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HomeMy WebLinkAboutOrd 1868ORDINANCE NO, 1868-2011 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 15.10 OF THE BURLINGAME MUNICIPAL CODE TO REVISE CERTAIN SECTIONS OF THE CITY OF BURLINGAME SANITARY SEWER USE REGULATIONS The City Council of the City of Burlingame fmds as follows: Section 1 Factual background The primary purpose of Chapter 15.10 of the Burlingame Municipal Code, "Sanitary Sewer Use Regulations", is to protect the public health and safety, water quality and the environment. The Regulations also ensure that the operations and maintenance of the Sewer Collection System and the Wastewater Treatment Plant (WWTP) are in compliance with State and Federal Laws. By mandating regulatory controls through a pretreatment program, the City ensures that commercial and industrial users abide by the rules regarding discharges into the sewer system. The Pretreatment Program is implemented by Wastewater Treatment Plant staff that performs inspections and monitors the waste streams and facility activities of businesses. On December 15, 2010, Tetra Tech Inc., a U.S. Environmental Protection Agency (EPA) contractor, conducted a Pretreatment Compliance Inspection (PCI) of the City's Pretreatment Program. As part of that inspection, PCI reviewed the City's Sanitary Sewer Use Regulations (Chapter 15.10) to make sure that the regulations comply with recently revised Federal regulations. Based on the PCI inspection report, the Water Quality Regional Board (WQCB) has directed the City to modify its sewer ordinance to incorporate the updated mandatory provisions of the Federal Pretreatment Streamlining Rule, including expansion of the definition of Significant Non Compliance (SNC), shortening the dead line for submitting late reports from the current 60 days to 45 days, addition of a definition of slug load/slug discharge, related reporting requirements of slug load/slug discharge, specification of sampling and collection procedures for significant industrial user (SIU), clarification of sampling and monitoring requirements of SIU's and requirement of mandatory reporting of permit violations. This ordinance effects the changes as required by the revised federal regulations and as directed by the WQCB. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 2. Amendments to Section 15.10.015 "Definitions" a. Section 15.10.015 (s), "`S"' Defi nitions", subsection (11) "Significant Non- compliance" is hereby deleted, and a new subsection (11), "Significant non-compliance" is added to read as follows: "(11) Significant Non -Compliance. "Significant non-compliance" means a compliance status assigned to an industrial discharger meeting any of the foRowing criteria: (i) Chronic violations of wastewater discharge limits are those violations in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter during a six- (6) month period exceeds (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as definedby 40 CFR 403.3(1); or (ii) Technical Review Criteria (TRC) violations of wastewater discharge limits, defined here as those violations in which thirty-three percent (33%) or more of measurements taken for each pollutant parameter during a six- (6) month period equal to or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC value (TRC = 1.4 BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH); or (iii) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); or (iv) A discharge of imminent endangerment to human health, welfare, or the environment, or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such discharge; or (v) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; or (vi) Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, 90 -day compliance reports, periodic self-monitoring reports, and reports on compliance schedules,; or (vii) Failure to accurately report non-complian ce; or (viii) Any other violation or group of violations, which may include a violation of Best Management Practices (BMPs), which the director determines will adversely affect the operation or implementation of the local pretreatment program." b. Section 15.10.015 (s), "`S"' Definitions", is hereby amended to add a new subsection (12), "Slug Load or Slug Discharge", to read as follows: "(12) Slug Load or Slug Discharge. Any discharge at a now rate or concentration, which could cause a violation of prohibited discharge standards in Section 15.10.040 of this chapter. A Slug Discharge is any discharge of a non -routine, episodic nature, including but not limited to an accidental spill or a non -customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions." The subsequent subsections of "'S"" definitions are hereby re -numbered accordingly. c. Section 15.10.015 (t), "`T"' Definitions", subsection (3), "Toxic Pollutant", is hereby deleted and a new subsection (3), Toxic Pollutant" is added to read as follows: changes at "(3) Toxic Pollutant. Toxic pollutant means any pollutant or any combination of pollutants listed as toxic in regulations promulgated by the EPA under the provisions of CWA 307 (a) or other statutes." Section 3. Amendments to Section 15.10.062 Section 15.10.062, "Protection from Accidental Discharges", is hereby deleted, and a new section 15.10.062, "Protection from Accidental and Slug Discharges" is added to read as follows: "15.10.062 Protection from accidental and slug discharges. (a) Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter into either the storm sewer or sanitary sewer systems. The city shall evaluate whether each SN needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The city may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. (b) Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user's expense. (c) Any direct or indirect connection or entry point for deleterious wastes to the discharger's plumbing or drainage system shall be eliminated through. reasonable disconnection or barriers as necessary to ensure protection to the system. (d) Significan t Industrial Users are required to notify the city immediately of any changes at its facility affecting the potential for a Slug Load/Slug Discharge." Section 4. Amendments to Section 15.10.074, "Determination on Permit Application" Section 15.10.074, "Determination on Permit Application", is hereby amended to add a new subsection (10) and a new subsection (11), to read as follows: Requirements for notification of slug discharges. (11) Requirements to control slug discharges, if determined by the city to be necessary." Section 5. Amendments to Section 15.10.094, "Reporting Requirements" a. Section 15.10.094, "Reporting Requirements", subsection (a), is hereby amended to delete subsection (a) and to add a new subsection (a), to read as follows: "(a) All permit holders shall submit periodic reports to the director. Specific reporting requirements will be specified in the underlying permit or in controlling directives or violation notices. Minimum reports required will be: (1) Baseline monitoring reports (BMR); (2) Compliance reports, which will be submitted within ninety (90) days of the compliance date calculated pursuant to the applicable pretreatment standards or local standards. (3) Periodic discharge reports, which may include but not be limited to, nature of process, volume, rate of flow, mass emission rate, production quantities, hours of operations, number and classification of employees, or other information that relates to the generation of waste including wastewater discharge. These reports will indicate whether applicable pretreatment standards and discharge limits are being met during the reporting period. These reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site, even though they are not normally discharged. (i) Except as specified in 40 CFR 403.12(e)(1), all Significant Industri al Users must, at a frequency determined by the director submit no less than twice per year June and December (or on dates specified), reports indicating the nature and concentration of all pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the director or the Pretreatment Standard necessary to determine the compliance status of the User. (ii) Significant Non -categorical Industrial Users may be required to submit to the director at least once every six months (or on dates specified) a description of the nature, concentration, and flow of the pollutants required to be reported by the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator determines that the part 136 and sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including suggested by the city or other persons, approved by the city. This sampling and analysis may be performed by the city or a duly authorized city representative in lieu of the significant non - categorical Industrial User. Monitoring frequencies and parameters, as specified in the underlying permit, must be followed in the event that the Significant Non - categorical Industrial User is required to conduct self-monitoring. (4) All wastewater samples must be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. (5) If sampling by a User indicates a violation, the User must notify the city within twenty-four (24) hours of becoming aware of the violation. The User shall aIso repeat the sampling and analysis and submit the results of the repeat analysis to the city within thirty (30) days after becoming aware of the violation. Resampling by the User is not required if the city or any authorized representative of the city performs sampling at the User between the time when the initial sampling was conducted and the time when the User of the District receives the results of this sampling, or if the city or authorized representative has performed the sampling and analysis in lieu of the User." b. Section 15.10.094, "Report "(c) In order to be complete, any report filed pursuan ing Requirements", subsection (c), is hereby amended to delete subsection (c) and to add a new subsection (c), to read as follows: t to this section shall contain a certification statement reading as follows: `I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting faIse information, including the possibility of fine and imprisonment for knowing violations.' This certification statement shall be signed by the responsible corporate officer, manager, general partner, or duly authorized representative of the discharger and makes that person legally accountable for the information submitted." Section 6. Amendments to Section 15.10.098, "Monitoring" a. Section 15.10.098, "Monitoring", subsection (a), is hereby amended to delete subsection (a) and to add a new subsection (a), to read as follows: "(a) All monitored discharges shall be analyzed and tested according to procedures outlined in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard." b. Section 15.10.098, "Monitoring", is hereby amended to add a new subsection (d), to read as follows: "(d) Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. (i) Except as indicated in Section (ii) and (iii) below, the User must collect wastewater 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 protocols (including appropriate preservation) specified in 40 CRF Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. (ii) Samples for oil an d grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. (iii) For sampling required in support of baseline monitoring an d 90 -day compliance reports required in Section 15.10.094 (2) and (3), a minimum of four (4) grab samples must be used for Ph, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the director may authorize a lower minimum. For the reports required by Section 15.10.094 (3)(i -ii), the User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements or specified in the underlying permit." Section 7. Amendments to Section 15.10.100, "Self -Monitoring" Section 15.10.100, "Self -Monitoring", is hereby amended to add a new subsection (c), to read as follows: "(c) If a discharger is subject to the reporting requirements in Section 15.10.094(3)(i) monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the procedures prescribed in Section 15.10.098, the results of this monitoring shall be included in the report." Section 8. Amendments to Section 15.10.108, "Employees Training and Notice" Section 15.10.108, "Employees Training and Notice", subsection (b), is hereby amended to delete subsection (b) and to add a new subsection (b), to read as follows: "(b) Permit holders shall provide areas for posting of information regarding pollution control, and in all cases, shall post signs or notices indicating approved methods for disposition of wastes and reporting requirements for accidental or slug discharges and increased loadings with telephone numbers for appropriate response agencies." Section 9. This ordinance shall be published as required by law. Terry Nagel, May I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 17`x' day of October, 2011, and adopted thereafter at a regular meeting of the City Council held on the 7th day of November, 2011, by the following vote: AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL NOES: Councilmembers: NO � ABSENT: Councilmembers: N 1 p¢ y Mary llen Ke ney, City Clerk