HomeMy WebLinkAboutGranting Preliminary Approval to a Proposed Ordinance Amending Chapter 17 Pursuant to Recommendation of United State Enviromental Protection AgencyAttes
RESOLUTION
4319 -14
Passed by the Common Council of the City of South Bend, Indiana
February 10,
14
20 .
February 11, 20 14
City Clerk
dent of Common Council
Approved and signed by me - 201L.
City Clerk
RESOLUTION NO. {'t 3 � �—
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, GRANTING
PRELIMINARY APPROVAL TO A PROPOSED ORDINANCE
AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH
BEND MUNICIPAL CODE PURSUANT TO RECOMMENDATION OF
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
(EPA)
WHEREAS, the South Bend Common Council substantially revised and
amended Chapter 17, Article 2 of the South Bend Municipal Code by passing Ordinance No.
10095 -11 on June 6, 2011, to conform to the federal Model Pretreatment Ordinance published
in 2007 by the federal Environmental Protection Agency (EPA); and
WHEREAS, in accordance with EPA requirements, the City of South Bend has
performed an evaluation of its limitations on chemical pollutants to determine if they adequately
protect the Wastewater Treatment Plant and the St. Joseph River, and has determined after EPA
review, that certain pollutant limitations require revision. Therefore, amendments to Chapter 17,
Article 2, Division 3 of the South Bend Municipal Code are necessary; and
WHEREAS, a proposed ordinance amending Chapter 17, Article 2, Division 3 of
the South Bend Municipal Code is attached hereto as Exhibit A which contains the changes in
pollution limitations, and certain minor changes; and
WHEREAS, the EPA has the power of final review and approval of any local
government law or ordinance which incorporates the requirements of the federal Clean Water
Act, 33 United States Code Section 1251 et seq., and the Clean Water Act's General
Pretreatment Regulations, Title 40, Code of Federal Regulations [CFR] Part 403, but the EPA
will not give its final approval until such an ordinance is approved by the City's legislative body;
and
WHEREAS, the Common Council of the City is the legislative body of the City
of South Bend and now desires to preliminarily approve the proposed ordinance in order to
permit the EPA to proceed with its own approval process including a period of 30 days for public
comment, after which the Common Council will formally enact the attached ordinance;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of South Bend, Indiana, as follows:
I . The proposed ordinance amending Chapter 17, Article 2, Division 3 of the
South Bend Municipal Code attached hereto as Exhibit A is hereby approved preliminarily.
2. Subject to public notice and a period of thirty days (30) to receive public
comment; subject further to compliance with any other requirement of the EPA, and upon the
EPA's final review and approval of the proposed attached ordinance, the South Bend Common
Council will formally adopt and pass the attached ordinance pursuant to its rules of procedure.
3. This Resolution shall be in full force and effect from and after its
adoption by the Common Council of the City.
PASSED AND ADOPTED by the Common Council of the City of South Bend,
Indiana, this l0� day of 2014.
City Clerk
PRESENTED
NOT APPROmm,
ADQP ?a12:
RL'od iti i
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
14 -09 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, GRANTING
PRELIMINARY APPROVAL TO A PROPOSED
ORDINANCE AMENDING CHAPTER 17, ARTICLE 2,
DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE
PURSUANT TO RECOMMENDATION OF THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY
(EPA)
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
This bill was heard by the Utilities Committee.
Valerie Schey
Chairperson,. Committee of the Whole
Exhibit A
(Proposed Ordinance Amending Chapter 17, Article 2, Division 3 of the South Bend Municipal
Code)
(Proposed)
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH
BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION
AGENCY (EPA)'S RECOMMENDATIONS
STATEMENT OF PURPOSE AND INTENT
On June 6, 2011 the South Bend Common Council substantially revised and amended
Chapter 17, Article 2, of the South Bend Municipal Code, Ordinance # 10095 -11, to conform to
the federal Model Pretreatment Ordinance published in January 2007 by the United States
Environmental Protection Agency (EPA) Office of Wastewater Management. At the time of its
adoption by the Common Council, Ordinance #10095 -11 enabled South Bend to comply fully
with all applicable State and Federal laws, including the Clean Water Act (33 United States Code
§ 1251 e1 sea.) and the General Pretreatment Regulations (Title 40, Code of Federal Regulations
[CFR] Part 403. It also protected South Bend's water treatment processes and it enabled South
Bend to proceed with its National Pollutant Discharge Elimination System (NPDES) permit
conditions, as well as any other State and Federal laws to which a publicly owned wastewater
treatment works is subject.
The EPA requires South Bend to review periodically the chemical limitations of certain
pollutants related to the Industrial Treatment Program to determine if they adequately protect the
Wastewater Treatment Plant and the St. Joseph River. South Bend recently completed such an
evaluation, which resulted in new limits that must be included in South Bend's ordinance. It is
also necessary that the Municipal Code be amended to correct certain non - substantive errors and
to make other minor changes. The substantive changes in this ordinance are subject to approval
by the EPA which has reviewed the ordinance and found it to be acceptable.
l;,141YSI -F q
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, that various sections of Chapter 17, Article 2, Division 3 shall be
amended to read as follows:
SECTION I. Chapter 17, Article 2, Division 3, Subsection 17 -8(c), Subparts (14) and (17), and
Subsection 17 -8 (f) of the South Bend Municipal Code shall be amended to read as follows:
Sec. 17 -8. General purpose; prohibited discharges; discharge standards
(c) Specific prohibitions. No User shall introduce or cause to be introduced
certain pollutants, substances, or wastewater into any public sewers or directly or
indirectly into the POTW. Those pollutants, substances or wastewater prohibited
by this subsection shall not be processed or stored in such a manner that they
could be discharged to the POTW. The following described pollutants are
expressly prohibited:
(14) Any waters or wastes having a pH lower than 6.0, any waters or
wastes having a pH in excess of 11.0, or having any corrosive property
capable of causing damage or hazard to structures, equipment, or
personnel of the publicly owned treatment works, or that interferes with
any treatment process. Notwithstanding this provision, New Energy
Gerp., shall users may be authorized to discharge at a pH in excess of 11.0
but not to exceed 12.0 in keeping with its odor abatement efforts. Such
authorization will be specified in the user's wastewater discharge permit.
(17) Medical Wwastes, emeept as speeifieally authorized by the Direeter
that are not amenable to treatment that cause Pass Through or
Interference that may contribute to blockages in the collection system, or
that create a hazard to POTW workers. The Director may require that a
wastewater discharge permit be obtained in order to discharge certain
medical wastes.
2
(f) Local Standards.
(1) The Director is authorized to establish ILocal Limits pursuant to 40
CFR 403.5(c).
(2) The following pollutant limits are established to protect against Pass
Through and Interference. These lifnitatiens . • be applied as eithe
instantaneous limii„tien or daily mffldiBum limitations. No person
Significant Industrial User shall discharge wastewater eefining in excess
of the following daily maximum discharge limitations: j0.00019) mg/l,
total mercury.
(3) The Director may, at the Director's sole discretion, implement local
limits through allocation of the Maximum Allowable Industrial Load
(MAIL ) to Significant Industrial Users. The MAIL is the total daily
loading of a pollutant available to be allocated to all Significant Industrial
Users. MAILs for the following pollutants are hereby incoKporated by
reference:
E00.3]mWl-a- Arsenic
E 0..3] mg4-c Cadmium
F7.51 mg4 -c Chromium
[lam] :glz Copper
E 1.5] mg4-c Cyanide
�1.6] nag -1 Lead-
0.1]
r r mgA-m Mercury
1.9] mg -n Nickel
X1.8] mg4-s Silver
�3,4] mgq-z Zinc
4) Significant Industrial Users shall not discharge pollutants in excess of
background concentrations, unless specifically authorized by a pollutant
allocation in an industrial wastewater discharge permit. Sample results
reported as being less than a specific reporting limit may be considered to
be less than background concentrations. Background concentrations, or
domestic sewage concentrations used to develop MAILs are incoroorated
by reference.
SECTION II. Chapter 17, Article 2, Division 3, Section 17 -10, Subparts 17 -10 (k)(1), (n)(4),
(p)(1), (p)(2)(b), and (w)(4) of the South Bend Municipal Code shall be amended to read as
follows:
Sec. 17 -10. Pretreatment of industrial wastewater and permits for wastewater
discharge, Board of Works powers.
(k) Permit Appeals.
(1) An administrative appeal from any terms of an individual wastewater
discharge permit issued under this Section shall be made pursuant to
Section 17 -1(e) (d)of this Division, but the effectiveness of the individual
wastewater discharge permit shall not be stayed pending the administrative
appeal.
(n) Individual Wastewater Discharge Permit Cessation, Revocation, Transfer,
Reissuance.
(4) The Director may revoke an individual wastewater discharge permit
for good cause, which shall be subject to appeal under Section 17- 11(e)w)
of this Division, but the effectiveness of revocation shall not be stayed
pending administrative appeal. Reasons for permit revocation by the
Director include but are not limited to the following:
(p) General Standards for Reports
(1) Analytical Requirements
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or report
shall be performed in accordance with the techniques prescribed in 40
CFR Part 136 and amendments thereto, unless otherwise specified in an
0
applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not
contain sampling or analytical techniques for the pollutant in question, or
where the EPA determines that the Part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and
analyses shall be performed by using validated analytical methods or any
other applicable sampling and analytical procedures, including procedures
suggested by the Director or other parties approved by EPA.The Director
may require more sensitive analysis if reported pollutant concentrations
are not sufficient to determine compliance with Pretreatment Standards or
to determine if such Standards are necessary.
(2) Sample Collection
b. Except as indicated in Sections 3 c and -4— d below, the
User must collect samples using 24 -hour flow proportional
composite sampling techniques unless time - proportional composite
sampling or grab sampling is authorized by the Director. Where
time - proportional composite sampling or grab sampling is
authorized by the Director, the samples must be representative of
the discharge. Using «_eteeeln including appropriate « .mien)
speeified in 40 CCU Un..t 136 and appropriate EPA .idanee
s
multiple grab samples nellente.l during n 24 1.....,. period .« , be
eempesited prier t,, laber-ntei=y analysis as F Ilews f r e niA
total pheneln e and su .hides the samples may be a sited in the
labor- ater., or in the Aejd5 F .- volatile .. ti ..ds and oil
0
and grease, then «le..... y ben sited in the laberater., grab
Limits.
(w) Bypass
(4) Bypass Prohibition
(b) The Director may approve an anticipated bypass, after
F
considering its adverse effects, if the Director determines that it
will meet the three conditions listed in pafagr ph 'a "" of this
Seetien 17 (a)(i) through (iii) above.
SECTION III. Chapter 17, Article 2, Division 3, Section 17 -11, Subparts (a)(7), (c), (d)(1) and
(d)(2) of the South Bend Municipal Code shall be amended to read in its entirety as follows:
Sec. 17 -11. Administrative Enforcement Remedies, Costs, Fees, Director
Reconsideration, User Appeals, Judicial Review.
(a) Administrative Enforcement Remedies.
(7) Termination of Discharge
In addition to the provisions in Subsection (n)(4) "Revocation of Permits"
of this Section 17 -10, any User who violates the following conditions is
subject to discharge termination:
(i) Violation of individual wastewater discharge permit conditions;
(ii) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(iii) Failure to report significant changes in operations or
wastewater volume, constituents, and characteristics prior to
discharge;
(iv) Refusal of reasonable access to the User's premises for the
purpose of inspection, monitoring, or sampling; or
(v) Violation of the Pretreatment Standards in Section 17 -8 of this
Article.
Such User will be notified of the proposed termination of its discharge and
be offered an opportunity to show cause under this SubSsection 17 -11(e)
{a)(3) why the proposed action should not be taken. Exercise of this
option by the Director shall not be a bar to, or a prerequisite for, taking any
other action against the User.
no
(c) Administrative Fec�Fines
(d) Director Reconsideration and User Administrative Appeals
(1) Actions Subject to Director Reconsideration and/or Board of Works
Appeal. Any User aggrieved by a final action delegated to the Director
under:
(a) SubSsection 17- 10(a)(2) requiring a User to restrict the
volume or point of discharge;
(b) Subgsection 17- 10(a)(3) requiring a User to install a storage
or flow - control facility;
(c) Subgsection 17- 10(a)(2) denying a permit transfer; or
(d) Subgsection 17- 10(n)(4) revoking a permit.
(e) This Section 17 -11, subsection (a), issuing any authorized
Administrative Enforcement Remedy.
(fl Subsection 17 -10(i) Wastewater Discharge Permit Issuance
(g) Section 17 -13 Supplemental Enforcement Action
may request reconsideration by the Director within fifteen (15)
days of such Director action, and the Director shall have thirty (30)
days from receipt of request to make a decision related to
reconsideration. If the Director fails to act within thirty (30) days
from receipt of the request, or if the Director's reconsideration
decision is unsatisfactory to the User requesting reconsideration,
the User may appeal such decision to the Board of Public Works
upon submission of a written petition for review filed with the
Board of Public Works within seven (7) days after notification of
the Director's decision, or if the Director fails to act, then the
written petition for review shall be filed with the Board of Public
Works thirty-five (35) days the date of request for Director
7
reconsideration.
(2) Filing Requirements and Procedure
(b) A request for Director reconsideration and a petition for
appeal shall be deemed timely filed if delivered in person to the
Director's office in the case of a request for reconsideration or the
Board's office in the case of petition for appeal, or or by eleetrenie
transmissien; or if sent by mail, it is post- marked on or before the
fifteenth (15'') day in the case of a request for Director
reconsideration, or within seven (7) or thirty-five 35Lys in case
of a petition to the Board for appeal as described in above
Subsection 17- 11(d)(1).
SECTION IV. Chapter 17, Division 3, Section 17 -13 subparts (a) and (g) of the South Bend
Municipal Code shall be amended to read as follows:
Sec. 17 -13. Supplemental Enforcement Action
(a) Penalties for Late Reports
A penalty of two hundred fifty dollars ($250.00) may be assessed to any
User for each day that a report required by this Division, a report required by a
permit or order issued hereunder is late._A report that is incomplete may be
considered to be a late report. Actions taken by the Director to collect late
reporting penalties shall not limit the Director's authority to initiate other
enforcement actions that may include penalties for late reporting violations.
(g) Administrative Appeal.
Appeal of Director action under subparts (a) through (d) of this Section 17-
13 is subject to the terms of Section 17 -11(o (d)of this Division specifying
Director reconsideration and/ or administrative appeal. Appeal of a termination of
water service under subpart (e) of this Section shall be subject to judicial review
under Section 17 -1 l(d) Hof this Division.
SECTION V. —This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2 , at o'clock m.
City Clerk
Approved and signed by me on the day of , 2 ,
at o'clock, .m.
Mayor, City of South Bend, Indiana
(Proposed)
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH
BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION
AGENCY (EPA)'S RECOMMENDATIONS
STATEMENT OF PURPOSE AND INTENT
On June 6, 2011 the South Bend Common Council substantially revised and amended
Chapter 17, Article 2, of the South Bend Municipal Code, Ordinance # 10095 -11, to conform to
the federal Model Pretreatment Ordinance published in January 2007 by the United States
Environmental Protection Agency (EPA) Office of Wastewater Management. At the time of its
adoption by the Common Council, Ordinance #10095 -11 enabled South Bend to comply fully
with all applicable State and Federal laws, including the Clean Water Act (33 United States Code
§ 1251 et sea.) and the General Pretreatment Regulations (Title 40, Code of Federal Regulations
[CFR] Part 403. It also protected South Bend's water treatment processes and it enabled South
Bend to proceed with its National Pollutant Discharge Elimination System (NPDES) permit
conditions, as well as any other State and Federal laws to which a publicly owned wastewater
treatment works is subject.
The EPA requires South Bend to review periodically the chemical limitations of certain
pollutants related to the Industrial Treatment Program to determine if they adequately protect the
Wastewater Treatment Plant and the St. Joseph River. South Bend recently completed such an
evaluation, which resulted in new limits that must be included in South Bend's ordinance. It is
also necessary that the Municipal Code be amended to correct certain non - substantive errors and
to make other minor changes. The substantive changes in this ordinance are subject to approval
by the EPA which has reviewed the ordinance and found it to be acceptable.
1
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, that various sections of Chapter 17, Article 2, Division 3 shall be
amended to read as follows:
SECTION 1. Chapter 17, Article 2, Division 3, Subsection 17 -8(c), Subparts (14) and (17), and
Subsection 17 -8 (f) of the South Bend Municipal Code shall be amended to read as follows:
Sec. 17 -8. General purpose; prohibited discharges; discharge standards
(c) Specific prohibitions. No User shall introduce or cause to be introduced
certain pollutants, substances, or wastewater into any public sewers or directly or
indirectly into the POTW. Those pollutants, substances or wastewater prohibited
by this subsection shall not be processed or stored in such a manner that they
could be discharged to the POTW. The following described pollutants are
expressly prohibited:
(14) Any waters or wastes having a pH lower than 6.0, any waters or
wastes having a pH in excess of 11.0, or having any corrosive property
capable of causing damage or hazard to structures, equipment, or
personnel of the publicly owned treatment works, or that interferes with
any treatment process. Notwithstanding this provision, New Energy
Corp., shall users may be authorized to discharge at a pH in excess of 11.0
but not to exceed 12.0 in keeping with its odor abatement efforts. Such
authorization will be specified in the user's wastewater discharge permit.
(17) Medical Wwastes, .
that are not amenable to treatment, that cause Pass Through or
Interference, that may contribute to blockages in the collection system, or
that create a hazard to POTW workers. The Director may require that a
wastewater discharge permit be obtained in order to discharge certain
medical wastes.
0
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
January 15, 2014
Mr. Oliver Davis
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Resolution for Preliminary Approval of Amendment to South Bend Municipal Code Chapter 17,
Article 2, Division 3 Regarding the Industrial Pretreatment Program
Dear President Davis:
Attached is a resolution related to a draft amendment of Chapter 17, Article 2, Division 3, which
is also attached. The US EPA requires that the City of South Bend periodically review limitations related
to the Industrial Pretreatment Program to determine that they are adequately protective of the
Wastewater Treatment Plant and the St. Joseph River. An evaluation was completed, and after review
by the US EPA, it was determined that certain pollutant limitations required revision. The attached draft
amendment to Chapter 17 includes these revisions. However, federal regulations require that the US
EPA formerly approve any modification of this nature prior to it being adopted by a local government.
In accordance with US EPA requirements, the attached Resolution is intended to communicate
the South Bend Common Council's intention to adopt the draft Ordinance pending formal approval from
the US EPA. Once acted on by the Common Council, both the Resolution and draft Ordinance will be
placed on notice for public comment for thirty days. After that period, the Resolution, Ordinance, and
any public comments will be submitted to the US EPA for formal approval.
Either Al Greek or I will present this ordinance at the Council's Committee meeting and at the
public hearing. If you have any further questions or need additional information, please let me know.
Thank you for your consideration.
Sincerely,
Eric Horvath
Director of Public Works