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HomeMy WebLinkAbout2010-054 Sewer Use and Pretreatment Regulations; Local Limits; YMC Amendment 7.65.060 and 7.65.070 ORDINANCE NO 2010 -54 AN ORDINANCE amending Sections 7 65 060 and 7 65 070 of the Yakima Municipal Code to revise the Local Limits of the City of Yakima's Pretreatment Program to prevent pass- through or interference with the Publicly Owned Treatment Works (POTW) and to protect the receiving waters of the State WHEREAS, the City of Yakima (City) has a fully delegated wastewater pretreatment program to control discharges from all industrial users of its wastewater treatment and disposal system pursuant to requirements set out in 40 CFR Part 403, Chapter 90 48 RCW, Chapters 173 -208 WAC, 173 -216 WAC, 173 -201A WAC, 173 -240 WAC and the City's National Pollution Discharge Elimination System Permit ( "NPDES Permit "), and WHEREAS, the City has implemented, and received authority from the Washington State Department of Ecology ( "Ecology ") for, a fully delegated pretreatment program, including the issuance of wastewater discharge permits to industrial dischargers and the authority to enforce such permits, and WHEREAS, Yakima Municipal Code (YMC) Chapter 7 65 requires periodic review and revision of the City's local limits as a requirement of the City's NPDES permit with Ecology; and WHEREAS, review and revision of the City's local limits is necessary in providing industrial users discharge limits based on actual discharge characteristics of current loadings in order to prevent pass- through or interference at the POTW and to protect the receiving waters of the State, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 Section 7 65 060 of the City of Yakima Municipal Code is amended to read as follows 7 65.060 Pretreatment standards and requirements. A. No person shall discharge or cause to be discharged to the POTW, directly or indirectly, any unpolluted waters such as stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water or noncontact cooling water, and unpolluted industrial wastewater to any sewer or natural outlet, unless approved by the Wastewater Manager and other regulatory agencies whose approval is required by law (See Part 7 of this chapter ) B No person shall discharge or cause to be discharged to the POTW, directly or indirectly, any pollutant or wastewater which will cause interference or pass through Furthermore, no discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless discharged pursuant to a valid wastewater discharge permit or authorization from the Wastewater Manager 1 Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or to be injurious in any other way to the operation of the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees centigrade using the test methods specified in 40 CFR 261 21 At no time shall two successive readings on a combustible gas meter, at the point of discharge into the system (or at any point in the system), be over five percent, nor any single reading over ten percent of the lower explosive limit (LEL) of the meter Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and any other substances which are a fire hazard or hazard to the POTW 2 Solid or viscous substances in quantities or of such size that they will, or may, cause reduction of the effective cross - sectional area of a sewer, obstruction to the flow in a sewer, or other interference with the operation of the POTW In no case may solids greater than one - fourth inch in any dimension be discharged to the POTW 3 Any wastewater having a pH less than 5 5 or higher than 12.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the system 4 Any wastewater having a BOD of more than three hundred mg /L. 5 Any wastewater having a TSS content of more than three hundred mg /L. 6 Any wastewater having a chlorine demand of more than twenty mg /L. 7 Any wastewater having an animal /vegetable (polar) based floatable oil, fat waste, oil or grease (whether or not emulsified), hexane or ether - soluble matter content in excess of one hundred mg /L, or a mineral /petroleum (nonpolar) based oil or grease (whether or not emulsified), hexane or ether - soluble matter content in excess of one hundred mg /L, or any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through, or any substance which may solidify or become discernibly viscous at temperatures above zero degrees centigrade (thirty -two degrees Fahrenheit) 8 Any wastewater containing pollutants in sufficient quantity or concentration, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in categorical pretreatment standards, or state or local standards 9 Any pollutants which result in the presence of toxic, noxious or malodorous liquids, gases, vapors, fumes or solids within the POTW in a quantity that either singly or by interaction are capable of creating a public nuisance or hazard to life or causing acute worker health and safety problems, or are sufficient to prevent entry into the sewers for their maintenance and repair 10 Any substance which may cause the POTW's effluent or treatment residues, biosolids or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process In no case shall a substance be discharged to the POTW that, either alone or in combination with other discharges, will cause the POTW to be in noncompliance with biosolids use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or with any criteria, guidelines or regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal Act, 42 U S C 6901 et seq , as now or as it may be amended, the Clean Air Act, 42 U S C 7401 et seq , as now or as it may be amended, the Toxic Substances Control Act (TSCA), 15 U S C 2601 et seq , as now or as it may be amended, or similar state statutes or regulations applicable to the biosolids management method being used 11 Any substance which will cause the POTW to violate its NPDES and /or other disposal system permits 12 Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating the city's NPDES permit. Color, alone or in combination with turbidity, shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent from the seasonably established norm for aquatic life 13 Any slugload 14 Any sludges, screenings or other residues from the pretreatment of industrial wastewater discharges 15 Any wastewater containing any radioactive wastes or isotopes of such half -life or concentration as exceed limits established by the city in compliance with applicable state or federal regulations 16 Any wastewater that causes a hazard to human life or creates a public nuisance 17 Any medical wastes 18 Any wastewater causing the treatment plant's effluent to fail a toxicity test. 19 Any wastes containing detergents, surface- active agents, or other substances in such concentrations that they may cause excessive foaming in the POTW 20 Persistent pesticides and /or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA), 7 U S C 136 et seq , as now or as it may be amended C No discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless discharged pursuant to a valid wastewater discharge permit or authorization from the Wastewater Manager 1 Any wastewater with a temperature that will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case, wastewater with a temperature at the introduction into the POTW which exceeds forty degrees centigrade (one hundred four degrees Fahrenheit) 2. Any trucked or hauled pollutants, except pursuant to YMC 7.65.420 3 Any dangerous wastes as defined in Chapter 173 -303 of the Washington Administrative Code (WAC), as now or as it may be amended 4 Flows which have the potential to adversely affect the hydraulic loading of the POTW, including the following categories a Noncontact cooling water; b Stormwater and other direct inflow sources, and c Nonpolluted water or water which does not require significant treatment. D Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW All floor drains located in process or materials storage areas must discharge to the industrial discharger's pretreatment facility prior to discharging to the POTW E The general and specific prohibitions provided by this section apply to all dischargers to the POTW whether or not the discharger is subject to categorical pretreatment standards or requirements. (Ord 2007 -26 § 1 (part), 2007 Ord 2006 -07 § 26, 2006 Ord 2003 -74 § 1 (part), 2003) Section 2. Section 7 65 070 of the City of Yakima Municipal Code is amended to read as follows 7 65.070 Limitations on wastewater strength. A. National categorical pretreatment standards as adopted and hereafter amended or modified by the U S Environmental Protection Agency (EPA) pursuant to the Act shall be met by all dischargers of the regulated industrial categories The national categorical standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated B State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or any other applicable ordinance C The City may from time to time amend this chapter to provide for more stringent limitations or requirements on discharges to the POTW if such amendments are deemed necessary to comply with the objectives set forth in YMC 7.65.010, or are otherwise in the public interest. D No discharger shall dilute its waste stream with potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter E No discharger shall discharge waste -water containing concentrations (and /or mass limitations) that exceed any of the following local discharge limits unless prior written approval has been obtained from the Wastewater Division Pollutant Arsenic (As) 0 48 Cadmium (Cd) 0 049 Chloroform 0 67 Chromium (Cr) 5 0 Chromium (VI) 0 43 Copper (Cu) 0 30 Lead (Pb) 0 19 Mercury (Hg) 0 002 Molybdenum (Mo) 1 14 Nickel (Ni) 2 0 Selenium (Se) 0 419 Silver (Ag) 0 06 Sulfide (liquid phase) 0 5 Zinc (Zn) 4 2 beta -BHC 0 01516 Endosulfan 0 06964 Endrin 0 00383 alpha - Chlordane 0 00716 gamma - Chlordane 0 00367 Chlorpyrifos 0 01298 Lindane 0 13324 Benzene 0 05 BTEX 0 75 (1) All pollutants are analyzed and reported as total mg /L. (2) BTEX is the sum of the measured concentrations of Benzene, Toluene, Ethylbenzene and Xylene (3) These pollutants are based upon treatment technology (air stripping /carbon capture) and are developed for discharges from groundwater cleanup or remediation activities or other effluents containing Benzene and /or BTEX and requiring the installation of treatment. The above limits apply at the point where the wastewater is discharged to the POTW All concentrations for metallic substances are for "total" metal unless indicated otherwise An industrial user, through enforcement action and /or permit compliance schedule, may be required to install treatment or otherwise reduce or halt a discharge of a pollutant to maintain compliance with Pretreatment Standards and Requirements and prevent interference with the operation of the POTW, pass through and adverse effects on the quality of the receiving waters, contamination of municipal biosolids, health and safety hazards to workers in the POTW, or violations of applicable federal or state regulations The City may impose mass limitations on discharges in cases where necessary to be consistent with federal categorical pretreatment standards Where a discharger is subject to a Categorical Pretreatment Standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply The City may establish more stringent pollutant limits, mass -based limits, additional site - specific pollutant limits, Best Management Practices, or additional Pretreatment Requirements when, in the judgment of the City, such limitations are necessary to implement the provisions of this Chapter F All known, available and reasonable methods of pretreatment, in accordance with RCW 90 48 010 and WAC 173 - 216- 020(1), shall be used by a discharger to bring into compliance a wastewater discharge that does not comply with standards set forth in this chapter G The City reserves the right to enter into special agreements with industrial dischargers setting out special terms under which they may discharge wastewater to the POTW In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial discharger may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403 15 They may also request a variance in accordance with 40 CFR 403 13 from the categorical pretreatment standard from EPA. Such a request will be approved only if the industrial discharger can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard An industrial discharger requesting a fundamentally different factor variance must comply with the procedural and substantive provision in 40 CFR 403 13 (Ord 2006 -07 § 27, 2006 Ord 2003 -74 § 1 (part), 2003) Section 3. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 14th day of December, 2010 CITY OF YAKIMA, WASHINGTON 1.1 Micah Cawley ra ATTEST 41-46 City Clerk Publication Date 12/17/10 Effective Date 1/16/11 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 2- For Meeting Of December 14, 2010 ITEM TITLE. Request for Council Action to amend, by ordinance, Chapter 7 65 Sewer Use and Pretreatment Regulations to incorporate mandated Local Limit revisions SUBMITTED BY Dave Zabel!, Assistant City Manager Scott Schafer, Wastewater Manager CONTACT PERSON/TELEPHONE Arlene Carter, 249 -6816 SUMMARY EXPLANATION. Local limits are developed to reflect specific needs and capabilities at Publicly Owned Treatment Works (POTWs) and designed to protect receiving waters Local limits are needed when pollutants are received that could result in pass- through or interference at the POTW EPA regulation 40 CFR 403 8(f)(4) states that delegated Pretreatment Programs must develop local limits • Section S6 D of the City of Yakima's National Pollutant Discharge Elimination System (NPDES) Waste Discharge Permit # WA- 002402 -3 as issued by the Department of Ecology (Ecology), requires the City of Yakima to develop and evaluate local limits for pollutants discharged to the POTW The local limits are based on actual discharge characteristics of current loadings for each parameter in order to prevent pass- through or interference to the POTW Upon determination by Ecology that any pollutant present that may have the potential to cause pass - through or interference, or exceeds (Continued on next page) Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVED FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Staff respectfully requests City Council to amend, by ordinance, Chapter 7 65 Sewer Use and Pretreatment Regulations BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION (Continued from page 1) 411 established sludge standards, the Permittee shall establish new local limits or revise existing local limits as required by 40 CFR 403 5 In addition, Ecology may require revision or establishment of local limits for any pollutant discharged from the POTW that has a reasonable potential to exceed the Water Quality Standards, Sediment Standards, or established effluent limits, or causes whole effluent toxicity Ecology has determined such a review is required of the City for incorporation into the City's NPDES Permit cycle beginning June 30, 2011 The City notified and worked with industrial dischargers to the POTW The City of Union Gap and Terrace Heights Sewer District were also notified, as outlined in the 4 -Party Agreement, to adopt an ordinance at least as stringent as the City of Yakima Public notice was issued in the Yakima Herald newspaper on October 22, 2010 and concluded on November 22, 2010 No comments were received In order to protect the operations and to ensure that POTW discharges comply with State and Federal Requirements, wastewater staff respectfully requests City Council consideration and approval to amend Chapter 7 65 Sewer Use and Pretreatment Regulations of the Yakima Municipal Code • • Chlnrobenzene Chloroform 6,0 0.67 Chromium (Cr) 5 0 Chromium (VI) 0.43 Copper (Cu) 2.0 0.30 o Cresol 200,0 m Crccot 200-0 p Crccol 200.0 Cyanide (total) (CN) 4-5 1,4 Dicholorobenzcne 1,2 Dichloroethanc 0,5 2,'l Dinitrnt ,lone 94 Ethyl Benzene 4,4 H evanhlornhen:ene 0 0.. Lead (Pb) 5-0 0.19 Mercury (Hg) 0,2 0.002 • Molybdenum (Mo) 1.14 1-7 Methyl Ethyl Ketone 200 Nickel (Ni) 2 0 N itrobenzene Pentach18rophenol 2.9 Selenium (Se) 1,0 0.419 Silver (Ag) 5:0 0.06 Sulfide (liquid phase) 0 5 Toluene 1-4 - - - - - - _ 0.004 300-0 2-0 Vinyl Chloride 0 -0(14 Xylene a-4 Zinc (Zn) 5-0 4.2 beta -BHC 0.01516 Endosulfan 0.06964 Endrin 0.00383 alpha - Chlordane 0.00716 • gamma- Chlordane 0.00367 Chlorpyrifos 0.01298 Lindane 0.13324 Benzene 0.05 BTEX 0.75 (1) All pollutants are analyzed and reported as total mg/L. (2) BTEX is the sum of the measured concentrations of Benzene, Toluene, Ethylbenzene and Xylene. (3) These pollutants are based upon treatment technology (air stripping /carbon capture) and are developed for discharges from groundwater cleanup or remediation activities or other effluents containing Benzene and /or BTEX and requiring the installation of treatment. {1) "0.0" shall mean lest than the m an dotcction limit (MDL) cf th. t- chniqucs prescribed in _ - -- - - . I a _ . .- -- -- - -- - ' - - - - - - -- - ' -- - -- app ro v ed by the EPC "'NN' The above limits apply at the point where the wastewater is discharged to the POTW All concentrations for metallic substances are for "total" metal unless indicated otherwise An industrial user, through enforcement action and /or permit compliance schedule, may be required to install treatment or otherwise reduce or halt a discharge of a pollutant to maintain compliance with Pretreatment Standards and Requirements and - - - - - _ = _ - = _ - - necessary to prevent interference with the operation of the POTW, pass through and adverse effects on the quality of the receiving waters, contamination of municipal biosolids, health and safety hazards to workers in the POTW, or violations of applicable federal or state regulations The eCity may impose mass limitations on discharges in cases where necessary to be consistent with federal categorical pretreatment standards_, e - _ _ _ . _ _ - - ' - - . - - e e e • . Where a discharger is subject to a eCategorical pPretreatment sStandard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply The City may establish more stringent pollutant limits, mass -based limits, additional site - specific pollutant limits, Best Management Practices, or additional Pretreatment Requirements when, in the judgment of the City, such limitations are necessary to implement the provisions of this Chapter. The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on disch to the POT\N F All known, available and reasonable methods of pretreatment, in accordance with RCW 90 48 010 and WAC 173 - 216- 020(1), shall be used by a discharger to bring into compliance a wastewater discharge that does not comply with standards set forth in this chapter I G The eCity reserves the right to enter into special agreements with industrial dischargers setting out special terms under which they may discharge wastewater to the POTW In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial discharger may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403 15 They may also request a variance in accordance with 40 CFR 403 13 from the categorical pretreatment standard from EPA. Such a request will be approved only if the industrial discharger can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment