Chapter 13.14
INDUSTRIAL WASTE REQUIREMENTS
Sections:
13.14.010 Declaration of policy.
13.14.030 General discharge prohibitions.
13.14.040 Discharge limitations.
13.14.050 Pretreatment facilities.
13.14.060 Reporting requirements.
13.14.070 Industrial waste discharge permits.
13.14.080 Inspection and sampling.
13.14.090 Spill prevention and control.
13.14.100 Extra-strength industrial waste charges.
13.14.140 Requests for reconsideration.
13.14.010 Declaration of policy.
(1) It is the policy of the city to provide the planning, engineering and administration necessary to develop, manage, or contract for sewer facilities that are adequate for the transportation, treatment and disposal of wastes from within the city and to operate the sewer system in a manner which protects public health and the environment. In carrying out this policy, the objectives of this chapter are:
(a) To prevent pollutants from entering the sewer system which will interfere with its normal operation or contaminate the resulting sludge;
(b) To prevent the introduction of pollutants into the sewerage system which will not be adequately treated and will pass through into the environment;
(c) To improve the opportunity for recycling and reclamation of wastewater and sludge.
(2) It is the intent of the city to provide needed sewer service to all users while meeting the outlined objectives. This chapter provides the structure under which the service will be provided for industrial waste so that the system is protected and can continue to provide efficiently for the waste treatment needs of the city.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.
13.14.020 Definitions.
For the purpose of this chapter, the words set out in this section shall have the following meanings:
(1) “Biochemical oxygen demand” or abbreviated thereof “BOD,” means the quality of oxygen utilized in the biochemical oxidation of organic matter over a period of five days at a temperature of 20 degrees Celsius (as described in the American Public Health Association publication, Standard Methods for the Examination of Water and Wastewaters, current edition or Guidelines Establishing Test Procedures for the Analysis of Pollutants, contained in 40 CFR 136 and amendments thereto.)
(2) “Branch sewer” or “lateral” means a conduit extending from the plumbing system of a building or buildings to and connecting with a public or private sewer.
(3) “Categorical pretreatment standards” are national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a public sewer system by specific industrial categories. These standards are promulgated pursuant to Section 403.6 of the general pretreatment regulations for existing and new sources (40 CFR 403 and amendments thereto.) The National Categorical Pretreatment Standards which have been promulgated to date are available from the City Administrator.
(4) “City Administrator” means the City Administrator of the City of Gladstone, Oregon or his or her duly authorized representative or agent.
(5) “City of Gladstone” or “city” means the municipality of Gladstone, Oregon, a municipal corporation of the State of Oregon, acting through the City Council or any board, committee, body, official or person to whom the council or the city charter has lawfully delegated the power to act for or on behalf of the city. Unless a particular board, committee, body, official or person is specifically designated in these required or implied herein, it shall be understood to mean action by the City Administrator of Gladstone, Oregon or his or her duly authorized representative or agent.
(6) “Combined sewer” or “combined sewer system” means a conduit or system of conduits in which both wastewater and stormwater are transported.
(7) “Compatible pollutant” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants which the city treatment works is designed to treat.
(8) “Composite sample” is a series of samples mixed together so as to approximate the average strength of discharge to the sewer. A composite sample for one day shall consist of a pool of twenty-four samples, each taken hourly, unless special conditions warrant otherwise and the City Administrator designates an alternative procedure.
(9) “Hazardous or toxic substances” are those substances listed by the City Administrator as hazardous or toxic pollutants. The list is based upon the priority pollutant list prepared by the U.S. Environmental Protection Agency and any additional information available which indicates toxicity or hazard level of particular substances. This list is available from the City Administrator and may be revised from time to time as additional information becomes available.
(10) “Industrial discharger/user” is any nonresidential discharger who discharges industrial wastes directly or indirectly into the city sewer system.
(11) “Industrial waste” means any liquid, solid, or gaseous substance, or combination thereof, resulting from any process of industry, manufacturing, commercial food processing, business, agriculture, trade or research, including but not limited to the development, recovering or processing of natural resources and leachate from landfills or other disposal sites.
(12) “Industrial waste discharge permit” is a permit to discharge industrial wastes into the city sewer system issued under the authority of this chapter and which prescribes certain discharge requirements and limitations.
(13) “Interference” is the inhibition or disruption of the city sewer system.
(14) “Person” means any individual, company enterprise, partnership, corporation, association, society, or group, and the singular term shall include the plural.
(15) “pH” means the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in moles per liter of solution. Neutral water has pH of 7 and a hydrogen ion concentration of 10 to the seventh power.
(16) “Pretreatment” is the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the city sewer system.
(17) “Sewer system” means the entire sewage collection and treatment system, exclusive of branch sewers. This includes all conduits, pumps, treatment equipment and any other components involved in the collection, transportation, treatment, and disposal of sanitary and industrial wastewater and sludge.
(18) “Slugload” is any discharge which exceeds, for a period of duration longer than fifteen minutes, more than ten times the average twenty-four-hour flow during normal operation or more than five times a specified allowable concentration of any substance listed in the hazardous or toxic substances list prepared by the City Administrator. In the case of batch discharge, the average flow shall be calculated using the actual discharge times.
(19) “Suspended solids” means total suspended matter that either floats on the surface or is in suspension in water or wastewater and that is removable by laboratory filtering (as described in Standard Methods for the Examination of Water and Waste waters, current edition or Guidelines Establishing Test Procedures for the Analysis of Pollutants, contained in 40 CFR 136, and amendments thereto, and referred to as non-filterable residue.)
(20) “Upset” is an exceptional incident in which discharger unintentionally and temporarily is in a state of noncompliance with the discharge requirements set forth in this chapter due to factors beyond reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
(21) “Wastewater” is industrial waste, or sewage or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the city sewer system.
Statutory Reference: ORS Ch. 454, 468 and 468B
History: Ord. 1124 §1, 1989.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.14.030 General discharge prohibitions.
(1) It is unlawful for any person to discharge industrial wastes into the city sewer system except in compliance with this chapter.
(2) Prohibited Discharges. It is unlawful for any person to discharge, cause to discharge or allow to discharge directly or indirectly into the city sewer system any of the following:
(a) Waters or wastes containing substances in such concentrations that they inhibit or interfere with the operation or performance of any sewage treatment process, are not amenable to treatment or reduction by the sewage treatment process employed, or are only partially amenable to treatment such that the sewage treatment plant effluent cannot meet the requirements of any agency having jurisdiction over its discharge to the receiving waters or that prevents the use or disposal of sewage treatment plant sludge in accordance with applicable state and federal regulations;
(b) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be sufficient either along or by interaction to cause fire or explosion or be injurious in any other way to the operation of the sewer system. Prohibited materials include, but are not limited to gasoline, benzene, naphtha, alcohols, fuel oil and other flammable or explosive substances;
(c) Any solid or viscous substances capable of obstructing sewage which will or may cause obstruction to the flow of sewage or other interference with the operation of the sewage works or treatment facilities. These substances include, but are not limited to ashes, cinders, sand, mud, straw, insoluble shavings, metal, glass, rags, feathers, tar, creosote, plastics, wood animal paunch contents, offal, blood bones, meat trimmings and wastes, fish or fowl heads, entrails, trimmings and wastes, lard tallow, baking dough, chemical residues, point residues, cannery waste bulk solids, hair and fleshings, or plastic or paper dishes, cups, or food or beverage containers, whether whole or ground;
(d) Any noxious or malodorous liquids, gases, solids, or other substances which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or preventing safe entry into a sewer or pump station;
(e) Any water or waste containing a hazardous or toxic substance in sufficient quantity, either singly or by interaction with other substances, to injure or interfere with any sewage treatment process; to constitute a hazard to humans or animals; or to create a hazard in, or adversely affect the receiving waters; or result in unacceptable concentrations of these substances being discharged in combined sewer overflows or sewage treatment plant effluent;
(f) Any wastes, waste waters or substances having a pH less than 5.55 or more than 10.00, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the sewer system. This includes, but is not limited to battery or plating acids and wastes, copper sulfate, chromium salts, and compounds, or salt brine;
(g) Any liquid or vapor having a temperature higher than sixty-five degrees Celsius (one hundred forty-nine degrees Fahrenheit) or contains heat in the amounts which will inhibit biological activity, resulting in interference at the treatment plant. In no case shall there be heat in such quantities that the temperature of the treatment plant influent exceeds twenty-seven degrees Celsius (eighty degrees Fahrenheit);
(h) Any material from a cesspool or septic tank, except such material received at city treatment plant under city contract;
(i) Any substance which may solidify or become discernibly viscous at temperatures above zero degrees Celsius (thirty-two degrees Fahrenheit);
(j) Any garbage that has not been properly comminute to 0.65 centimeters (one-quarter inch) or less in any dimension;
(k) Any release in a single discharge episode of such volume or strength as to cause interference to the sewer system which includes harmful or toxic materials or oxygen demanding pollutants (BOD, etc.);
(l) Any substances with objectionable color not removed in the treatment process, such as, but not limited to dye wastes and vegetable tanning solutions;
(m) Any wastewater which causes a hazard to human life or creates a public nuisance;
(n) Any unusual concentrations of inert suspended solids which may interfere with the operation of the sewer system, such as, but not limited to, fuller’s earth, lime slurries, or lime residue;
(o) Any unusual concentrations of dissolved solids which may interfere with the operation of the sewer system, such as, but not limited to, sodium chloride, calcium chloride, and sodium sulfate;
(p) Any radioactive material, except in compliance with the current “Oregon Regulations of the Control of Radiation” (OAR333-22-150 or amendments thereto);
(q) Any substance which may cause the sewer treatment plant’s effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process;
(r) Any substances discharged to the sewer system which causes the city to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Clean Water Act (33 USC 466); any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act (42 USC 6901), the Clean Air Act (42 USC 1857), the Toxic Substances Control Act (15 USC 2601), or state standards applicable to the sludge management method being used, or any amendments thereto.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §l, 1989.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.14.040 Discharge limitations.
(1) Notification of discharge. Prior to beginning a new industrial waste discharge into the city sewer system, the discharger shall notify the City Administrator of the discharge. The notification shall consist of the name and address of the discharger; the type of business or activity; and a brief description of the nature of the discharge, including an estimate of the flow and the type of pollutants in the waste:
(a) If an industrial waste discharge permit is required under GMC Section 13.14.070, the application of the permit shall serve as the required notification of discharge;
(b) For the purposes of this requirement, a new discharge is defined as a discharge which commences on or after June 5, 1986. Any discharge that was commenced prior to that date, but was not discharged into the sewer between June 5, 1984, and June 5, 1986, will be considered as a new discharge if it is resumed on or after June 5, 1986.
(2) It is unlawful for a discharger who has an effective industrial waste discharge permit, pursuant to GMC Section 13.14.070, to discharge wastes to the sewer system in excess of the limitations established in the permit or in violation of the prohibited discharge limitations in GMC Subsection 13.14.030(2). The City Administrator shall establish industrial waste discharge permit limitations to the extent necessary to enable the city to comply with current national pollutant discharge elimination system categorical and general pretreatment standards and waste discharge requirements as promulgated by the U.S. Environmental Protection Agency and the Oregon State Department of Environmental Quality; to protect the public health and safety; to protect the receiving water quality; to protect the sewer system; and to comply with all other applicable federal and state laws. Existing and future pretreatment standards for existing and new sources promulgated by the Environmental Protection Agency under the authority of the Clean Water Act (PL95-217), along with any future revisions or related legislative mandate, are incorporated herein by reference as a means of complying with federal and state pretreatment requirements and will be included as discharge limitations in industrial waste discharge permits issued to affected industries.
(3) It is unlawful to discharge into the sewer system concentrations of the following materials in excess of the specified limits, unless the discharger has an effective industrial waste discharge permit which establishes a different limitation for the specific pollutant.
|
Pollutant |
Concentration Limit |
|---|---|
|
Ammonia |
50.0 mg/l |
|
Arsenic |
1.0 mg/l |
|
Cadmium |
1.0 mg/l |
|
Chlorinated hydrocarbons |
0.5 mg/l |
|
Chlorine demand not to exceed |
20.0 mg/l |
|
Chromium (total) |
5.0 mg/l |
|
Copper |
2.0 mg/l |
|
Cyanide |
1.0 mg/l |
|
Lead |
2.0 mg/l |
|
Nickel |
3.0 mg/l |
|
Phenols or cresols |
1.0 mg/l |
|
Sulfate |
500.0 mg/1 |
|
Sulfide |
50.0 mg/1 |
|
Zinc |
4.0 mg/1 |
|
Total oil and greases |
100.0 mg/1 |
(4) It is unlawful for a discharger to add or increase the use of potable or process water as a partial or complete substitute for adequate treatment to achieve compliance with the standards and limitations set forth in this chapter or in an industrial waste discharge permit issued pursuant to the chapter.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.14.050 Pretreatment facilities.
(1) If, as determined by the City Administrator, treatment facilities, operation changes or process modifications at an industrial discharger’s facility are needed to comply with any requirements under this chapter or are necessary to meet any applicable state or federal requirements, the City Administrator may require that such facilities be constructed or modifications or changes be made within the shortest reasonable time, taking into consideration construction time, impact of the untreated waste on the city sewer system, economic impact on the facility, impact of the waste on the marketability of the city treatment plant sludge, and any other appropriate factor.
(2) Any requirement in subsection (1) of this section may be incorporated as a part of any industrial waste discharge permit issued under GMC Section 13.14.070 and made a condition of issuance of such permit or made a condition of the acceptance of the waste from such facility.
(3) Plans, specifications and other information relating to the construction or installation of preliminary treatment facilities required by the City Administrator under this chapter shall be submitted to the City Administrator. No construction or installation thereof shall commence until written approval of plans and specifications by the city is obtained. No person, by virtue of such approval, shall be relieved of compliance with other laws of the city and of the state relating to construction and to permits. Every facility for the preliminary treatment or handling of industrial wastes shall be constructed in accordance with the approved plans and specifications and shall be installed and maintained at the expense of the occupant of the property discharging the industrial wastes.
(4) Any person constructing a preliminary treatment facility, as required by the City Administrator, shall also install and maintain at his own expense a sampling manhole or other suitable monitoring access for checking and investigating the discharge from the preliminary treatment facility to the public sewer. The sampling manhole or monitoring access shall be placed in a location designated by the City Administrator and in accordance with specifications approved by the City Administrator.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.
13.14.060 Reporting requirements.
(1) Report on initial Compliance with Categorical Pretreatment Standards:
(a) Within one hundred eighty days after the effective date of a categorical pretreatment standard issued by the EPA or within ninety days after receiving notification from the City Administrator that such a standard has been issued, whichever is sooner, existing industrial waste dischargers subject to such standard shall submit to the City Administrator a report, as required by the EPA pretreatment regulations, which includes the following:
(A) The name and address of the facility and the name of the owner and operator;
(B) A list of any environmental control permits on the facility;
(C) A description of the operation(s);
(D) The average and maximum daily flow;
(E) The levels of the particular pollutants that are regulated in the standard;
(F) A statement as to whether the applicable standards are being consistently met and, if not, what additional measures are necessary to meet them; and
(G) If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the needed pretreatment and/or operation and maintenance can be provided. This report shall be reviewed by an authorized representative of the discharger and certified to by a qualified professional.
(b) New industrial waste dischargers subject to an effective categorical pretreatment standard issued by EPA shall submit to the City Administrator, following the commencement of their discharge into the sewer system, a report which contains the information listed in subsection (l)(a)(A) through (E) of this section;
(c) These reports shall be completed in compliance with the specific requirements of Section 403.12 of the general pretreatment regulations for existing and new sources (40 CFR 403) promulgated by the Environmental Protection Agency on January 28, 1981, or any subsequent revisions thereto;
(d) If the information required in subdivision (a) of this subsection (1) has already been provided to the City Administrator and that information is still accurate, the discharger may reference this information instead of submitting it again.
(2) Periodic Compliance Reports:
(a) Any discharger that is required to have an industrial waste discharge permit pursuant to Section 13.14.070 shall submit to the city during the months of June and December, unless required on other dates and or more frequently by the City Administrator, a report indicating the nature of the effluent over the previous six-month period. The report shall include, but is not limited to, a record of the concentrations (and mass if limit in the permit) of the limited pollutants that were measured and a record of all flow measurements that were taken;
(b) The frequency of the monitoring shall be determined by the City Administrator and specified in the industrial waste discharge permit. If there is an applicable effective federal categorical pretreatment standard, the frequency shall not be less than that prescribed in the standard;
(c) Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the City Administrator may accept reports of average and maximum flows estimated by verifiable techniques;
(d) The City Administrator may require reporting by industrial dischargers that are not required to have an industrial waste discharge permit if information and/or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system;
(e) The City Administrator may require self-monitoring by the discharger or, if requested by the discharger, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this subsection (2):
(A) If the City Administrator agrees to perform such periodic compliance monitoring, the City Administrator may charge the discharger for the monitoring, based upon the costs incurred by the city for the sampling and analysis. Any such charges shall be added to the normal sewer charge and shall be payable as part of the sewer bills;
(B) The City Administrator is under no obligation to perform such periodic compliance monitoring for the discharger;
(C) Periodic compliance monitoring is the monitoring which is necessary to provide the information on discharge quality and quality required for the periodic compliance reports.
(3) Confidential Information:
(a) Any records, reports or information obtained under this chapter shall be available to the public or any governmental agency without restriction, unless classified by the City Administrator as a record exempt from public inspection pursuant to Oregon Revised Statutes Chapter 192, the Oregon Public Records Law. In order to obtain an exemption for all or part of any records, reports or information submitted, the discharger shall:
(A) Submit a written request to the City Administrator identifying the material that is desired to be classified as exempt and the provision of law which authorizes the exemption; and
(B) Demonstrate to the satisfaction of the City Administrator that records, reports or information or particular parts thereof, if made public, would divulge a secret process, device or method of manufacturing or production entitled to protection as trade secrets of the dischargers; or meet the requirements of a section of the Oregon Public Records Law allowing exemption.
(b) Effluent data, as defined in 40 CFR 2.302, submitted pursuant to this chapter shall not be classified as exempt;
(c) Records, reports or information or parts thereof classified as exempt by the City Administrator shall not be released or made part of any public record or hearing unless such release is ordered by a court of competent jurisdiction. However, such exempt information shall, upon written request, be made available to state or federal agencies having jurisdiction, duties or responsibilities relating to this chapter, the National Pollutant Discharge Elimination System or state of Oregon waste disposal laws and regulations. Exempt information shall not be transmitted to any governmental agency by the City Administrator until notification is given to the discharger.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.14.070 Industrial waste discharge permits.
(1) Requirements for a permit. Except as provided in subsection (b) of this subsection an industrial waste discharger shall have an industrial waste discharger permit prior to discharging into the city sewer system if:
(a) The discharge is subject to promulgated national categorical pretreatment standards; or
(b) The discharge, as determined by the City Administrator, contains pollutants in concentrations or quantities that interfere or have the potential to interfere with the operation of the sewer system; has a significant impact or potential for a significant impact on the sewer system, either singly or in combination with other contribution industries; or increases the cost of operation of the system; or
(c) The discharge requires pretreatment in order to comply with the discharge limitations in this chapter; or
(d) The discharge has a maximum instantaneous flow which exceeds ten percent of the capacity of the available lateral or appropriate trunk sewer.
(2) Existing Discharges:
(a) A person discharges industrial waste into the city sewer system at the time of adoption of this chapter shall be notified in writing by the City Administrator that an industrial discharge permit is required. The discharge may continue without an industrial waste discharge permit until a permit is issued or denied, provided that discharge files a completed application for an industrial waste permit within ninety days of the receipt of the notice;
(b) Discharge that require an industrial waste discharge permit and are allowed to continue discharging without such a permit under this subsection (2) shall comply with Sections 13.14.030, 13.14.040, 13.14.080 and 13.14.100.
(3) Application for Industrial Waste Discharge Permit:
(a) Application for an industrial waste discharge permit shall be made to the City Administrator on forms provided by the city. The application shall not be considered as complete until all information identified on the form is provided, unless specific exemptions are granted by the City Administrator;
(b) Completed applications shall be made within ninety days of the date requested by the City Administrator or, for new discharges, at least ninety days prior to the date that discharge is to begin. The required ninety day lead time for making application for a new discharge may be decreased by the city if requested by the applicant for good and valid cause.
(4) Issuance of Industrial Waste Discharge Permits:
(a) Industrial waste discharge permits will be issued or denied by the City Administrator within ninety days after a completed application is received.
(b) Industrial waste discharge permits shall contain conditions which meet the requirements of this chapter as well as those of applicable state and federal laws and regulations;
(c) If pretreatment facilities are needed to meet the discharge requirements in the discharge permit, the permit shall require the installation of such facilities;
(d) Whenever a discharge permit requires installation or modification of pretreatment facilities or a process change necessary to meet discharge standards or spill control requirements, a compliance schedule shall be included which establishes the date for completion of the pretreatment facilities or process changes and any appropriate interim dates;
(e) Discharge permits shall expire no later than five years after the effective date of the permit;
(f) The City Administrator may deny the issuance of a discharge permit if, as determined by the City Administrator, the discharge will result in violations of city, state or federal laws or regulations; will overload or cause damage to any portion of the city sewer system; or will create an imminent or potential hazard to personnel.
(5) Modification of Permits:
(a) An industrial waste discharge permit may be modified for good and valid cause at the written request of the permittee or at the discretion of the City Administrator;
(b) Permittee modification requests shall be submitted to the City Administrator and shall contain a detailed description of all proposed changes in the discharge. The City Administrator may request any additional information needed to adequately prepare the modification or assess its impact;
(c) The City Administrator may deny a request for modification if, as determined by the City Administrator, the change will result in violation of city, state or federal laws or regulations; will overload or cause damage to any portion of the city sewer system; or will create an imminent or potential hazard to personnel;
(d) If a permit modification is made at the direction of the City Administrator, the permittee shall be notified in writing of the proposed modification at least thirty days prior to its effective date and informed of the reasons for the changes. Any request for reconsideration shall be made before the effective date of changes.
(6) Change in Permitted Discharge. A modification to the permittee’s discharge permit must be issued by the City Administrator before any significant increase is made in the volume or level of pollutants in an existing permitted discharge to the city sewer system. Changes in the discharge involving the introduction of a waste stream(s) not previously included in the industrial waste discharge permit application or involving the addition of new pollutants shall be considered as new discharges, requiring application under subsection (3) of this section.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.
13.14.080 Inspection and sampling.
(1) Inspection:
(a) The City Administrator may inspect the monitoring facilities of any industrial waste discharger to determine compliance with the requirements of this chapter. The discharger shall allow the City Administrator to enter upon the premises of the discharger at all reasonable hours, for the purpose of inspection, sampling, or records examination. The city shall also have the right to set up on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. The right of entry includes, but is not limited to, access to those portions of the premises that contain facilities for sampling, measuring, treating, transporting or otherwise handling wastes, and storing records, reports or documents relating to the treatment, sampling, or discharge of the wastes.
(2) Conditions for Entry:
(a) The authorized city representative shall present appropriate credentials at the time of entry;
(b) The purpose of the entry shall be for inspection, observation, measurement, sampling, testing or records examination in accordance with the provisions of this chapter;
(c) The entry shall be made at reasonable times during normal operating or business hours unless an emergency situation exists as determined by the City Administrator;
(d) All regular safety and sanitary requirements of the facility to be inspected shall be complied with by the city representative(s) entering the premises.
(3) Sampling:
(a) Samples of wastewater being discharged into sewer system shall be representative of the discharge and shall be taken after treatment, if any, and before dilution by other water. The sampling method shall be one approved by the City Administrator and one in accordance with good engineering practice;
(b) Sampling that are taken by city personnel for the purposes of determining compliance with the requirements of this chapter shall be split with the discharger (or a duplicate sample provided in the instance of fats, oils and greases) if requested before or at the time of sampling;
(c) All sample analyses shall be performed in accordance with the procedures set forth in 40 CFR136 and any amendments thereto or with any other test procedures approved by the administrator of the Environmental Protection Agency.
(4) Sampling Manhole or Access. The City Administrator may require a discharger to install and maintain at the discharger’s expense a suitable manhole in the dischargers branch sewer or other suitable monitoring access to allow observation, sampling and measurement of all industrial wastes being discharged into the city sewer system. It shall be constructed in accordance with plans approved by the City Administrator and shall be designed so that flow measuring and sampling equipment may be conveniently installed. Access to the manhole or monitoring access shall be available to city representatives at all times.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.14.090 Spill prevention and control.
(1) Notification. Any person aware of spills or uncontrolled discharges of hazardous or toxic substances or substances prohibited under GMC Subsection 13.14.030(2) directly or indirectly into the city sewer system or into a tributary to the city sewer system, shall immediately report such discharge by telephone to the City Administrator.
(2) Posted Notice. A notice informing employees of the notification requirements and containing a telephone number or individual to contact in the event of such a discharger shall be posted in a conspicuous place, visible to all employees who may reasonably be expected to observe such a discharge.
(3) Preventative Measures. Direct or indirect connections or entry points which could allow spills or uncontrolled discharges of hazardous or toxic substances or substances prohibited under LOG Section 13.14.030(2) to enter the city sewer system shall be eliminated, labeled, or controlled so as to prevent the entry of wastes in violation of this chapter. The City Administrator may require the industrial user to install or modify equipment or make other changes necessary to prevent such discharges as a condition of issuance of an industrial waste discharge permit or as a condition of continued discharge into the city sewer system. A schedule of compliance shall be established by the City Administrator which requires completion of the required actions with the-shortest reasonable period of time. Violation of the schedule without an extension of time by the City Administrator is a violation of this chapter.
(4) Spill Prevention and Control Plans:
(a) Industrial users that handle, store or use hazardous or toxic substances or substances prohibited under GMC Subsection 13.14.030(2) on their site shall prepare and submit to the City Administrator a spill prevention plan by March 1, 1990. The plan shall be directed at preventing the entrance of such substances, directly or indirectly, into the city sewer system. It shall be available for inspection at the facility during normal business hours and shall include, but not be limited to, the following elements:
(A) A description of the hazardous substances handled and their potential points of entry into the city sewer system;
(B) A description of the measures to be taken to prevent entry at the described point before a spill occurs;
(C) Measures to be taken to contain a spill if one occurs;
(D) A description of employee training in the prevention and control of spills;
(E) A valid spill prevention plan required under the Federal Clean Water Act may be acceptable in lieu of developing a new spill prevention plan, provided the plan addresses adequately the elements required.
(b) The City Administrator may require revisions to an industrial waste discharger’s spill prevention plan if the plan contains elements that are inadequate, as determined by the City Administrator or the discharger has a spill or uncontrolled discharge of a hazardous or toxic substance or a substance prohibited under GMC Subsection 13.14.030(2) into the city sewer system.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.
13.14.100 Extra-strength industrial waste charges.
(1) Industrial waste is subject to the extra-strength sewage charge if it has a biochemical oxygen demand in excess of 300 milligrams per liter or a suspended solids concentration in excess of three hundred fifty milligrams per liter. The city may establish levels of other pollutants which are to be subject to extra strength charges, the amount of the charges to be determined by the City Administrator. Payment of the extra-strength sewage charge does not relieve the discharger of responsibility for all other applicable provisions of this chapter.
(2) Basis of Extra-Strength Sewage Charge Rates:
(a) Concentration. The concentration of each pollutant in excess of the limits specified in subdivision (1) of this subsection shall be used to determine the extra-strength sewage charge rate (dollars per one hundred cubic feet) throughout the time interval between sample periods. The concentration shall be the average value of daily composite samples taken over a period of five days, except when another period is specified by the City Administrator. Samples shall be taken at an approval sampling manhole or other location adjudged by the City Administrator to be suitable so that samples will be representative. The rate of charge for each pollutant is established by City Council resolution;
(b) Volume. The volume used to bill the extra- strength sewage charge shall be the total metered water supply to the premises. However, there the industrial waste is discharged separately from domestic, product, or cooling waters, and the industrial user provides a meter or other acceptable method of determining the quantity of water not subject to the extra-strength sewage charge, then an appropriate allowance for such other uses shall be made. The allowance for domestic sewage shall be one thousand cubic square feet per nine employees, unless this allowance is included in another measurement.
(3) Other Charge Computations. If unusual effluent conditions make calculations by the composite method impossible or unrealistic, another method of sampling and computations acceptable to the City Administrator and based on the rates established by City Council resolution may be implemented.
(4) Billing. Extra-strength sewage charges shall be either included with the periodic water-sewer bills or shall be billed separately by the City Administrator. Extra-strength charges shall be enforceable and collectable in the same manner as water and sewer charges.
(5) Minimal Charges—Suspension. The City Council by resolution may establish a minimum limit or monthly extra-strength charges. The billing for all accounts whose monthly extra-strength charges are below this minimum limit, will be suspended until such time as they are found to be higher.
(6) Adjustments. The City Administrator may check sewage strength as outlined in this section and adjust charges where applicable at any time in accordance with the most recent analysis.
(7) Resampling Request—Fees. Any discharger may request the city to resample wastewater at no charge if eighteen months or more have elapsed since the last such sampling. If less than eighteen months have elapsed since the last sampling, then requests for the city to resample wastes shall be submitted in writing and accompanied by full payment for the resampling fee.
(8) Termination or Limitation. Notwithstanding prior acceptance into the city sewer system of industrial wastes under this section, if the City Administrator finds that industrial wastes from a particular commercial or industrial occupancy or a class of wastes from similar commercial or industrial occupancies cause or may cause damage to the city sewer system; or a nuisance or hazard to the city system; or a nuisance or hazard to the city sewer system, city personnel or the receiving waters; then the City Administrator may limit the characteristics or volume of the industrial wastes accepted under this section, or may terminate the acceptance. Notice of the limitation or termination shall be given in writing to the occupant of the property involved and shall specify the date when the limitation or termination is to be effective. It is unlawful for any person to discharge or permit the discharge of industrial wastes in violation of this notice. The provisions of this subsection are in addition to the provisions of GMC Section 13.14.110.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1 (pan), 1989.
13.14.110 Enforcement.
(1) Penalties. Any person who fails to comply with, or who violates, any provision of this chapter, or who fails to carry out the terms and conditions of any approval granted under this chapter has committed a civil infraction and shall be subject to a fine of not more than five hundred dollars per violation. Each day that the violation exists constitutes a separate violation.
(2) Violations. Any action or use which occurs contrary to the provisions of this chapter or contrary to any permit or approval issued or granted hereunder is hereby declared to be unlawful and a public nuisance, and may be abated by appropriate proceedings.
(3) Termination or Prevention of a Discharge:
(a) The City Administrator may terminate or prevent a discharge into the city sewer system if:
(A) The discharge or threatened discharge presents or may present an imminent danger to the health or welfare of persons or the environment, or threatens to interfere with the operation of the city sewer system;
(B) The permit to discharge into the city sewer system was obtained by misrepresentation of any material fact or by lack of full disclosure;
(C) The discharger violates any requirement of this chapter or of an industrial waste discharge permit;
(D) Such action is directed by a court of competent jurisdiction.
(4) Notice of termination or prevention of discharge shall be provided to the discharger prior to terminating or preventing the discharge.
(a) In situations that do not represent an endangerment to health or the environment or threaten to interfere with the sewer system, the notice shall be in writing; shall contain the reasons for the termination or prevention of the discharge, the effective date, the duration, and the name, address and telephone number of a city contract; shall be signed by the City Administrator; and shall be received at the business address of the discharger no less than thirty days prior to the effective date;
(b) In situations where there is an endangerment to the health or welfare of persons or the environment or threatened interference with the operation of the sewer system, the City Administrator may immediately terminate an existing discharge or prevent a new discharge from commencing after providing informal notice to the discharger. Informal notice may be verbal or written and shall include the effective date and time and a brief description of the reason. Within three working days following the informal notice, a written formal notice as described in subsection (4)(a) of this section shall be provided to the discharger.
(5) Cost Recovery:
(a) The City Administrator may recover all reasonable costs associated with enforcing the provision of this chapter and of damages to the city sewer system and of paying fines or penalties which result from a discharge not in compliance with this chapter from the person responsible for such discharge;
(b) Requests for recovery of the cost shall be by letter to the discharger; sent certified or register mail, return receipt requested, which states the specific violation(s), the costs, damages and penalties sustained by the attributable to the discharge and, therefore, billed to the discharger;
(c) The costs are due and payable by the discharger upon receipt of the letter. Nonpayment or disputes regarding the amount shall be referred for appropriate action to the City Attorney. The City Attorney may initiate appropriate against the discharger to recover costs under this section;
(d) The City Administrator may terminate a discharge for nonpayment of costs under this subsection after thirty days notice to the discharger.
(6) Operating Upsets. Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or an industrial wastewater discharge permit issued pursuant to GMC Section 13.14.070 shall inform the City Administrator of the upset within twenty-four hours of the first awareness of it. where such information is given orally, a written follow-up report shall be filed by the discharger with the City Administrator within five days. The report shall specify:
(a) Description of the upset, the cause thereof and the upset’s impact on the discharger’s compliance status;
(b) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur;
(c) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.
13.14.120 Records retention.
All dischargers subject to this chapter shall retain and preserve for no less than three years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of the discharger in connection with its discharge. All records which pertain to matters which are subject to any enforcement or litigation activities brought by the city pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
Statutory Reference: ORS Ch. 454, 468 and 468B
History: Ord. 1124 §1, 1989.
13.14.130 Fees.
Fees for permits, inspections, record management, sampling, resampling and extra strength waste shall be established and may from time to time be revised by resolution by the City Council.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.
13.14.140 Requests for reconsideration.
A discharger may request the City Administrator to reconsider any determination made under this chapter if there is reason to believe that sufficient data or information is available to support a different determination. Any request for reconsideration shall be accompanied by the data and/or information the discharger used as a basis for the request. The City Administrator may revise the initial determination or retain the original determination based upon the submitted request.
Statutory Reference: ORS Ch. 454,468 and 468B
History: Ord. 1124 §1, 1989.