HomeMy WebLinkAboutOrdinance No. 4452 - Second Reading: Ordinance amending Chapter 12-3 Pre-treatment of Sewage Discharge.Full Ordinance
ORDINANCE NO. ____
AN ORDINANCE AMENDING SECTIONS 12-3-1, 12-3-2, 12-
3-8, 12-3-11, 12-3-12, 12-3-14, 12-3-15, 12-3-16, 12-3-18, 12-
3-19, 12-3-20, 12-3-22, 12-3-23, 12-3-24, 12-3-25, 12-3-27, 12-
3-28, PARAGRAPH (15) OF SECTION 12-3-3, PARAGRAPH
(a) OF SECTION 12-3-4, PARAGRAPHS (a) (b) AND (c) OF
SECTION 12-3-10, PARAGRAPHS (a) AND (c) of SECTION
12-3-13, AND PARAGRAPH (a) OF SECTION 12-3-21 OF
CHAPTER 12-3 OF TITLE 12 OF THE ROCHESTER CODE
OF ORDINANCES RELATING TO PRETREATMENT OF
SEWAGE DISCHARGES.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS:
Section 1. Section 12-3-1 of the Rochester Code of Ordinances is amended to read as
follows:
Sec. 12-3-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Act means the Federal Water Pollution Control Act (also known as the Clean Water Act) as
amended, 33 USC 1251 et seq.
Ammonia nitrogen (NH-N) means the quantity of nitrogen present in wastewater in the form
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of ammonia as measured by procedures described in Standard Methods.
Carbonaceous biochemical oxygen demand (CBOD) means the quantity of oxygen utilized
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after five days in the biochemical oxidation of organic matter present in wastewater as measured
by procedures described in Standard Methods.
City means the City of Rochester, Minnesota or its governing body, the common council of
the City of Rochester.
Cooling water means the water discharged from any use such as air conditioning, cooling,
or refrigeration, or during which the only pollutant added to the water is heat.
Industrial users or industries means a source that introduces pollutants into the sanitary
sewer from a nondomestic source regulated under section 307(b), (c), or (d) of the Act.
Interference means the inhibition or disruption of the city's wastewater disposal system
processes or operations which causes or significantly contributes to a violation of any requirement
of the city's NPDES permit. The term "interference" includes prevention of sewage biosolids use
or disposal by the city.
Medical waste means isolation waste, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, and dialysis wastes.
pH means the reciprocal of the logarithm of the hydrogen ion concentration. The
concentration is the weight of hydrogen ions, in grams, per liter of solution as measured in
procedures described in Standard Methods.
Manager means the City of Rochester Deputy Public Works Director of Environmental
Services, or their designee.
Person means any individual, firm, company, association, society, corporation or group.
Pretreatment means the process of reducing the amount of pollutants, eliminating pollutants,
or altering 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's wastewater disposal system.
The reduction, elimination, or alteration may be obtained by physical, chemical or biological
processes, process changes or other means.
Significant industrial user means any industrial user of the city's wastewater disposal system
which:
(1) Has a discharge subject to categorical pretreatment standards under 40 CFR 403.6 and
40 CFR chapter I, subchapter N (40 CFR 405—471);
(2) Discharges an average of 25,000 gallons per day or more of processed wastewater
(excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the
wastewater disposal system or that contributes to the processed waste stream which
makes up five percent or more of the average dry weather hydraulic, CBOD , TSS, NH
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-N, or TP capacity of the water reclamation plant; or
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(3) Is designated as such by the wastewater utility manager manager on the basis that the
industrial user has a reasonable potential for adversely affecting the water reclamation
plant's operation or for violating any pretreatment standard or requirement.
Upon finding that a noncategorical user has no reasonable potential for adversely affecting the
water reclamation plant's operation or for violating any pretreatment standard or requirement, the
wastewater utility manager may, at any time, upon its own initiative or in response to a petition
received from a noncategorical industrial user and with the consent of the MPCA, determine that
such industrial user is not a significant industrial user.
Standard Methods means the latest edition of Standard Methods for the Examination of
Water and Wastewater prepared and published jointly by the American Public Health Association,
the American Water Works Association, and the Water Environment Federation and, if options
are available for a particular characteristic, the method as chosen by the water reclamation plant
for analysis.
State disposal system permit means a permit, including any terms, conditions and
requirements thereof, issued by the MPCA pursuant to Minn. Stats. § 115.07 for a disposal
system.
Stormwater means any flow of water occurring during or following any form of natural
precipitation or which results therefrom.
Total phosphorus (TP) means all forms of phosphorus present in wastewater as measured
in procedures described in Standard Methods.
Total pollutants means any listed substances, compounds, or elements identified by the
United States Environmental Protection Agency pursuant to section 307(A)(1) of the Clean Water
Act.
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Total suspended solids (TSS) means the nonfilterable residual matter present in wastewater
as measured in procedures described in Standard Methods. If a waste has a solids concentration,
which cannot be filtered using Standard Methods procedures, then total solids will be measured
and used in lieu of TSS using procedures described in Standard Methods.
Total toxic organics means the summation any listed substances, compounds, or elements
identified by the United States Environmental Protection Agency pursuant to section 307(A)(1) of
the Clean Water Act greater than 0.01 milligrams per liter.
User means a person who discharges, or causes or permits the discharge of, wastewater
into the city's wastewater disposal system.
Wastewater means the spent water of a community and includes liquid and water-carried
wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with
any groundwater, and surface water that may be present, whether treated or untreated, which is
discharged into or permitted to enter the city's wastewater disposal system.
Wastewater disposal system or system means any devices, facilities, structures, equipment
or works owned or used by the city for the purpose of the transmission, storage, treatment,
recycling, and reclamation of industrial and domestic wastewater or necessary to recycle or reuse
water, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power,
and other equipment, and their appurtenances, extensions, improvements, remodeling, additions,
and alterations thereof, elements essential to provide a reliable recycled water supply such as
standby treatment units and clear well facilities, and any works, including land that will be an
integral part of the treatment process or is used for ultimate disposal of residues resulting from
such treatment.
Waters of the state are streams, lakes, ponds, marshes, watercourses, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or artificial, public or private, which are
contained within, flow through, or border upon the state or any portion thereof.
Section 2. Section 12-3-2 of the Rochester Code of Ordinances is amended to read as
follows:
Sec. 12-3-2. – Control by the wastewater utility manger manager.
The wastewater utility manager manager shall have control and general supervision of all
public sewers and service connections in the city, and shall be responsible for administering the
provisions of this chapter to the end that a proper and efficient public sewer system is maintained.
Where this chapter refers to the responsibilities or duties of the wastewater utility manager
manager, the wastewater utility manager manager is empowered to delegate an authorized
representative.
Section 3. Section 12-3-8 of the Rochester Code of Ordinances is amended to read as
follows:
Sec. 12-3-8. – Accidental discharges.
Each user shall provide protection from accidental discharge of prohibited materials or
other substances regulated by this chapter. Where necessary, facilities to prevent accidental
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discharge of prohibited materials shall be provided and maintained at the owner's or user's own
cost and expense. Detailed plans showing facilities and operating procedures to provide this
protection shall be submitted to the wastewater utility manager manager for review and shall be
approved by the wastewater utility manager manager before construction of the facility. Review
and approval of such plans and operating procedures shall not relieve the industrial user from the
responsibility to modify the user's facility as necessary to meet the requirements of this chapter
Section 4. Section 12-3-11 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-11. – Hazardous waste discharges.
Industrial users must notify the wastewater utility manager manager, MPCA, and EPA of any
discharge into the sanitary sewer which, if otherwise disposed of, would be considered a listed or
characteristic RCRA hazardous waste under 40 CFR 261, hazardous waste. Notifications must
be made and approved prior to discharge.
Section 5. Section 12-3-12 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-12. – Wastewater discharge permits.
(a) Mandatory permits. All significant industrial users proposing to connect or to commence a
new discharge to the wastewater disposal system shall obtain a wastewater discharge permit
before connecting to or discharging into the wastewater system. All existing significant
industrial users or industrial users subject to National Categorical Pretreatment Standards
connected to or discharging into the wastewater disposal system shall obtain a wastewater
discharge permit within 90 days after the effective date of the ordinance from which this
chapter is derived.
(b) Permit application. Users required to obtain a wastewater discharge permit shall complete
and file with the wastewater utility manager manager, an application in the form prescribed
by the wastewater utility manager manager, and accompanied by a fee of $100.00. New
users shall apply prior to connecting or discharging to the wastewater disposal system. In
support of the application, the user shall submit, in units and terms appropriate for evaluation,
the following information:
(1) Name, address, and location (if different from the address).
(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the
Budget, 1972, as amended.
(3) Wastewater constituents and characteristics, including, but not limited to, those limited
by section 12-3-4,as determined by a reliable analytical laboratory, sampling and
analysis shall be performed in accordance with procedures established by EPA
pursuant to section 304(g) of the Act and contained in 40 CFR 13b, as amended.
(4) Time and duration of discharge.
(5) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and
seasonal variations, if any.
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(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers,
sewer connections, and appurtenances by the size, location and elevation.
(7) Description of activities, facilities and plant processes on the premises including all
materials which are or could be discharged.
(8) Where known, the nature and concentration of any pollutants in the discharge which
are limited by any city, state or National Categorical Pretreatment Standards, and (for
an existing discharge) a statement regarding whether or not the pretreatment standards
are being met on a consistent basis and, if not, whether additional operation and
maintenance and/or additional pretreatment is required for the user to meet applicable
pretreatment standards. If additional operation and maintenance and/or pretreatment
will be required, the proposed schedule by which the changes will be completed shall
be submitted. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. The schedule
shall contain increments of progress in the form of dates for the commencement and
completion of major events leading to the construction and operation of additional
pretreatment required for the use to meet the applicable pretreatment standard. No
increment shall exceed nine months in length, and progress reports concerning each
increment shall be submitted within 14 days following each increment date.
(9) Each product produced by type, amount, and rate of production.
(10) Type and amount of raw materials processed (average and maximum per day).
(11) Number of full-time and part-time employees, and hours of work.
(12) Any other information as may be deemed by the wastewater utility manager manager
to be necessary to evaluate the permit application.
(c) Evaluation of data. The wastewater utility manager manager will evaluate the data furnished
by the user and may require additional information. After evaluation and acceptance of the
data furnished, the wastewater utility manager manager may issue a wastewater discharge
permit subject to terms and conditions provided herein.
(d) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions
of this chapter and all other applicable regulations, user charges and fees established by the
city. Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be
discharged to the wastewater disposal system.
(2) Limits on the average and maximum wastewater constituents and characteristics.
(3) Limits on average and maximum rate and time of discharge or requirements for flow
regulations and equalization.
(4) Requirements for installation and maintenance of inspection and sampling facilities.
(5) Requirements for installation, operation, and maintenance of pretreatment facilities.
(6) Specifications for monitoring programs which may include sampling locations,
frequency and method of sampling, number, types and standards for tests and reporting
schedule.
(7) Compliance schedules.
(8) Requirements for submission of technical reports or discharge reports.
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(9) Requirements for maintaining and retaining plant records relating to wastewater
discharge, as specified by the wastewater utility manager manager, and affording the
wastewater utility manager manager access thereto.
(10) Requirements for notification to the wastewater utility manager manager of any new
introduction of wastewater constituents or any substantial change in the volume or
character of the wastewater constituents being introduced into the wastewater
treatment system.
(11) Requirements for notification of slug discharges.
(12) Other conditions as deemed appropriate by the city to ensure compliance with this
chapter.
(e) Permit duration. Permits shall be issued for a specified time period, not to exceed five years.
A permit may be issued for a period of less than a year or may be stated to expire on a
specific date. The user shall apply for permit reissuance a minimum of 60 days prior to the
expiration of the user's existing permit. The terms and conditions of the permit may be subject
to modification by the wastewater utility manager manager during the term of the permit as
limitations or requirements are modified or other just cause existing. The user shall be
informed of any proposed changes in his their permit at least 30 days prior to the effective
date of change. Any changes or new conditions in the permit shall include a reasonable time
schedule for compliance. Within nine months of the promulgation of a National Categorical
Pretreatment Standard, the wastewater discharge permit of users subject to such standard
shall be revised to require compliance with such standard within the time frame prescribed
by such standard. Where a user, subject to a National Categorical Pretreatment Standard,
has not previously submitted an application for a wastewater discharge permit as required
by chapter 12-6, the user shall apply for a wastewater discharge permit within 180 days after
the promulgation of the applicable National Categorical Pretreatment Standard. In addition,
the user with an existing wastewater discharge permit shall submit to the wastewater utility
manager manager within 180 days after the promulgation of the applicable National
Categorical Pretreatment Standard the information required by this chapter. If the information
previously submitted in an application is still current and adequate, only a letter from the user
certifying such is required.
(f) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific
operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a
new owner, new user, different premises, or a new or changed operation without the approval
of the wastewater utility manager manager. Any succeeding owner or user shall also comply
with the terms and conditions of the existing permit.
Section 6. Section 12-3-14 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-14. – Inspection and sampling.
The wastewater utility manager manager shall inspect the facilities of any user to ascertain
whether the purpose of this chapter is being met and all requirements are being complied with.
Persons or occupants of premises where wastewater is created or discharged shall allow the
wastewater utility manager manager ready access, at all reasonable times, to all parts of the
premises for the purposes of inspection, sampling, records examination or in the performance of
any of their duties. The wastewater utility manager manager, MPCA and EPA shall have the right
to set up on the user's property such devices as are necessary to conduct sampling, inspection,
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compliance monitoring and/or metering operations. Where a user has security measures in force
which would require proper identification and clearance before entry into their premises, the user
shall make necessary arrangements with any security guards so that, upon presentation of
suitable identification, the wastewater utility manager manager, MPCA and EPA will be permitted
to enter, without delay, for the purposes of performing their specific responsibilities.
Section 7. Section 12-3-15 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-15 – Pretreatment.
(a) Users shall provide necessary wastewater treatment as required to comply with this chapter
and shall achieve compliance with all National Categorical Pretreatment Standards within
the time limitations as specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the wastewater utility manager
manager shall be provided, operated, and maintained at the user's expense. Detailed plans
showing the pretreatment facilities and operating procedures shall be submitted to the
wastewater utility manager manager for review, and shall be acceptable to the wastewater
utility manager manager before construction of the facility. The review of such plans and
operating procedures will in no way relieve the user from the responsibility of modifying the
facility as necessary to produce an effluent acceptable to the wastewater utility manager
manager under the provisions of this chapter. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be acceptable to the wastewater
utility manager manager prior to the user's initiation of the changes.
(b) All records relating to compliance with pretreatment standards shall be made available by
the wastewater utility manager manager to officials of the EPA or MPCA upon request.
Section 8. Section 12-3-16 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-16. – Confidential information.
(a) Information and data on a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall be available to the public or
other governmental agencies without restriction unless the user specifically requests and is
able to demonstrate to the satisfaction of the wastewater utility manager manager and in
accordance with 40 CFR 403.14 that the release of such information would divulge
information, processes or methods of production entitled to protection as trade secret
information of the user. The term "trade secret information" shall be defined as provided in
Minn. Stats. § 13.37, subd. 1(b).
(b) When requested by the person furnishing a report, the portions of a report which might
disclose trade secret information shall not be made available for inspection by the public but
shall be made available upon written request to governmental agencies for uses related to
this chapter, the NPDES permit, state disposal system permit and/or the pretreatment
programs; provided, however, that such portions of a report shall be available for use by the
state or any state agency in judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics will not be recognized as
confidential information.
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Section 9. Section 12-3-18 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-18 – Slug or accidental discharges.
(a) Users shall notify the wastewater utility manager manager immediately upon having a slug
or accidental discharge of substances or wastewater in violation of this chapter in order to
enable countermeasures to be taken by the wastewater utility manager manager to minimize
damage to the wastewater disposal system and the receiving waters. Such notification will
not relieve users of liability for any expense, loss or damage to the wastewater disposal
system or treatment process, or for any fines imposed on the city on account thereof under
any state or federal law.
(b) The wastewater utility manager manager may require any significant industrial users (SIU)
to submit a plan to control slug discharges as defined under 40 CFR 403.8(f)(2)(v).
(c) A detailed written statement submitted by the user describing the causes of the slug or
accidental discharge and the measures taken to prevent any future occurrence shall be
submitted to the wastewater utility manager manager within 15 days of the date of
occurrence.
Section 10. Section 12-3-19 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-19. – Revocation of permit.
The wastewater utility manager manager may revoke the permit of any user which fails to
factually report the wastewater constituents and characteristics of his their discharge, which fails
to report significant changes in wastewater constituents or characteristics, which refuses
reasonable access to the user's premises for the purpose of inspection or monitoring, or for
violation of conditions of its permit, this chapter, or applicable state and federal regulations.
Noncompliant industrial users will be notified of the proposed termination of their wastewater
permit and be offered an opportunity to show cause, as outlined under this chapter, why the
proposed action should not be taken.
Section 11. Section 12-3-20 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-20. – Notification of violation.
Whenever the wastewater utility manager manager finds that any person has violated or is
violating this chapter, wastewater discharge permit, or any prohibition, limitation or requirement
contained herein, the wastewater utility manager manager may serve upon such person a written
notice stating the nature of the violation. Within a timeframe specified by the notice of violation,
not to exceed thirty days, ten days of from the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the city by the user. Submission of this plan in no way
relieves the user of liability for any violations occurring before or after receipt of the notice of
violation.
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Section 12. Section 12-3-22 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-22. – Consent orders.
The wastewater utility manager manager may enter into consent orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with the industrial
user responsible for the noncompliance. Such orders will include specific action to be taken by
the industrial user to correct the noncompliance within a time period also specified by the order.
Section 13. Section 12-3-23 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-23. – Cease and desist orders.
When the wastewater utility manager manager finds that an industrial user has violated, or
continues to violate, this chapter or any permit or order issued hereunder, the wastewater utility
manager manager may issue an order to cease and desist all such violations and direct those
persons in noncompliance to comply forthwith, and take such appropriate remedial or preventative
action as may be needed to properly address a continuing or threatened violation, including
halting operations and terminating the discharge.
Section 14. Section 12-3-24 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-24. – Administrative fines.
Any user who is found to have violated any provision of this chapter, or permits and orders
issued hereunder, may be fined in an amount not to exceed $1,000.00 per violation. Each day on
which noncompliance occurs or continues shall be deemed a separate and distinct violation. Such
assessments may be added to the user's next scheduled sewer service charge and the
wastewater utility manager manager shall have such other collection remedies as he has to collect
other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the
individual user's property. Industrial users desiring to dispute such fines must file a request for the
wastewater utility manager manager to reconsider the fine within ten days of being notified of the
fine. Where the wastewater utility manager manager believes a request has merit, he shall
convene a hearing on the matter within 15 days of receiving the request from the industrial user.
Section 15. Section 12-3-25 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-25. –Emergency suspensions.
(a) The wastewater utility manager manager may suspend the wastewater treatment service
and/or a wastewater discharge permit when such suspension is necessary, in the opinion of
the wastewater utility manager manager , in order to stop an actual or threatened discharge
which presents or may present an imminent or substantial endangerment to the health or
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welfare of persons, to the environment, or to the wastewater disposal system, or would cause
the city to violate any condition of its NPDES or state disposal system permit.
(b) Any user notified of a suspension of the wastewater treatment service and/or a wastewater
discharge permit shall immediately stop the discharge. In the event of a failure of the user to
comply voluntarily with the suspension order, the wastewater utility manager manager shall
take such steps as deemed necessary, including immediate severance of the sewer
connection, to prevent or minimize damage to the wastewater disposal system or
endangerment to any individuals. The wastewater utility manager manager shall reinstate
the wastewater discharge permit and/or the wastewater treatment service upon proof of the
elimination of the noncomplying discharge.
Section 16. Section 12-3-27 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-27. – Affirmative defenses.
(a) Any industrial user who experiences an upset in operations that places it in a temporary state
of noncompliance, which is not the result of operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation, shall inform the wastewater utility manager manager thereof immediately
upon becoming aware of the upset. Where such information is given orally, a written report
thereof shall be filed by the user within five days. The report shall contain a description of
the upset, its cause, and impact on the discharger's compliance status, the duration of
noncompliance, including exact dates and times of noncompliance, and if the noncompliance
is continuing, the time by which compliance is reasonably expected to be restored. An
industrial user who complies with the notification provisions of this section in a timely manner
shall have an affirmative defense to any enforcement action brought by the wastewater utility
manager manager for any noncompliance with this chapter, or an order or permit issued
hereunder by the user which arises out of violations attributable to and alleged to have
occurred during the period of the documented and verified upset.
(b) Treatment bypasses. A bypass of the treatment system is prohibited unless all of the
following conditions are met: the bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage, there was no feasible alternative to the bypass, including
the use of auxiliary treatment or retention of the wastewater, and the industrial user properly
notified the wastewater utility manager manager. Industrial users must provide immediate
notice to the wastewater utility manager manager upon discovery of an unanticipated
bypass. If necessary, the wastewater utility manager manager may require the industrial user
to submit a written report explaining the cause, nature and duration of the bypass, and the
steps being taken to prevent its recurrence. An industrial user may allow a bypass to occur
which does not cause pretreatment standards or requirements to be violated, but only if it is
for essential maintenance to ensure efficient operation of the treatment system. Industrial
users anticipating a bypass must submit notice to the wastewater utility manager manager
at least ten days in advance. The wastewater utility manager manager may only approve the
anticipated bypass if the circumstances satisfy those set forth above.
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Section 17. Section 12-3-28 of the Rochester Code of Ordinances is amended to read
as follows:
Sec. 12-3-28. –Variances.
With the exception of federal categorical pretreatment standards and requirements, upon the
written request of any person, the wastewater utility manager manager may grant a variance to
these rules or any permit issued thereunder. When such requests can show that there is no
economically or technologically feasible alternative to noncompliance, or is in the overall best
interests to the citizens of the city, and the variance will not cause any treatment plant upset, or
contamination of any biosolids and will not cause damage to the receiving waters and does not
present any danger to any person, such request shall be given approval. Any approval of such a
request will be in the form of a written response which may contain, and be contingent upon
meeting, certain conditions set forth by the wastewater utility manager manager.
Section 18. Paragraph 15 of Section 12-3-3 of the Rochester Code of Ordinances is
amended to read as follows:
Sec. 12-3-3. – General discharge prohibitions.
(15) Any trucked or liquid-hauled waste except as designated by the wastewater utility
manager manager.
Section 19. Paragraph (a) of Section 12-3-4 of the Rochester Code of Ordinances is
amended to read as follows:
Sec. 12-3-4. – Limitations on wastewater strength.
(a) Federal pretreatment standards. National Categorical Pretreatment Standards promulgated
by the U.S. Environmental Protection Agency (EPA) pursuant to the Act shall be met by all
users which are subject to such standards in any instance where they are more stringent
than the limitations in this chapter unless the wastewater utility manager manager has
applied for and obtained from the MPCA approval to modify the specific limits in the National
Categorical Pretreatment Standards. When requested, an application for modification of the
National Categorical Pretreatment Standards will be considered for submittal by the
wastewater utility manager manager when the wastewater treatment system achieves
consistent removal of the pollutants. The term "consistent removal," for purposes of this
section, means reduction in the amount of pollutant or alteration of the nature of a pollutant
which is in the influent to the wastewater treatment system to a less toxic or harmless state
by the time it is discharged in the effluent. The reduction or alteration must be achieved in
95 percent of the samples taken when measured according to the procedures set forth in 40
CFR 403.7(c)(2) of the General Pretreatment Regulations for Existing and New Sources of
Pollution.
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Section 20. Paragraphs (a), (b), and (c) of Section 12-3-10 of the Rochester Code of
Ordinances is amended to read as follows:
Sec. 12-3-10. – User reports.
(a) The wastewater utility manager manager may require that any person discharging, or
proposing to discharge, wastewater to the wastewater disposal system file a periodic
discharge report. The required information contained in the discharge report may include,
but not be limited to, nature of process, rates of flow, mass discharge rate, raw material and
production quantities, hours of operation, number and classification of employees,
compliance status with any state or federal pretreatment standards, or other information
which relates to the generation of waste, including wastewater constituents and
characteristics in the wastewater discharge. Such reports may also include the chemical
constituents and quantity of liquid or gaseous materials stored on-site, even though they may
not normally be discharged. At a minimum, a summary of such data indicating each industrial
user's compliance with this chapter shall be prepared semi-annually and submitted to the
wastewater utility manager manager. In cases where the wastewater utility manager
manager collects most of the industrial user data, the reporting requirement may be waived.
In addition to discharge reports, the wastewater utility manager manager may require
information in the form of wastewater discharge permit applications, self-monitoring reports,
and compliance schedules.
(b) Report on compliance with categorical pretreatment standards. Within 90 days following the
date for final compliance with applicable categorical pretreatment standards or, in the case
of a new source following commencement of the introduction of wastewater into the
municipal sewer system, any industrial user subject to categorical pretreatment standards
shall submit to the wastewater utility manager manager a report indicating the nature and
concentration of all pollutants in the discharge from the regulated process which are limited
by categorical pretreatment standards and the average and maximum daily flow for those
process units. Users must achieve compliance by this 90-day deadline.
(c) Subsequent to the filing of the initial compliance report, all significant industrial users shall
submit to the wastewater utility manager manager a report showing the results of effluent
monitoring for parameters as instructed by the wastewater utility manager manager.
Section 21. Paragraphs (a) and (c) of Section 12-3-13 of the Rochester Code of
Ordinances is amended to read as follows:
Sec. 12-3-13. – Monitoring facilities.
(a) When required by the wastewater utility manager manager, monitoring facilities to allow
inspection, sampling, and flow measurement of the building sewer and/or internal drainage
systems shall be provided and operated by industrial users. The monitoring facility should
normally be situated on the user's premises, but the wastewater utility manager manager
may, when such a location would be impractical or cause undue hardship on the user, allow
the facility to be constructed in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
(c) Whether constructed on public or private property, the sampling and monitoring facilities shall
be provided in accordance with the wastewater utility manager's manager’s requirements
and all applicable local construction standards and specifications. Construction shall be
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completed within 90 days following written notification by the wastewater utility manager
manager.
Section 22. Paragraph (a) of Section 12-3-21 of the Rochester Code of Ordinances is
amended to read as follows:
Sec. 12-3-21. – Show cause hearing.
(a) Notice of hearing. If the violation is not corrected by timely compliance, the wastewater utility
manager manager may order any user which causes or allows an unauthorized discharge to
show cause before the common council why the proposed enforcement action should not be
taken. A notice shall be served on the user specifying the time and place of a hearing to be
held by the common council regarding the violation, the reasons why the action is to be
taken, the proposed enforcement action, and directing the user to show cause before the
common council why the proposed enforcement action should not be taken. The notice of
the hearing shall be served personally or by registered or certified mail at least ten days
before the hearing. Service may be made on any agent or officer of a corporation. Whether
or not a duly notified industrial user appears as noticed, immediate enforcement action may
be pursued.
Section 23. This ordinance shall become effective from and after its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2021.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord20/12-3.SewageDischarge.docx
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