CITY OF WARSAW - AN ORDINANCE AMENDING SECTIN 78-243 OF THE WARSAW CITY CODE
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ORDINANCE NO 2009-06-03 AN ORDINANCE AMENDING SECTION 78-243 OF THE WARSAW CITY CODE IT IS HEREBY ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA that Section 778-243 of the City Code of Warsaw, Indiana be amended to read as follows: Section 78-243. General Discharge Regulations (a) Prohibitions. The discharge of any pollutant into the Wastewater Utility which causes interference is prohibited. Additionally, no discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the Wastewater Utility: 1. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either along or by interaction to cause fire or explosion or be injurious in any other way to the operation of the Wastewater Utility. This includes any substance with a flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using test methods specified in 40 CFR 261.21. 2. Solid or viscous substances which will obstruct the flow in the Wastewater Utility or in a sewer. 3. Any wastewater having a pH less than 6.0 or higher than 10.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the Wastewater Utility. 4. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to interfere with the operation of the Wastewater Utility. 5. Any noxious or malodorous liquids, gases or solids which either singly or by interaction 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. 6. Any substance which may cause the Wastewater Utility's effluent or treatment residues sludges 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 Utility cause the Wastewater Utility to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state standards applicable to the sludge management method being used. 7. Any substance in a quantity or concentration that, along or in conjunction with other discharges, is a cause of discharge from the Wastewater Utility to Waters of the state that violates the Wastewater Utility's NPDES permits or increases the magnitude or duration of a violation. 8. Any substance with objectionable color not removed in the treatment process. 9. Any wastewater having a temperature that will inhibit biological activity in the wastewater treatment plant resulting in interference, but in no case, wastewater with a temperature that causes the influent of the wastewater treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius). 10. Any slugload, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc), released in a discharge at a flow rate or pollutant concentration which will cause interference with wastewater treatment operations. 11. Any storm water, surface water, ground water, roof runoff, subsurface drainage, non-contact cooling water, and other unpolluted water, in any area served by separated sewers and in any area served by combined sewers where discharge directly to waters of the state is feasible. 12. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as exceed limits established by the Wastewater Utility in compliance with applicable state or federal regulations. 13. Any wastewater which causes a hazard to human life or creates a public nuisance. 14. Any trucked or hauled waste discharge is prohibited, except at a location deemed acceptable by the Wastewater Utility. 15. Used motor vehicle antifreeze, motor oil, brake fluid or transmission fluid; used hydraulic fluid, oil based paint, and paint thinners if the material is in a collectable and recyclable quantity, or if the discharge would result in a violation of the oil and grease limitation set forth in this ordinance. 16. Petroleum oil, non biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. 17. Pollutants that result in the presence of toxic gases, vapors or fumes within the sewerage system in a quantity that may cause acute worker health and safety problems. 18. Any non-domestic wastewater before the Wastewater Utility has approved the discharge. (b) Limitation on wastewater strengths 1. Categorical Pretreatment Standards. Categorical Pretreatment Standards shall be met by all dischargers regulated by such standards unless the locally established effluent limitations are more stringent. 2. State Requirements. State requirements and limitations on discharges to the Wastewater Utility shall be met by all users that are subject to such requirements and limitations in any instance in which they are more stringent than either a categorical pretreatment standard or a locally established effluent limitation. 3. Right of Revision. The Wastewater Utility reserves the right to amend this division to provide for more stringent limitations on requirements on discharges to the Wastewater Utility where deemed necessary to comply with the objectives set forth in subsection (a) of this section. 4. Dilution. Unless authorized to do so by an applicable pretreatment standard or requirement, no user may increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any applicable pretreatment standard or requirement. The Wastewater Utility may impose mass limits on users that are using dilution to meet the applicable pretreatment standards or requirements or in any other case where mass limits are appropriate. 5. Supplementary limitations is deleted and replaced by: "Local Effluent Limitations" Users may not discharge into the Wastewater Utility any wastewater containing concentrations of pollutants greater than the following limits: Maximum Pollutant (mg/l) Arsenic 0.15 Cadmium 0.02 Chromium (T) 3.40 Copper 0.30 Cyanide (T) 0.03 Lead 0.40 Mercury 0.0006 Molybdenum 0.15 Nickel 0.30 Selenium 0.20 Zinc 2.50 Ammonia 100.0 Oil & Grease (Petroleum-based) 100.0 Oil & Grease (Total) 500.0 Temperature 150ºF c. Accidental discharge is deleted and replaced with the following: (c) Accidental discharge. Users shall immediately notify the Wastewater Utility of an upset, spill or other slug load that has a reasonable potential to cause a violation of any applicable pretreatment standard or requirement. This notification should provide the following information: a. The location, date and time of the discharge; b. The character and volume of the discharged or released material; and c. Any containment or corrective actions taken by the users. Within five days after the above described verbal notification has been made, the user will submit to the Wastewater Utility a written report describing the cause of the discharge, the duration of the discharge, and the measures to be taken by the user to prevent similar discharges in the future. This report shall contain the certification statement set forth in Section 78-277. (d) Wastewater Slug Control Plans. At the discretion of the Wastewater Utility, users may be required to develop and submit to the Industrial Pretreatment Office of a Wastewater Slug Control Plan (WSCP) that shall include, at a minimum: (i) a description of discharge practices, including non-routine batch discharges; (ii) an identification of any stored chemicals and description of the way the chemicals are stored; (iii) procedures for immediately notifying the city of slug load discharges, including any discharge that would violate a prohibition under Section 78-243(a); and (iv) procedures to prevent spills and to minimize their effect when they occur, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing pollutants that would be toxic to the Wastewater Utility or cause or contribute to pass through and/or interference, and measures and equipment for emergency response. This ordinance shall be in full force and effect on June, 2009. Ordained this 15th day of June, 2009. AYE NAY Jeff Grose Charles D. Smith Joe Thallemer - Absent Jerry Patterson - Absent Daniel H. Hampton Kyle Babcock - Absent George Clemens Presented to and approved to me this 15th day of June, 2009. Mayor Ernest B. Wiggins, Presiding Officer Common Council, City of Warsaw ATTEST: Elaine Call, Clerk-Treasurer j2