ORDINANCE NO. 9499

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 19, ARTICLE 6, SECTIONS 19-602, 19-615, 19-616, AND 19-634, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO THE PRETREATMENT REGULATIONS, AND REPEALING EXISTING SECTIONS 19-602, 19-615, 19-616, AND 19-634.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter 19, Article 9, Section 19-602, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-602             DEFINITIONS. 

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated:

(1)        Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

(2)        Approval Authority. The Environmental Protection Agency (EPA) or Director of the Division of Environment of the Kansas Department of Health and Environment (KDHE), if the pretreatment program has been formally delegated to the Kansas Department of Health and Environment.

(3)        Authorized Representative of Industrial User. An authorized representative of an industrial user may be: (1) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

(4)        Biochemical Oxygen Demand or (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under laboratory procedure in five (5) days at twenty degrees centigrade, expressed in milligrams per liter (mg/L) as established in the 19th edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, American Water Works Association and the Water Environment Federation.

(5)        Building Sewer. The extension from the building drain to the sanitary sewer collection system.

(6)        Chemical Oxygen Demand or (COD). A measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the amount of oxygen consumed by a chemical oxidant in a specified test as mg/L.  

(7)        City. The City of Lawrence, Kansas.

(8)        Code of Federal Regulations or (CFR). Regulations as issued by the United States Government. References to sections of the CFR shall be in accordance with the latest revisions unless specifically stated otherwise.

(9)        Composite Sample. A sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

(10)      Cooling Water. 

(a)        Uncontaminated. Water used for cooling purposes only, which has no direct contact with any raw material, intermediate or final product and which does not contain a detectable level of contaminants higher than that of the intake water.

(b)        Contaminated: Water used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.

(11)      Director. The Director of Utilities the Municipal Services and Operations Department of the City of Lawrence, or his or her authorized agent or representative.

(12)      Domestic Waste. Waste from the noncommercial preparation, cooking and handling of food or containing solely human excrement and similar matter from sanitary conveniences of dwelling, institution, commercial and industrial facilities. All other waste shall mean nondomestic.  

(13)      Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency. 

(14)      Governing Body. The City Commission of Lawrence, Kansas.

(15)      Grab Sample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

(16)      Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

(17)      Indirect Discharge or Discharge. The introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).

(18)      Interference. Discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) Therefore is a cause of a violation of any requirement of the POTW’s National Pollutant Discharge Elimination System (NPDES) permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act, the Toxic and Substance Control Act and the Marine Protection, Research and Sanctuaries Act.

(19)      National Categorical Pretreatment Standard or Pretreatment Standard. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to users. This term includes prohibitive discharge limits established pursuant to 40 CFR, Section 403.5.

(20)      National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.

(21)      New Source. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317). Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated. Where the standard is already promulgated, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

(22)      National Pollutant Discharge Elimination System or NPDES Permit. A permit issued to a POTW pursuant to section 402 of the Act (33 U.S.C. 1342).

(23)      Pass Through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the POTW's NPDES permit (including an increase in magnitude or duration of a violation).

(24)      Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

(25)      pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

(26)      Pollutant. Anything discharged into the POTW or sanitary sewer collection system which causes any alteration of chemical, physical, biological and radiological integrity of water including, but not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

(27)      Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR Section 403.6(d). Appropriate pretreatment technology includes, but is not limited to control equipment, such as equalization tanks or facilities, for protection against surge or slug discharge that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the wastewater discharge from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with Section 403.6 (e).

(28)      Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on user.

(29)      Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits.

(30)      Publicly Owned Treatment Works or (POTW). A treatment works that is owned and operated by the City. It includes any sewers that convey wastewater thereto from users located either within or outside the City, but not including pipes, sewers or other conveyances not connected to the facility providing treatment.

(31)      Sanitary Sewer Collection System shall include, but not be limited to all facilities for collecting, pumping, treating and transfer of wastewater.

                        (32)      Shall is mandatory whereas May is permissive.

                        (33)      Significant Industrial User. 

(1)        Except as provided in paragraph (2) of this sub-section, the term Significant Industrial User means:

(i)         A user subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, subchapter N; and

(ii)        A user that:

(1)        discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

(2)        contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(3)        is designated by the City as defined in 40 CFR 403.12 (a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement {in accordance with 40 CFR 403.8 (f) (6)}

(2)        Upon finding that a user meeting the criteria in paragraph (1)  (ii) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City (as defined in 40 CFR 403.12 (a)) may at any time, on its own initiative or in response to a petition received from a user or POTW, and in accordance with 40 CFR 403.8 (f) (6), determine that such user is not considered a Significant Industrial User.

(34)      Significant Noncompliance. An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(a)        Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

(b)        Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC) TRC = 1.4 for BOD, TSS, fats, oils, and grease and 1.2 for all other pollutants except pH.

(c)        Any other violation of a pretreatment wastewater discharge limit (daily maximum or longer-term average) that the City 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);

(d)        Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under paragraph (f) (1) (vi) (B) of Section 40 CFR 403.8 to halt or prevent such a discharge;

(e)        Failure to meet within ninety (90) days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;

(f)        Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring report, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(g)        Failure to accurately report noncompliance;

(h)        Any other violation or group of violations, which the City determines, will adversely affect the operation or implementation of the local pretreatment program.

(35)      Slug Discharge. Any discharge of non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.

(36)      State. State of Kansas.

(37)      Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the President, Office of Management and Budget, 1987.

(38)      Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom.

(39)      Suspended Solids. Any solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering as established in the 19th edition of “Standard Methods for the Examination of Water and Wastewater,” as published by the American Public Health Association, American Water Works Association and the Water Environment Federation. Suspended solids shall also mean total suspended solids (TSS).

(40)      Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by EPA under the provisions of Sections 307 (33 U.S.C. 1317 of the Act).

(41)      User. Any person and/or connection to the sanitary sewer collection system that contributes, causes or allows the contribution of waste into the City's POTW.

(42)      Waste. The liquid and water-carried domestic or nondomestic waste from residences, institutions, commercial and industrial facilities whether treated or untreated.

(43)      Wastewater. Any substance that contains any of the waste products  or other discharges from the bodies of human beings or animals, or other waste from domestic, nondomestic or any other forms of industry.

(44)      Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

(45)      Wastewater Discharge Permit. As set forth in Section 19-615 of this Article.

(46)      Wastewater Treatment Plant any arrangement of devices and structures used for treating wastewater. (Ord. 5543, Sec. 1.2; Ord. 6410, Sec. 1.2)

SECTION 2. Chapter 19, Article 6, Section 19-615, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-615             WASTEWATER DISCHARGE PERMITS; GENERAL PERMITS. 

All users proposing to connect to or to contribute to the POTW shall complete a wastewater survey from the Municipal Services and Operations Department of Utilities before connecting to or contributing to the POTW. All significant industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit. (Ord. 5543, Sec. 4.2.1; Ord. 6410, Sec. 4.2.1)

SECTION 3. Chapter 19, Article 6, Section 19-616, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-616             SAME; PERMIT APPLICATION.

Users required to obtain a wastewater discharge permit shall submit an application for a wastewater discharge permit to the Municipal Services and Operations Department of Utilities and include a fee of seventy-five dollars ($75).

If the permittee wishes to continue to discharge after the expiration date of the assigned permit, the permittee must submit in writing an application for a new permit at least ninety (90) days before the expiration date. Proposed new users shall apply at least ninety (90) days prior to connecting to or discharging to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(A)       Name, address, and location, (if different from the address);

(B)       SIC number according to the Standard Industrial Classification Manual, Office of Management and Budget, 1987, as amended;

(C)       Wastewater constituents and characteristics including but not limited to those mentioned in Sections 19-604:611 as determined by an analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;

(D)       Time and duration of contribution;

(E)       Average daily and three minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;

(F)       Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation;

(G)       Description of activities, facilities and plant processes on the premises including all materials that are or could be discharged;

(H)       Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, State, or Federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(I)         If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment.  The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

(1)        The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing the preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(2)        No increment referred to in paragraph (1) above shall exceed nine (9) months.

(3)        Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Director.

(J)        Each product produced by type, amount, process or processes and rate of production;

(K)       Type and amount of raw materials processed (average and maximum per day);

(L)        Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(M)      Any other information as may be deemed by the City to be necessary to evaluate the permit application such as but not limited to quantities of raw materials used and/or products manufactured;

(N)       A list of environmental control permits held by the User;

(O)       Flow measurement data or the best estimate of flow for each wastestream.

The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a wastewater discharge permit subject to terms and conditions provided herein.

In the event additional categorical determinations are made, the information submitted in the initial application must be updated as appropriate and resubmitted. (Ord. 5543, Sec. 4.2.2; Ord. 6410, Sec. 4.2.2)

SECTION 4. Chapter 19, Article 6, Section 19-634, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

19-634             ADMINISTRATIVE FINES. 

The Director of Utilities the Municipal Services and Operations Department or his or her designee may impose administrative fines for violations of pretreatment standards and noncompliance with pretreatment requirements, in accordance with the Enforcement Response Plan developed by the POTW, as required in 19-636. (Ord. 6410, Sec. 5.4.5)

SECTION 5. Existing Chapter 19, Article 6, Sections 19-602, 19-615, 19-616, and 19-634, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.

SECTION 6. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 7. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of _________, 2018.

APPROVED:

___________________________________

Stuart Boley, Mayor

ATTEST:

__________________________________

Sherri Riedemann, City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler, City Attorney