10597-18 Request for Amendment of Local Standard Regulations in the South Bend Municipal Code

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BILL NO. 23-18 ORDINANCE NO. 10597-18 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLE 2, DIVISION 3, SECTION 17-8 (f) TO REVISE LOCAL PRETREATMENT STANDARDS FOR THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT STATEMENT OF PURPOSE AND INTENT In order for the City of South Bend to discharge pollutants into the St. Joseph River as one of the "waters of the United States," the federal Clean Water Act of 1972 requires the City to possess a National Pollutant Discharge Elimination System (NPDES)Permit. As one condition of the City's maintenance of its NPDES Permit, the City is required by the federal Environmental Protection Agency (EPA) not less than every five years to review and update its Local Standards for general use of the public sewers and pretreatment of waste. These regulations are codified at Chapter 17, Article 2, Division 3, Section 17-8 of the South Bend Municipal Code. The City through its Division of Environmental Services has performed the requisite review and wishes to revise Section 17-8 (f) to add a Monthly Maximum Allowable Industrial Load (MAIL)requirement, distinguished from a Daily MAIL. The City's recommended revision of the Municipal Code is in compliance with federal law and is expected to be approved by the EPA. It is in the best interest of the City that this ordinance be adopted. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 17, Article 2, Division 3, Section 17-8(f) of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17-8—General purpose; prohibited discharges; discharge standards. (f) Local Standards. (1) The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c) to protect the objectives specified in Sec. 17-8(a). (2) The following pollutant limits are established to protect against Pass Through and Interference. No Significant Industrial User shall discharge wastewater in excess of the following daily maximum discharge limitations: [0.00019) mg/L total mercury. (3) The Director may, at the Director's sole discretion, implement local limits through allocation of the Daily Maximum Allowable Industrial Load (MAIL) and the Monthly MAIL to Significant Industrial Users. The Daily MAIL is the total daily loading of a pollutant available to be allocated to all Significant Industrial Users. The Monthly MAIL is the total loading of a pollutant available to be allocated to all Significant Industrial Users as a monthly average. The monthly y verage is calculated as the sum of the concentrations of all daily discharges measured during a calendar month divided by the number of daily discharges measured that month. Daily MAILs and Monthly MAILs for the following pollutants are hereby incorporated by reference: Arsenic c Cadmium