HomeMy WebLinkAboutOrdinance No. 4225 - AmendRCO76A.SewagePretreatment
AN ORDINANCE AMENDING AND REENACTING
CHAPTER 76A OF THE ROCHESTER CODE OF
ORDINANCES RELATING TO SEWAGE
PRETREATMENT.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 76A of the Rochester Code of Ordinances is hereby
created and enacted to read as follows:
76A. SEWAGE PRETREATMENT.
76A.01 Definitions. Subdivision 1. Unless the context specifically indicates
otherwise, the meaning of terms used in this ordinance shall be as follows:
Subd. 2. “Act” means the Federal Water Pollution Control Act (also
known as the Clean Water Act) as amended, 33 U.S.C. 1251 et seq.
Subd. 3. "Ammonia Nitrogen (NH-N)” means the quantity of nitrogen
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present in wastewater in the form of ammonia as measured by procedures
described in “Standard Methods.”
Subd. 4. “Carbonaceous Biochemical Oxygen Demand (CBOD)”
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means the quantity of oxygen utilized after five days in the biochemical oxidation of
organic matter present in wastewater as measured by procedures described in
“Standard Methods.”
Subd. 5. “City” means the City of Rochester, Minnesota or its
governing body, the Common Council of the City of Rochester.
Subd. 6. “City Engineer” means the Public Works Director or his or
her designee.
Subd. 7. “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.
Subd. 8. "Industrial Users” or “Industries" means a source that
introduces pollutants into the sanitary sewer from a non-domestic source regulated
under section 307(b)(c), or (d) of the Act.
Subd. 9. “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
includes prevention of sewage biosolids use or disposal by the City.
Subd. 10. “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.
Subd. 11. “Person” means any individual, firm, company, association,
society, corporation or group.
Subd. 12. “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.”
Subd. 13. “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.
Subd. 14. “Significant Industrial User” means any industrial user of the
City’s wastewater disposal system which:
A. Has a discharge subject to categorical pretreatment standards under
40 C.F.R. 403.6 and 40 C.F.R. Chapter I, subchapter N;
B. Discharges an average of 25,000 gallons per day or more of process
wastewater (excluding sanitary, noncontact cooling and boiler
blowdown wastewaters) to the wastewater disposal system or that
contributes process waste stream which makes up five percent or
more of the average dry weather hydraulic, CBOD, TSS, NH-N, or
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TP capacity of the Water Reclamation Plant; or
C. That that is designated as such by the City Engineer 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 City Engineer 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.
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Subd. 15. “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, of options are available
for a particular characteristic, the method as chosen by the Water Reclamation
Plant for analysis.
Subd. 16. “State Disposal System Permit” means a permit including any
terms, conditions and requirements thereof, issued by the MPCA pursuant to Minn.
Stat. §115.07 for a disposal system.
Subd. 17. “Storm Water” means any flow of water occurring during or
following any form of natural precipitation or which results therefrom.
Subd. 18. “Total Phosphorus (TP)” means all forms of phosphorus
present in wastewater as measured in procedures described in “Standard Method.”
Subd. 19. “Total Suspended Solids (TSS)” means the non-filterable
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.”
Subd. 20. “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.
Subd. 21. “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.”
Subd. 22. “User” means a person who discharges, or causes or permits
the discharge of, wastewater into the City’s wastewater disposal system.
Subd. 23. “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.
Subd. 24. “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,
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including intercepting sewers, outfall sewers, sewage collection system, 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.
Subd. 25. “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.
76A.02. Control by the City Engineer. The City Engineer 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
ordinance refers to the responsibilities or duties of the City Engineer, the City
Engineer is empowered to delegate an authorized representative.
76A.03. General Discharge Prohibitions. No user shall discharge or
cause to be discharged, directly or indirectly, any of the following described
substances into the wastewater disposal system or to any public sewer.
A. Any liquids, solids or gases which by reason of their nature or
quantity are, or may be, sufficient either alone or by interaction with
other substances to cause fire or explosion or be injurious in any
other way to the wastewater disposal system or to the operation of
the system. At no time shall pollutants with a closed cup flashpoint of
less than 140F be discharged to the sewer. At no time, shall two
successive readings on an explosion hazard meter, at the point of
discharge into the system or at any point in the system, be more than
five percent nor any single reading over ten percent of the Lower
Explosive Limit (LEL) of the meter. Prohibited materials include, but
are not limited to, gasoline, kerosene, naphtha, benzene, toluene,
xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides and sulfides.
B. Solid or viscous substances which will or may cause obstruction to
the flow in a sewer or other interference with the operation of the
wastewater treatment facilities including, but not limited to: grease,
garbage with particles greater than 1/2" in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
personal hygiene wipes or cleaning paper products that do not readily
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dissolve within two minutes, spent grains, spent hops, waste paper,
wood, plastic, gas tar, asphalt residues, residues from refining or
processing of fuel or lubricating oil, mud or glass grinding or polishing
wastes. Exceptions for some wastes, pursuant to section 76A.03 (p)
of this ordinance are allowed.
C. Any wastewater having a pH less than 5.0 or greater than 11.0, or
having any other corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of the wastewater
disposal system.
D. Any wastewater containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to injure or interfere with
any wastewater treatment process, constitute a hazard to humans or
animals, or create a toxic effect in the receiving waters or the
wastewater disposal system.
E. Any noxious or malodorous liquids, gases, or solids which either
singly or by interaction with other wastes are capable of creating a
public nuisance or hazard to life or are sufficient to prevent entry into
the sewers for their maintenance and repair.
F. Any substance which may cause the wastewater disposal system's
effluent or any other product of the wastewater treatment process
such as residues, biosolids, or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process. In
no case, shall a substance discharged to the wastewater disposal
system cause the system to be in noncompliance with biosolids use
or disposal criteria of the State.
G. Any substance which will cause the wastewater disposal system to
violate its NPDES and/or State Disposal System Permit or the
receiving water quality standards.
H. Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable
tanning solutions.
I. Any wastewater which creates conditions at or near the wastewater
disposal system which violates any statute or any rule, regulation or
ordinance of any public agency or state or federal regulatory body.
J. Any wastewater having a temperature greater than 150F (65.6C),
or causing, individually or in combination with other wastewater, the
influent at the wastewater treatment plant to have a temperature
exceeding 104F.
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K. Any slug load, which shall mean any pollutant, including but not
limited to CBOD, TSS, NHN, TP, high or low pH, etc., released in a
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discharge of such volume or strength as to cause interference in the
wastewater disposal system. In no case shall a slug load have a flow
rate or contain concentration or quantities of pollutants that exceed
for any time period longer than 15 minutes more than five times the
average 24 hour concentration, quantities, or flow. The Water
Reclamation Plant must be notified immediately in the event of any
slug load accidentally discharged or any other discharge that has the
potential, either singly or in combination with other wastewater, to
cause interference with the wastewater disposal system's process.
L. Any wastewater containing fats, oils or grease, whether emulsified or
not, in excess of 100 mg/l or containing substances which may
solidify or become viscous at temperatures between 32F and 150F
(0C and 65.6C); and any wastewater containing oil and grease
concentrations of mineral origin of greater than 25 mg/l, whether
emulsified or not.
M. Wastewater containing inert suspended solids (such as, but not
limited to, Fullers earth, lime slurries, and lime residues) or of
dissolved solids (such as, but not limited to, sodium chloride and
sodium sulfate) in such quantities that they would cause interference
with the wastewater disposal system.
N. Wastewater containing hexavalent chromium. Any industrial
discharger producing waste containing hexavalent chromium shall
provide pretreatment facilities which will effectively reduce the
chromium to the trivalent state. Dischargers will also be subject to
appropriate limitations on total chromium discharges to the municipal
wastewater collection system.
O. Any trucked or liquid hauled waste except as designated by the City
Engineer.
P. Any medical wastes, except as provided for in an acceptable
infectious waste management plan in compliance with the Minnesota
Pollution control Agency, pursuant to Minnesota Statutes.
Q. Any discharge, which if otherwise disposed of would be considered a
listed or characteristic hazardous waste under 40 CFR part 261,
unless approved by the Water Reclamation Plant. Notification of
such discharges must be made in writing and receive approval prior
to discharge.
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76A.04. Limitations on Wastewater Strength. Subdivision 1.
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 City
Engineer 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 City Engineer when the
wastewater treatment system achieves consistent removal of the pollutants.
"Consistent removal" for purposes of this section shall mean 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% 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.”
Subd. 2. State Requirements. State requirements and limitations on
discharges shall be met by all users which are subject to such standards in any
instance in which they are more stringent than federal requirements and limitations
or those in this chapter.
76A.05. City’s Right of Revision. The City reserves the right to
establish by ordinance more stringent limitations or requirements on discharges to
the wastewater disposal system.
76A.06. Dilution. No user shall increase the use of process water or,
in any way, attempt to dilute a discharge as a partial or complete substitute for
adequate treatment to achieve compliance with the limitations contained herein,
contained in the National Categorical Pretreatment Standards, or contained in any
state requirements.
76A.07. Local Limitations. No person shall discharge wastewater
containing the following described elements or compounds in excess of the
following concentrations:
Arsenic ---------------------0.14 mg/l
Cadmium ------------------0.26 mg/l
Copper ---------------------1.0 mg/l
Cyanide ------------------- 0.65 mg/l
Lead ----------------------- 0.43 mg/l
Mercury --------------------0.009 mg/l
Molybdenum ------------ 1.43 mg/l
Nickel --------------------- 2.38 mg/l
Silver ---------------------- 0.24 mg/l
Chromium ----------------1.71 mg/l
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Zinc ------------------------ 1.48 mg/l
Selenium ----------------- 0.44 mg/l
Methylene Chloride --- 1.00 mg/l
Total Toxic Organics -- 2.13 mg/l
76A.08. 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 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 City Engineer for review and shall
be approved by the City Engineer 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.
76A.09. Charges and Fees. Subdivision 1. It is the purpose of this
ordinance to provide for the recovery of costs from users of the City's wastewater
disposal system for the implementation of the program established herein. The
applicable charges or fees shall be set forth in the City's Schedule of Charges and
Fees which will be adopted by Resolution and modified from time to time.
Subd. 2. Charges and fees may include:
A. Fees for monitoring, sampling, inspections and surveillance
procedures;
B. Fees for permit applications;
C. Appeal fees; and,
D. Such other fees as the City may deem necessary to carry out the
requirements contained herein.
76A.10. User Reports. Subdivision 1. The City Engineer 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
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prepared semi-annually and submitted to the City Engineer. In cases where the
WRP collects most of the industrial user data the reporting requirement may be
waived. In addition to discharge reports, the City Engineer may require information
in the form of Wastewater Discharge Permit applications, self-monitoring reports,
and compliance schedules.
Subd. 2. 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 City Engineer 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.
Subd. 3. Subsequent to the filing of the initial compliance report, all
significant industrial users shall submit to the City Engineer a report showing the
results of effluent monitoring for parameters as instructed by the City Engineer.
Subd. 4. Baseline Monitoring Report. Current users who are or
become subject to National Categorical Pretreatment Standards and new users
shall be required to submit a Baseline Monitoring Report (BMR). The report shall be
submitted at least 90 days prior to commencement of discharge for new users and
within 180 days of promulgation of the applicable National Categorical Pretreatment
Standard for existing users. The BMR shall contain the following information:
A. The name and address of facility including the names and addresses
of owners and operators;
B. A list of any environmental control permits held by or for the facility;
C. A brief description of the nature, average rate of production, and
Standard Industrial Classification of the operation(s) carried out by
such Industrial User. This description should include a schematic
process diagram which indicates points of discharge to the
wastewater treatment facility from the regulated processes;
D. Information showing the measured average daily and maximum daily
flow, in gallons per day;
E. The results of sampling and analysis identifying the nature and
concentration of regulated pollutants in the discharge. Both daily
maximum and average concentration shall be reported. The sample
shall be representative of daily operations;
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F. A statement indicating whether or not Pretreatment Standards are
being met on a consistent basis, and if not what changes will be
made to gain compliance;
G. If additional measures are required a schedule showing when
compliance will be achieved;
76A.11. Hazardous Waste Discharges. Industrial users must notify
the WRP, 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 part 261 hazardous waste. Notifications must be
made and approved prior to discharge.
76A.12. Wastewater Discharge Permits. Subdivision 1. 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 this Ordinance.
Subd. 2. Permit Application. Users required to obtain a Wastewater
Discharge Permit shall complete and file with the WRP Manager, an application in
the form prescribed by the WRP Manager, and accompanied by a fee of $100.
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:
A. Name, address, and location, (if different from the address).
B. SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
C. Wastewater constituents and characteristics including but not limited
to those limited by the "Limitations on Wastewater Strength" section
of this chapter 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, Part 13b, as amended.
D. Time and duration of discharge.
E. Average daily and 30 minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
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F. Site plans floor plans, mechanical and plumbing plans and details to
show all sewers, sewer connections, and appurtenances by the size,
location and elevation.
G. Description of activities, facilities and plant processes on the
premises including all materials which are or could be discharged.
H. 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.
I. Each product produced by type, amount, and rate of production.
J. Type and amount of raw materials processed (average and
maximum per day).
K. Number of full and part time employees, and hours of work.
L. Any other information as may be deemed by the WRP Manager to be
necessary to evaluate the permit application.
Subd. 3. The WRP Manager will evaluate the data furnished by the
user and may require additional information. After evaluation and
acceptance of the data furnished, the WRP Manager may issue a
Wastewater Discharge Permit subject to terms and conditions provided
herein.
Subd. 4. 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:
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A. The unit charge or schedule of user charges and fees for the
wastewater to be discharged to the wastewater disposal system.
B. Limits on the average and maximum wastewater constituents and
characteristics.
C. Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization.
D. Requirements for installation and maintenance of inspection and
sampling facilities.
E. Requirements for installation, operation, and maintenance of
pretreatment facilities.
F. Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, number, types and
standards for tests and reporting schedule.
G. Compliance schedules.
H. Requirements for submission of technical reports or discharge
reports.
I. Requirements for maintaining and retaining plant records relating to
wastewater discharge as specified by the City Engineer, and
affording the City Engineer access thereto.
J. Requirements for notification to the City Engineer 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.
K. Requirements for notification of slug discharges.
L. Other conditions as deemed appropriate by the City to ensure
compliance with this chapter.
Subd. 5. 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 WRP 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
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changes in his 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 77, 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 WRP 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.
Subd. 6. 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 WRP Manager. Any
succeeding owner or user shall also comply with the terms and conditions of the
existing permit.
76A.13. Monitoring Facilities. Subdivision 1. When required by the
WRP 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 WRP 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.
Subd. 2. There shall be ample room in or near such sampling manhole
or facility to allow accurate sampling and compositing of samples for analysis. The
facility, sampling, and measuring equipment shall be maintained at all times in a
safe and proper operating condition at the expense of the user.
Subd. 3. Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in accordance with the WRP
Manager’s requirements and all applicable local construction standards and
specifications. Construction shall be completed within 90 days following written
notification by the WRP Manager.
76A.14. Inspection and Sampling. The WRP 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
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premises where wastewater is created or discharged shall allow the WRP 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 WRP 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,
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 WRP
Manager, MPCA and EPA will be permitted to enter, without delay, for the purposes
of performing their specific responsibilities.
76A.15. Pretreatment. Subdivision 1. 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 WRP 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 WRP
Manager for review, and shall be acceptable to the WRP 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 WRP 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 WRP Manager
prior to the user's initiation of the changes.
Subd. 2. All records relating to compliance with pretreatment standards
shall be made available by the WRP Manager to officials of the EPA or MPCA upon
request.
76A.16. Confidential Information. Subdivision 1. 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 City Engineer 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. Stat. §13.37, subd. 1(b).
Subd. 2. 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,
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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.
76A.17. Sludges Generated. Sludges, floats, skimmings, or other
similar by-products generated by an industrial or commercial pretreatment system
shall not be placed into the sanitary sewer system. Such sludges shall be
contained, transported, and disposed of by haulers in accordance with all federal,
state, and local regulations.
76A.18. Slug or Accidental Discharges. Subdivision 1. Users shall
notify the WRP 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 WRP 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.
Subd. 2. The WRP 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).
Subd. 3. 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 WRP Manager within 15 days of
the date of occurrence.
76A.19. Revocation of Permit.The City Engineer may revoke the
permit of any user which fails to factually report the wastewater constituents and
characteristics of his 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.
Non-compliant 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 Ordinance, why the proposed action should not be taken
.
76A.20. Notification of Violation. Whenever the City Engineer finds
that any person has violated or is violating this Ordinance, Wastewater Discharge
Permit, or any prohibition, limitation or requirement contained herein, the City
Engineer may serve upon such person a written notice stating the nature of the
violation. Within ten days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the City by the user. Submission of this
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plan in no way relieves the user of liability for any violations occurring before or
after receipt of the Notice of Violation.
76A.21. Show Cause Hearing. Subdivision 1. Notice of Hearing. If
the violation is not corrected by timely compliance, the City Engineer 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.
Subd. 2. The Common Council may itself conduct the hearing and take
the evidence, or may designate any of its members or any officer or employee of
the City to:
A. Issue in the name of the Common Council a notice of hearing
requesting the attendance and testimony of a witness and the
production of evidence relevant to any matter involved in such
hearing;
B. Take the evidence; and
C. Transmit a report of the evidence and hearing, including a transcript
thereof and other evidence, together with recommendations to the
Common Council for action thereon.
Subd. 3. Transcripts. At any hearing held pursuant to this chapter,
testimony taken must be under oath and recorded stenographically. The
transcript, so recorded, will be made available to any member of the public
or any party to the hearing upon payment of the usual charges therefore.
Subd. 4. Compliance Orders. After the Common Council has reviewed
the evidence, it may issue an order to the user responsible for the discharge
directing that, following a specified time period, the sewer service be
discontinued unless adequate treatment facilities, devices or other related
appurtenances shall have been installed or existing treatment facilities,
devices or other related appurtenances are properly operated. Orders may
also contain such other requirements as might be reasonably necessary and
appropriate to address the noncompliance, including the installation of
pretreatment technology, additional self-monitoring, and management
practices.
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76A.22. Consent Orders. The City Engineer may enter in to 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.
76A.23. Cease and Desist Orders. When the City Engineer finds that
an industrial user has violated or continues to violate this Ordinance or any permit
or order issued hereunder, the City Engineer 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.
76A.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 City Engineer 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 City Engineer to reconsider the fine
within 10 days of being notified of the fine. Where the City Engineer believes a
request has merit, he shall convene a hearing on the matter within 15 days of
receiving the request from the industrial user.
76A.25. Emergency Suspensions. Subdivision 1. The City Engineer
may suspend the wastewater treatment service and/or a Wastewater Discharge
Permit when such suspension is necessary, in the opinion of the City Engineer, in
order to stop an actual or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or 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.
Subd. 2. 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 City Engineer 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 City Engineer shall reinstate the Wastewater Discharge Permit and/or the
wastewater treatment service upon proof of the elimination of the noncomplying
discharge.
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76A.26. Judicial Remedies. Subdivision 1. If any person discharges
sewage, industrial wastes, or other wastes into the wastewater disposal system
contrary to the provisions of this chapter or any permit issued hereunder, the City
Attorney may commence an action for appropriate legal and/or equitable relief.
Subd. 2. Injunctive relief. Whenever an industrial user has violated or
continues to violate the provisions of this chapter or permit or order issued
hereunder, the Common Council may direct the City Attorney to seek a preliminary
or permanent injunction or both (as may be appropriate) which restrains or compels
the activities on the part of the industrial user.
Subd. 3. Civil Penalties. Any industrial use who has violated or
continues to violate this chapter or any permit or order issued hereunder, shall be
liable to the City for the maximum civil penalty allowed by Minnesota State law, plus
actual damages incurred by the Water Reclamation Plant per violation per day for
as long as the violation continues. In addition to the above described penalty and
damages, the City may recover reasonable attorney's fees, court costs, and other
expenses associated with the enforcement activities, including sampling and
monitoring expenses. The City Attorney shall petition the Court to Impose, asses,
and recover such sums. In determining the amount of liability, the Court shall take
into account all relevant circumstances, including, but not limited to, the extent of
harm caused by the violation, the magnitude and duration, any economic benefit
gained through the industrial user's violation, corrective actions by the industrial
user, the compliance history of the user, and any other factor as justice requires.
Subd. 4. Criminal Prosecution. Any industrial user who willfully or
negligently violates any provision of this chapter or any orders or permits issued
hereunder shall, upon conviction, be guilty of a misdemeanor.
76A.27. Affirmative Defenses. Subdivision 1. 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 City Engineer 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 City Engineer 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.
18
Subd. 2. 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 City Engineer. Industrial users must provide immediate notice to the City
Engineer upon discovery of an unanticipated bypass. If necessary, the City
Engineer 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 City Engineer at least ten days in
advance. The City Engineer may only approve the anticipated bypass if the
circumstances satisfy those set forth above.
76A.28. Variances. With the exception of Federal categorical
pretreatment standards and requirements, upon the written request of any person,
the City Engineer 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 Rochester 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 or persons, 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 City Engineer.
76A.29. Annual Publication. A list of persons who were in significantly
noncompliance with applicable pretreatment requirements, or National Categorical
Pretreatment Standards during the twelve previous months, shall be annually
published by the City in a local newspaper. Significant noncompliance is defined by
40 CFR 403.8 (f) (2) (vii).
76A.30. Falsifying Information. No person shall knowingly make any
false statements, representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant to this chapter
or Wastewater Discharge Permit. No person shall tamper with or knowingly render
inaccurate any monitoring device or method required under this chapter.
76A.31. Conflict. Any other ordinance or parts thereof inconsistent or
conflicting with any part of this chapter is repealed to the extent of such
inconsistency or conflict.
Section 2. This ordinance shall be effective upon the date of its
publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY
OF ROCHESTER, MINNESOTA, THIS _____ DAY OF _____________, 2016.
____________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2016.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/76A
20
AN ORDINANCE AMENrAFFIDAVIT-
B ..
F PUBLICATIO
IN AND REENACTING
CHAPTER 76A OF THE
ROCHESTER CODE RELAT State of Minnesota, County of Olmsted
ING TO SEWAGE PRE-
TREATMENT,
The following is a surra- Lisa Schell, being) duly sworn, on oath that she is the publisher or authorized
mea of the Sewage Pae- agent and employee of the publisher of the newspaper known as the Post-
adopted Ordinance by the Roches- Bulletin, and has full knowledge of the facts which are stated below:
ter Common Council on
February 1, 2016, and Is
pui7l6.07 ptrt'suant 10 See-
top, The newspaper has com lied with all the requirements constituting
tn 6.07 of he Rochester ) p q g
Horne Rule Charter ,,10 qualifications as a legal newspaper, as provided b Minnesota Statute
Seddon�31A.a1,suhd„14 � � p �
of the Minnesota statutes, 331A.02, 331A.07 and other applicable laws, as amended.
The Rochester Common
Council approved the pub- ,
lication of this ordiminoe �B The printed notice
summary at,its February
1,2016, meeting. A co�y
of this ordinance is on'tile
at the office of the City Which is attached was cut from the columns of said newspaper„ and was
Clerk,Room Fourth Street printed and published 1 times p p g
s,E,„ Room 1�6, Roclios- p p Z )„ it was printed and published on the.fplllowin
ter, MN, and at the Roch-
ester Public Library, 101
Second street S,E„ RochM 02/0612016
aster,MN,
This ordinance regulates IPB 02/06/2016
the manner In whfah ee w-
ago Is pretreated before
it enters the City's sewer'
system Printed below is a copy of the, lower case alphabet from a to z, both inclusive,
EtDSSED- BY THEucND Oi N which is hereby acknowledged as being the size and kind of type used in the
COUNCILOF THE CITY
OF ROCHESTER, MIN- composition and publication of the notice:
NEoTA, THIS 1st DAY
OF February,2x716.Randy StaverabcdefgHjklmnopgrst v��/z'
COMMON COUNCIL BY:, � P ��L.L. ,
PRESIDENT of SAlf PC7T- I JLLE C ltd) y
ATTEST: \,
IS/Aaron S.soaves
CITY CLERK<
APPROVED THIS 4th DAY TITLE: Media Inside Sales Manager
OF February,2016,
IS/Ardell F.February.,
MAYOR City Subscribe and sworn t I an
tsaal of the ci of .�' � me on WEAN BUM ITT
Rochester,Minnesota) ThisThis da � of L� 2N °' NOTARY PUBLIC,-MINNESOTA
„ . ` M y Comm.Exp,Jan.31,2020
�
Nr tat Public
DATE INFORMATION
1) Lowest classified rate paid by commercial user $21.95
For comparable space (per inch/per day/display rate)
2) Publication Fee $112.42
Ad#f 161274:ORDINANCE NO.4225 AN ORDINANCE AMEN
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