HomeMy WebLinkAboutAmending Chapter 17 EPA's RecommendationsORDINANCE No. 10317 -14
Passed by the Common Council of the City of South Bend, Indiana
July 28, 2014
Presented by me to the Mayor of the City of South Bend, Indiana
July 29, 20 14
Clerk
?nt of Common Council
Approved and signed by me .TL1 1v l9 20 _
City Clerk
ORDINANCE NO. (0 3 (� -" I
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 se g. 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.
On February 10, 2014 this Council passed and adopted Resolution #4319 -14 which
approved a Proposed version of this Ordinance subject to public notice and comment, and final
approval by the EPA. This Ordinance incorporates the final changes required by the EPA. The
amended Maximum Allowable Industrial Load (MAIL) to Significant Industrial Users set forth
in Section I of this final Ordinance has been subject to more than 30 days of public comment
without objection.
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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
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, r :a ^al ""` " "''' °";
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.
(f) Local Standards.
(1) The Director is authorized to establish ILocal Limits pursuant to 40
CFR 403.5(c).
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(2) The following pollutant limits are established to protect against Pass
Through and Interference. These lifnitations May be applied as e4her
instantaneous i i. tions or daily nifflEifntifn limitations No persen
Significant Industrial User shall discharge wastewater eentaining 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 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 incorporated by
reference:
a- Arsenic
c Cadmium
{-7.3j =.mac Chromium
Copper
�1- 53 mg/4-c Cyanide
�1.61 mg/4-1 Lead
r
0.1] ffig/I t 1.9, n n Nickel
r-1.8] rn /1-s Silver
X3.4] Fflg'+zZinc
(4) Significant Industrial Users (SIU) who have not been given an
allocation for one of the pollutants listed above shall notify the City of
South Bend at least 90 days in advance of a change in the characteristics of
their wastewater that would increase the expected concentration of that
pollutant in their wastewater discharge. In addition, the City may
determine at any time that an SIU wastewater discharge requires a
limitation for a pollutant regardless of the concentration levels listed
below, and may then develop a limit based on the MAIL. In any case SIU
discharge that is found to contain in excess of the following concentrations
will be reviewed for the need for a limit. The Director may require more
sensitive analysis when results are reported as less than the following
concentrations or less than greater concentrations:
Arsenic -0.2 mg/L
Cadmium -0.1 mg/L
Chromium -2.0 mg/L
Copper -0.3 mg /L
Lead -0.3 mg/L
Nickel -0.3 mg/L
Silver -0.2 mg/L
Zinc -0.3 mg /L
Cyanide -0.1 mg/L
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(c) (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 -1 l(e)(dd)
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
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
(w) Bypass
b. Except as indicated in Sections 3 c ands 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.
multiple grab samples n a during a 24 hour period
total phenolss, and sulfides the samp! s-ffhay-be-eenVasited in the
and grease, the samples may be eempesited in the_4aberateyf—.Gfab
samples may be required to show eemplianee with instantaneous
Limits.
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(4) Bypass Prohibition
(b) The Director may approve an anticipated bypass, after
considering its adverse effects, if the Director determines that it
will meet the three conditions listed in paragraph ''"" ` of this
Dom, '�'- 1^TSubpart (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
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(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 Subsection 17 -11(c)
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.
(c) Administrative F- ees-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) Subsection 17- 10(a)(2) requiring a User to restrict the
volume or point of discharge;
(b) Subsection 17- 10(a)(3) requiring a User to install a storage
or flow - control facility;
(c) Subsection 17- 10(a)(2) denying a permit transfer; or
(d) Subsection 17- 10(n)(4) revoking a permit.
(e) This Section 17 -11, subsection (a), issuing any authorized
Administrative Enforcement Remedy.
(f) Subsection 17 -100) 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
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 by eleeireni
ir-ansmissian; or if sent by mail, it is post- marked on or before the
fifteenth (15`h) day in the case of a request for Director
reconsideration or within seven (7) or thirty -five (35) days 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 incom Mete 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.
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(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(e) (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 -11(d) (e) of this Division.
SECTION V. —This ordinance shall be in full force and of
Common Council and approval by the Mayor.
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2 a (,i , at l ) o o'clock 19
City C k
Approved and signed by me on the L!�t\V, day of , 2_p c
at S o'clock, 4--.m.
1 sr READING
PUBLIC HEARING— ZE- -Ly
3rd READING
NOT APPROVO
PHERRM
PASSER
W
Mayor, City of South Bend, Indiana
Filed in C0� -Ws Office
X014
JOHN V00=qD9
CITY CLERK, SOUTH SEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
36 -14 A BILL 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
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
CITY OF SOUTH BEND PETE BUTTIGIFG, MAYOR
DEPARTMENT OF PUBLIC WORKS
July 7, 2014
Mr. Oliver Davis
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 17, Article 2, Division 3
Regarding the Industrial Pretreatment Program
Dear President Davis:
Earlier this year, the South Bend Common Council approved Resolution #4319 -14 that described
the Council's intentions regarding adoption of revisions to Chapter 17 of the South Bend Municipal
Code. The revisions are related to the requirement to operate an approved Industrial Pretreatment
Program. As part of this requirement, the City of South Bend is required to develop and implement
wastewater local limits for Significant Industrial Users. The City also has to determine that local limits
are adequately protective of the Wastewater Treatment Plant and the St. Joseph River. An evaluation of
local limits was completed, and after review by the US EPA it was determined that certain pollutant
limitations required revision. The attached ordinance amendment to Chapter 17 includes these
revisions. These revisions have also been subject to public comment for more than 30 days, and no
objection has been received.
In accordance with US EPA requirements, the amendment to Chapter 17 is attached for your
review and 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 Korvath " I Red in C„k•..,ta s office
Director of Publ c Wo
JUL 8 ZQ14
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