HomeMy WebLinkAbout01-23-17 CC Mtg - A6. Ordinance 1923 Provisional, Wastewater and Treatment UpdatesCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Craig Woolard, Director of Public Works
Tim Cooper, Assistant City Attorney
SUBJECT: Provisional Adoption of Ordinance No. 1923, Revising Chapter
40, Article 3, Division 3, Wastewater Collection and Treatment
System.
AGENDA ITEM TYPE: Action
MEETING DATE: January 23, 2017
RECOMMENDATION: Provisionally Adopt Ordinance No. 1923 amending the Bozeman
Municipal Code to comply with all applicable state and federal laws required by the Clean Water
Act and the General Pretreatment Regulations.
BACKGROUND: The City of Bozeman’s regulations in the Bozeman Municipal Code need to
be amended to provide for the implementation and enforcement of the City’s pretreatment
program. The attached ordinance meets all current state and federal laws and regulations.
The staff earlier revised the City’s pretreatment ordinance to provide the City with the legal
authority to enforce pretreatment permits and comply with the latest EPA pretreatment regulations.
Ordinance number 1923 was brought to the Commission in October, 2015, at which time it was
provisionally adopted. The EPA subsequently conducted a supplemental review of the entire
ordinance against the current Code of Federal Regulations, and required revisions to several
provisions in our program. Ordinance number 1923 was not brought back to the Commission for
second reading, and was therefore not finally passed and approved. Staff revised the ordinance to
include the required revisions and submitted the same to the EPA in August, 2016. In October,
2016, the EPA approved the ordinance change.
Upon provisional adoption of the ordinance the EPA will begin a public notice process. A second
read cannot occur until 30 days or more after first hearing.
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FISCAL EFFECTS: Proposed ordinance change clarifies requirements. Staff does not
anticipate any increase in compliance costs beyond what is currently required.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Ordinance No. 1923
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ORDINANCE NO. 1923
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT SECTION 40.03.330 AND CHAPTER 40, ARTICLE 3,
DIVISION 3, OF THE BOZEMAN MUNICIPAL CODE, WASTEWATER COLLECTION
AND TREATMENT SYSTEM, BE AMENDED TO COMPLY WITH NEW AND
AMENDED FEDERAL PRETREATMENT REGULATIONS.
WHEREAS, Chapter 40, Article 3, Division 3 of the Bozeman Municipal Code, Wastewater
Collection and Treatment System, sets forth requirements for direct and indirect contributors into the
City’s wastewater collection and treatment system and enables the City to comply with all
applicable state and federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR, Part 403); and
WHEREAS, it is necessary to adopt new or revised provisions to implement and enforce a
pretreatment program that fulfills requirements set forth in the Code of Federal Regulations;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That Section 40.03.330 of the Bozeman Municipal Code be amended, so that such section
shall read as follows:
Sec. 40.03.330. - Waiver of regulations; conditions.
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In any case where compliance with any of these the rules in this division introduces unusual
difficulty, such rule may be temporarily waived by the director of public works upon application
of the utility or the customer. Nothing herein shall authorize a waiver of any of the requirements
of Division 3, Wastewater Collection and Treatment System, §40.03.900 et seq.
Section 2
That Section 40.03.900 of the Bozeman Municipal Code be amended, so that such section
shall read as follows:
Sec. 40.03.900. - Purpose and policy.
A. This division sets forth uniform requirements for direct and indirect contributors into the
wastewater collection and treatment system for the city Users of the Publicly Owned Treatment
Works for the City of Bozeman and enables the city to comply with all applicable state and
federal laws, including the Clean Water Act (33 United States Code section 1251 et seq.) and the
General Pretreatment Regulations (Title 40 of the Code of Federal Regulations Part 403).
B. The objectives of this division are:
1. To prevent the introduction of pollutants into the municipal wastewater system
which Publicly Owned Treatment Works that will interfere with the its operation of the system
or contaminate the resulting sludge;
2. To prevent the introduction of pollutants into the municipal wastewater system
which Public Owned Treatment Works that will pass through the system Public Owned
Treatment Works, inadequately treated, into receiving waters or the atmosphere or otherwise be
incompatible with the system Public Owned Treatment Works;
3. To improve the opportunity to recycle and reclaim wastewaters and sludges from the
system; and To protect both Publicly Owned Treatment Works personnel who may be affected
by wastewater and sludge in the course of their employment and the general public;
3 4. To improve the opportunity to recycle and reclaim promote reuse and recycling
of wastewater and sludge from the system Publicly Owned Treatment Works; and
4 5. To provide for fees for the equitable distribution of the cost of the municipal wastewater
system operation, maintenance, and improvement of the Publicly Owned Treatment Works; and
6. To enable the city to comply with its Montana Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements, and any other Federal or State laws to
which the Publicly Owned Treatment Works is subject.
C. This division provides for the regulation of direct and indirect contributors to the
municipal wastewater system through the issuance of permits to certain nondomestic users and
through enforcement of general requirements for the other users, authorizes monitoring and
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enforcement activities, requires user reporting, assumes that existing customer's capacity will not
be preempted, and provides for the setting of fees for the equitable distribution of costs resulting
from the program established herein.
Section 3
That Section 40.03.910 of the Bozeman Municipal Code be amended, so that such section
shall read as follows:
Sec. 40.03.910. – Definitions.
A. The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
1. "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the
Clean Water Act (CWA), as amended, title 33, ch. 26, USC 33 U.S.C. 1251 et seq.
2. “Approval Authority” means the Director in an NPDES State with an approved State
pretreatment program and the appropriate Regional Administrator in a non-NPDES State
or NPDES State without an approved State pretreatment program.
2 3. "Authorized representative of industrial user" means:
a. A principal executive officer or an officer of at least the level of vice-president, if the
industrial user is a corporation A president, secretary, treasurer, or vice-president of
the corporation in charge of a principal business function, or any other person who
performs similar policy- or decision-making functions for the corporation; or the
manager of one or more manufacturing, production, or operating facilities, provided
the manager is authorized to make management decisions which govern the
operation of the regulated facility, including having the explicit or implicit duty of
making major capital investment recommendations, and initiate and direct other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
b. A general partner or proprietor if the industrial user is a partnership or proprietorship,
respectively;
c. A duly authorized representative of the individual designated in subsections a and b
of this definition if such representative is responsible for the overall operation of the
facilities from which the indirect discharge originates.
3 4. "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure, five days
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at 20 degrees Celsius expressed in terms of weight and concentration (milligrams per liter
(mg/l)).
5. “Best Management Practices (BMPs)” means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw materials storage.
4 6. "Building drain" means that part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other polluted waters in drainage pipes
inside the walls of buildings and conveys it to the building sewer, beginning five feet
outside the inner face of the building wall.
5 7. "Building sewer" means the extension from the building drain to the public sewer or other
place of disposal.
6 8. "Bypass" means the diversion of waste streams from any portion of an industrial user's
treatment facility directly to the publicly owned treatment works (POTW).
9. "Categorical Industrial User” means an Industrial User subject to a categorical
Pretreatment Standard or categorical Standard.
7 10. “Categorical Pretreatment or Categorical Standards" means National Categorical
Pretreatment Standards or pretreatment standard any regulation containing pollutant
discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the
Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in
40 CFR Chapter I, Subchapter N, Parts 405-471.
8 11. "Combined sewer" means a sewer receiving both surface runoff and sewage.
12. “Control Authority” refers to the City of Bozeman.
9 13. "Cooling water" means the water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat.
10. “Direct discharge” means the discharge of treated or untreated wastewater directly to
the waters of the state of Montana.
11. “Engineer” means the city engineer, or the city engineer’s authorized deputy, agent or
representative.
12 14. "Estimated maximum daily discharge" means the greatest discharge into the sewerage
system which it is estimated will occur in any one 24-hour day during the year.
13 15. "Garbage" means solid wastes from the preparation, cooking and dispensing of food,
and from the handling, storage and sale of produce.
14 16. "Grab sample" means 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.
15 17. "Holding tank waste" means any waste from holding tanks such as chemical toilets,
campers, trailers, septic tanks and vacuum pump tank trucks.
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16 18. "Indirect discharge" means the discharge or the introduction of nondomestic pollutants
from any source regulated under section 307(b), or (c) or (d) of the Act, (33 USC 1317),
into the POTW.
17 19. "Industrial user" means any user that discharge wastewater other than domestic wastes
from industrial or commercial processes a source of Indirect Discharge.
18 20. "Industrial wastes" means the liquid wastes from industrial processes, as distinct from
sanitary sewage.
19 21. "Interference" means a Discharge which, alone or in conjunction with a discharge or
discharges from other sources, the inhibition or disruption of both: (a) inhibits or disrupts
the POTW, its treatment processes or operations, or its sludge processes, use or disposal;
and (b) therefore, which contributes to is a cause of a violation of any requirement of
the city's POTW’s NPDES permit (including an increase in the magnitude or duration of
a violation) . The term includes or of the prevention of sewage sludge use or disposal in
compliance with the following statutory provisions and regulations or permits issued
thereunder (or more stringent State or local regulations): by the POTW in accordance
with Section 405 of the Clean Water Act; (33 USC 1345) or any criteria, guidelines or
regulations developed pursuant to 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 Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act, or more stringent state
criteria (including those contained in any state sludge management plan prepared
pursuant to title IV of SWDA) applicable to the method of disposal or use employed by
the POTW.
20 . "National Categorical Pretreatment Standard" or "pretreatment standard" means any
regulation containing pollutant discharge limits promulgated in accordance with section
307(b) and (c) of the Act (33 USC 1347) which applies to a specific category of industrial
users.
21 22. "National Pollution Discharge Elimination System permit" or "NPDES permit" means
a permit issued pursuant to section 402 of the Act (33 USC 1342).
23. "National Pretreatment Standard, Pretreatment Standard, or Standard” means any
regulation containing pollutant discharge limits promulgated by the EPA in accordance
with section 307 (b) and (c) of the Act, which applies to Industrial Users. This term
includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
22 . "National Prohibitive Discharge Standard" or "Prohibitive Discharge Standard" means
any regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5, as
amended.
23 24. "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body
of surface water or groundwater.
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24 25. "New source:" means any source, the construction of which is commenced after the
publication of proposed regulations prescribing section 307(c) (33 USC 1317), Categorical
Pretreatment Standard, which will be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where the standard is
promulgated later than 120 days after proposal, a new source means any source, the
construction of which is commenced after the date of promulgation of the standard (a) The
term “New Source” means any building, structure, facility or installation from which there is
or may be a Discharge of pollutants, the construction of which commenced after the
publication of proposed Pretreatment Standards under section 307(c) of the Act which will
be applicable to such source if such Standards are thereafter promulgated in accordance with
that section, provided that:
(i) The building, structure, facility or installation is constructed at a site at which no other
source is located; or
(ii) The building, structure, facility or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
(iii) The production or wastewater generating processes of the building, structure, facility or
installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent to which the new facility
is engaged in the same general type of activity as the existing source should be considered.
(b) Construction on a site at which an existing source is located results in a modification
rather than a New Source if the construction does not create a new building, structure,
facility or installation meeting the criteria of paragraphs (m)(1)(ii) or (m)(1)(iii) of this
section, but otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a new source as defined under this paragraph has commenced if the
owner or operator has:
(i) Begun, or caused to begin as part of a continuous onsite construction program:
(A) Any placement, assembly, or installation of facilities or equipment; or
(B) Significant site preparation work including clearing, excavation, or removal of existing
buildings, structures, or facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within a reasonable time. Options to
purchase or contracts which can be terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies do not constitute a contractual
obligation under this paragraph.
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25 26. "Pass-through" means a discharge which exits the POTW into waters of the state in
quantities or concentrations which alone or in conjunction with a discharge or discharges
from other sources, is a cause of a violation of any requirement of the POTW's NPDES
permit (including an increase in the magnitude or duration of a violation).
27. "Person" means any individual, business association, partnership, corporation, or other
legal entity.
26 28. "pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions
expressed in grams per liter of solution.
27 29. "Pollutant" means any dredged spoil, solid waste, incinerator residue, wastewater, garbage,
sewage sludge, munitions, chemical wastes, biological material, radioactive material, heat,
wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and
agricultural waste discharge into water.
28 30. "Pollution" means the manmade or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
29 31. "POTW treatment plant" means that portion of the POTW which is designed to provide
treatment (including recycling and reclamation) to wastewater of municipal sewage and
industrial waste.
30 32. "Pretreatment" or "treatment" means 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 can be obtained by physical, chemical or biological
processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).
33. “Pretreatment requirements” means any substantive or procedural requirement related to
Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.
31 34. "Properly shredded garbage" means the wastes from the preparation, cooking and
dispensing of foods that have been shredded to such a degree that all particles will be carried
freely under the flow conditions normally prevailing in public sewers, with no particle greater
than one-half inch in any dimension.
32 35. "Publicly owned treatment works (POTW)" means a treatment works as defined by section
212 of the Act (33 USC 1292) which is owned in this instance by the city a State or
municipality (as defined by section 502(4) of the Act). This definition includes any sewers
that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or
other conveyances not connected to a facility providing treatment. For the purposes of this
division, POTW shall also include any sewers that convey wastewaters to the POTW from
persons outside the city who are, by permit, contract or agreement with the city, users of the
city's POTW. This definition includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also
includes sewers, pipes and other conveyances only if they convey wastewater to a POTW
Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act,
which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment
works.
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33 36. "Public sewer" means a sewer in which all owners of abutting properties have equal rights
and which is controlled by the city.
34 37. "Sanitary sewer" means a sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
35 38. "Severe property damage" means substantial physical damage to property, or significant
operational interference, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
36 39. "Sewer" means a pipe or conduit for carrying sewage.
37 40. "Significant industrial user." Except as provided in section 40.03.1130.C 40 CFR 403.3(v)
the term "significant industrial user" means:
a. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6
and 40 CFR ch. I, subch. N; and
b. Any other industrial user that 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); contributes a process wastestream which makes
up five percent or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or is designated as such by the Public Works Director 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.
38 41. "Slug discharges" means any nonroutine discharge, episodic in nature, including but not
limited to an accidental spill or a noncustomary 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.
39 42. "Standard Industrial Classification (SIC)" means a classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
40 43. "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and
drainage, but excludes sewage and polluted industrial wastes.
41 44. "Stormwater" means any flow occurring during or following any form of natural
precipitation and resulting therefrom.
42 45. "Suspended solids" means solids that either float on the surface or are in suspension in
water, sewage or other liquids, and which are removable by laboratory filtering.
43 46. "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in
regulations promulgated under the provisions of CWA 307(a) or other acts.
44 47. "Upset" means an incident, beyond the reasonable control of the industrial user, that causes
the user to be in unintentional and temporary noncompliance with categorical pretreatment
standards. Upsets do not include noncompliance caused by operational error, improperly
designed treatment facilities, lack of preventive maintenance, or careless or improper
operation.
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45 48. "User" means any person who contributes, causes or permits the contribution of wastewater
into the city's POTW.
46 49. "Wastewater" means the liquid and water carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities and institutions, together with such
groundwater, surface water and stormwater as may be present, whether treated or untreated,
which is contributed into or permitted to enter the POTW.
47 50. "Wastewater contribution permit" shall have the meaning as set forth in section 40.03.1130
48 51. "Watercourse" means a channel in which a flow of water occurs, either continuously or
intermittently.
49 52. "Waters of the state" means 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.
Section 4
That Section 40.03.930 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
Sec. 40.03.930. - Discharge prohibitions.
A. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or
wastewater which will cause pass-through or interfere with the operation or performance of
the POTW. These general prohibitions apply to all such users of a POTW whether or not the
user is subject to National Categorical Pretreatment Standards or any other national, state or
local pretreatment standard or requirements. A user may not contribute the following
substances to any POTW:
1. Any liquids, solids or gases which by reason of their nature or quantity are, or may be
sufficient either alone or by interaction with other substances to cause fire or explosion
or be injurious in any other way to the POTW or to the operation of the POTW including,
but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees
Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21.
Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketone, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides and any other substances which constitutes a
fire or explosion hazard;
2. Solid or viscous substances which may cause obstruction to the flow in a sewer or other
interference with the operation of the wastewater treatment facilities. Prohibited materials
include but are not limited to: fats, oils, grease, garbage with particles greater than one-
half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble
dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops,
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wastepaper, wood, plastics, paint, gas, tar, asphalt residues, residues from refining, or
processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
3. Unless authorized by the city Public Works Director, any wastewater having a pH less
than 6.0 5.0 or greater than 9.0 12.5, or wastewater having any other corrosive property
capable of causing damage or hazard to structures, equipment and/or personnel of the
POTW;
4. Any wastewater containing toxic pollutants in sufficient quantity, which either singly or
by interaction with other pollutants, injures or interferes with any wastewater treatment
process, constitutes a hazard to humans or animals, creates a toxic effect in the receiving
waters of the POTW, or exceeds the limitation set forth in a categorical pretreatment
standard. A toxic pollutant shall include but not be limited to any pollutant identified
pursuant to section 307(a) of the Act;
5. Any noxious or malodorous liquids, gases or solids which either singly or by interaction
with other wastes are sufficient to create a public nuisance or hazard to life, or which
create the presence of toxic gases, vapors or fumes within in the POTW in a quantity that
may cause acute worker health and safety problems, or are sufficient to prevent entry into
the sewers for maintenance and repair;
6. Any substance which may cause the POTW's effluent or any other product of the POTW
such as 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
POTW cause the POTW to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under section 405 and section 503 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 criteria applicable to the sludge management method being used;
7. Any substance which will cause the POTW to violate its NPDES and/or state disposal
system permit or the receiving water quality standards;
8. Any wastewater with objectionable color not removed in the treatment process, such as
but not limited to dye wastes and vegetable tanning solutions;
9. Any wastewater having a temperature that will cause the temperature of the wastewater
plant influent to exceed 40 degrees centigrade (104 degrees Fahrenheit) or will inhibit
biological activity of the wastewater treatment;
10. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow
rate and/or pollutant concentration which will cause interference to the POTW;
11. Any wastewater containing any radioactive wastes or isotopes of such half-life or
concentration as may exceed established limits;
12. Any septic tank pumpings or material taken from cesspools, privies or other sewage
treatment systems, unless approved by the city Public Works Director;
13. Any water or waste which may contain more than 25 parts per million, by weight, of fat,
oil or grease that is generated from a restaurant, commercial kitchen or similar facility.
Other users that discharge water or waste that contain fat, oil or grease may be determined
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to be a significant industrial user and subject to discharge limitations as determined by
the Public Works Director;
14. Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass-through;
15. Any trucked or hauled pollutants, except as may be approved by the Public Works
Director and at discharge points as may be designated by the city.
B. When it is determined that a user is contributing to the POTW, any of the above-enumerated
substances in such amounts as to interfere with the operation of the POTW, then the Public
Works Director shall:
1. Advise the user of the impact of the contribution on the POTW; and
2. Develop effluent limitation for such user to correct the interference with the POTW; and
3. Deny or condition new or increased contributions of pollutants, or changes in the nature
of pollutants, to the POTW by Industrial Users where such contributions do not meet
applicable Pretreatment Standards and Requirements or where such contributions would
cause the POTW to violate its NPDES permit.
C. Upon such notification, the user shall develop a pretreatment program and comply with the
conditions set forth in this division, particularly sections 40.03.1110 through 40.03.1200,
inclusive.
Section 5
That the Bozeman Municipal Code be amended by adding a section to be numbered,
40.03.1115, to read as follows:
40.03.1115 Local Limits
Pollutant limits for the following are established periodically to protect against pass
through and interference. No User shall discharge wastewater containing in excess of the
allowable discharge limits as established by City Commission Resolution for the following
parameters: arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium,
silver, zinc.
The 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. The
Public Works Director may impose mass limitations in addition to, or in place of, concentration-
based limitations. The Public Works Director may develop BMPs in individual wastewater
discharge permits to implement Local Limits or other requirements of this division. Such BMPs
shall be considered local limits and Pretreatment Standards for the purposes of this part and
section 307(d) of the Act.
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The City reserves the right to establish, by ordinance, resolution or in individual wastewater
discharge permits, more stringent Standards or Requirements on discharges to the POTW
consistent with the purpose of this ordinance.
No User shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or
Requirement. The Public Works Director may impose mass limitations on Users who are using
dilution to meet applicable Pretreatment Standards or Requirements, or in other cases when the
imposition of mass limitations is appropriate.
Section 6
That Section 40.03.1130 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
Sec. 40.03.1130. - Industrial discharge permit. The City is authorized to control through
Permit, order, or similar means, the contribution to the POTW by each Industrial User to ensure
compliance with applicable Pretreatment Standards and Requirements. In the case of Industrial
Users identified as significant under 40 CFR §403.3(v), this control shall be achieved through
individual permits or equivalent individual control mechanisms issued to each such User.
A. A significant industrial user shall obtain an industrial discharge permit renewable every three
years for a period not to exceed five years at the initial cost of $100.00 and a renewal fee of
$50.00 if the user:
1. Is subject to National Categorical Pretreatment Standards; or
2. Is determined by the Public Works Director to have significant impact, either singly or in
combination with other contributing industrial users, on the quality of the wastewater
treatment plant's effluent, sludge, scum or residues, or such that interference with the
treatment process or facilities would result.
B. Existing significant industrial users shall apply for a wastewater discharge permit within 60
days after the effective date of the ordinance codified in this division and proposed new
significant industrial users shall apply at least 60 days prior to discharging into the wastewater
utility. The application shall include a statement regarding whether or not applicable
pretreatment standards are being met on a consistent basis, and, if not, what additional
operation and maintenance and/or additional pretreatment is required to meet the standards.
C. The Public Works Director may at any time, and in accordance with 40 CFR 403.8(f)(6)
403.3(v)(3), determine that an industrial user meeting the criteria of section
40.03.910.A.37 42(b) is not a significant industrial user if the user has no reasonable potential
for adversely affecting the POTW's operation or for violating any pretreatment standard or
requirement.
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D. Industrial wastewater permits are subject to all provisions of this division and all other
applicable reports, regulations, user charges and fees established by the city. Permits may must
contain, without limitation, the following:
1. A statement of duration;
2. A statement of nontransferability without prior notification to the Public Works Director
and without a copy of the existing discharge permit being provided to the new owner or
operator;
3. Effluent limits, including Best Management Practices based on applicable general
pretreatment standards, categorical pretreatment standards, local limits, and state and
local law;
4. Limits on average and maximum rate and time of discharge or requirements for flow
regulation and equalization;
5. Schedules for installation of pretreatment equipment to bring discharge into compliance
with applicable regulations;
6. Requirements for installation and maintenance of inspection and sampling facilities;
7. Specifications for monitoring programs that include sampling locations; frequency of
sampling; number, type and standards for tests; and reporting schedules;
8. Requirements for submission of technical reports, discharge reports and compliance
progress report;
9. Requirements for maintaining and retaining records relating to wastewater discharge as
specified by the city and affording city access thereto;
10. Requirements for notification of the city to the new introduction of wastewater
constituents or any change in character of the wastewater constituents or average volume
being introduced into the wastewater utility;
11. A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such schedules
may not extend the compliance date beyond applicable federal deadlines; and
12. Other conditions as deemed necessary by the engineer in order to enforce the provisions
of this division Requirement to control slug discharges, if determined by the Public
Works Director to be necessary; and
12 13. Other conditions as deemed necessary by the Public Works Director in order to enforce
the provisions of this division.
E. The Public Works Director shall issue industrial discharge permits for a specified time period
not to exceed two five years. The industrial user shall apply for permit reissuance at least 30
days prior to the expiration of the user's existing permit. The terms and conditions for the
permit may be subject to modification by the Public Works Director during the term of the
permit if limitations or requirements are modified, if necessary to meet requirements of the
city's MPDES discharge permit to accommodate new or increased contributions of wastewater
or changes in the nature of the wastewater, or if there is other good cause. Any changes or
new conditions in the permit shall include a reasonable time schedule for compliance.
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F. An applicant for a permit shall pay the prescribed fees.
G. A wastewater discharge permit may not be sold, traded, assigned, transferred or sublet. Any
new significant industrial user must obtain a wastewater discharge permit regardless of
whether a permit previously existed for the same premises.
Section 7
That Section 40.03.1150 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
Sec. 40.03.1150. - Sampling, analysis and inspection.
A. All industrial users shall obtain the Public Works Director's approval for all sampling and
measuring equipment prior to its installation or use. All measuring, test and analyses and all
sampling that the industrial user is required to make shall be done at the user's own expense.
B. All industrial users shall make all measurements, tests, sampling and analyses required by this
division in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto.
The Public Works Director may direct an industrial user to deliver a split sample to a
designated laboratory for analytical verification.
C. The Public Works Director shall determine the frequency of sampling, measuring and
analyses and include them as conditions of the user's industrial discharge permit. The Public
Works Director may impose mass limitations on industrial users that use flow equalization to
meet applicable standards or requirements or in other cases where imposition of mass
limitations are appropriate.
D. The city may place upon the industrial user's property such devices as are necessary to conduct
sampling inspection, compliance monitoring and/or metering operations.
E. Sampling and analysis may be performed by the city in lieu of the industrial user. Where the
city itself collects all the information required for the report, the industrial user may be
excused from submitting duplicate test data results.
F. The city may randomly sample and analyze the effluent from industrial users and conduct
surveillance activities in order to identify, independent of information supplied by the
industrial users, occasional and continuing noncompliance with pretreatment standards.
G. The city shall inspect and sample the effluent from each significant industrial user at least
once a year.
H. 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. Proper chain of custody documentation shall be
provided for samples.
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I. Except as indicated in Section J and K 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 Public Works Director. Where
time-proportional composite sampling or grab sampling is authorized by the City, the samples
must be representative of the discharge. Using protocols (including appropriate preservation)
specified in 40 CFR 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.
J. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
K. For sampling required in support of baseline monitoring and 90-day compliance reports
required in 40 CFR 403.12(b) and (d), 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 Public Works Director may authorize a lower minimum. For the reports
required by paragraphs Section 6.4 (40 CFR 403.12(e) and 403.12(h)), the Industrial User is
required to collect the number of grab samples necessary to assess and assure compliance by
with applicable Pretreatment Standards and Requirements.
L. If an Industrial User subject to the reporting requirement of this section monitors any regulated
pollutant at the appropriate sampling location more frequently than required by the Control
Authority, using the procedure prescribed in this section, the results of this monitoring shall
be included in the report.
Section 8
That Section 40.03.1160 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
Sec. 40.03.1160. - Reporting and compliance requirements.
A. All significant industrial users required to meet categorical pretreatment standards must
submit the reports required in 40 CFR 403.12. All reports shall be based on sampling and
analysis performed during the period covered by the report, and performed in accordance with
the techniques described in 40 CFR part 136 and amendments thereto. All reports shall be
signed by an authorized representative of the industrial user and certified by a qualified
professional. All industrial users that have permits or that have the potential to discharge
prohibited substances or specific pollutants that may cause a significant impact on the POTW
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shall submit to the Public Works Director semiannual compliance reports at the times
designated on the permit, and containing information and data as required by the permit,
including but not limited to the following:
1. The name and address of the industrial user including the name of the operator and
owners;
2. Any environmental control permits held by or for the industrial user;
3. A brief description of the nature and average rate of production by the industrial user; and
Standard Industrial Classification of the operation carried out by the industrial user. This
description should include a schematic process diagram which indicates points of
Discharge to the POTW from the regulated processes;
4. A brief description of the Standard Industrial Classification of the operation carried out
by the industrial user;
5 4. Building plans or details that indicate all points of discharge to the city sewer system from
the regulated process;
5. New Sources: All new sources subject to existing categorical pretreatment
standards shall submit a report within ninety (90) days from the date of first discharge
demonstrating actual and continuing compliance with those standards.
6. The measured average daily and maximum daily flow, in gallons per day, to the POTW
from each of the following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined waste stream formula of 40
CFR 403.6(e). All flows shall be measured unless cost or feasibility justify allowing
a verifiable estimate of the flow;
Report on compliance with categorical pretreatment standard deadline: Within 90 days
following the date for final compliance with applicable categorical Pretreatment
Standards or in the case of a New Source following commencement of the introduction
of wastewater into the POTW, any Industrial User subject to Pretreatment Standards and
Requirements shall submit to the Control Authority a report containing the information
described in paragraphs _______ of this section. For Industrial Users subject to equivalent
mass or concentration limits established by the Control Authority in accordance with the
procedures in §__________, this report shall contain a reasonable measure of the User's
long term production rate. For all other Industrial Users subject to categorical
Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of
production (or other measure of operation), this report shall include the User's actual
production during the appropriate sampling period.
7. Nature and concentration of pollutants or materials prohibited in the discharge;
Measurement of pollutants.
a. The user shall identify the Pretreatment Standards applicable to each regulated process;
b. In addition, the User shall submit the results of sampling and analysis identifying the
nature and concentration (or mass, where required by the Standard or Control
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Authority) of regulated pollutants in the Discharge from each regulated process. Both
daily maximum and average concentration (or mass, where required) shall be
reported. The sample shall be representative of daily operations. In cases where the
Standard requires compliance with a Best Management Practice or pollution
prevention alternative, the User shall submit documentation as required by the
Control Authority or the applicable Standards to determine compliance with the
Standard;
c. The User shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph.
d. Samples should be taken immediately downstream from pretreatment facilities if such
exist or immediately downstream from the regulated process if no pretreatment
exists. If other wastewaters are mixed with the regulated wastewater prior to
pretreatment the User should measure the flows and concentrations necessary to
allow use of the combined wastestream formula of §403.6(e) in order to evaluate
compliance with the Pretreatment Standards. Where an alternate concentration or
mass limit has been calculated in accordance with §403.6(e) this adjusted limit along
with supporting data shall be submitted to the Control Authority;
e. Sampling and analysis shall be performed in accordance with the techniques prescribed
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 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 procedures suggested by the POTW or other parties,
approved by the Administrator;
f. The Control Authority may allow the submission of a baseline report which utilizes
only historical data so long as the data provides information sufficient to determine
the need for industrial pretreatment measures; (g) The baseline report shall indicate
the time, date and place, of sampling, and methods of analysis, and shall certify that
such sampling and analysis is representative of normal work cycles and expected
pollutant Discharges to the POTW;
8. A statement indicating whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance and/or additional pretreatment
is required for the industrial user to meet the requirements; and
Certification. A statement, reviewed by an authorized representative of the Industrial User
and certified to by a qualified professional, indicating whether Pretreatment Standards
are being met on a consistent basis, and, if not, whether additional operation and
maintenance (O and M) and/or additional Pretreatment is required for the Industrial User
to meet the Pretreatment Standards and Requirements; and
9. If additional pretreatment and/or operation and maintenance will be required to meet the
requirements, the industrial user shall supply the shortest schedule by which the industrial
user will provide such additional pretreatment and/or operation and maintenance.
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Compliance schedule. If additional pretreatment and/or O and M will be required to meet
the Pretreatment Standards; the shortest schedule by which the Industrial User will
provide such additional pretreatment and/or O and M. The completion date in this
schedule shall not be later than the compliance date established for the applicable
Pretreatment Standard.
a. Where the Industrial User's categorical Pretreatment Standard has been modified by a
removal allowance (§403.7), the combined wastestream formula (§403.6(e)), and/or
a Fundamentally Different Factors variance (§403.13) at the time the User submits
the require report, the information required by this section shall pertain to the
modified limits.
b. If the categorical Pretreatment Standard is modified by a removal allowance (§403.7),
the combined wastestream formula (§403.6(e)), and/or a Fundamentally Different
Factors variance (§403.13) after the User submits the report required by this section,
any necessary amendments to the information requested by this section shall be
submitted by the User to the Control Authority within 60 days after the modified
limit is approved.
10. Compliance schedule for meeting categorical Pretreatment Standards. The following
conditions shall apply to the schedule required by this section:
a. 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 Industrial User to meet the
applicable categorical Pretreatment Standards (e.g., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for major components,
commencing construction, completing construction, etc.).
b. No increment referred to in this section shall exceed 9 months.
c. Not later than 14 days following each date in the schedule and the final date for
compliance, the Industrial User shall submit a progress report to the Control
Authority including, at 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 Industrial User to return the construction to the schedule established. In no event
shall more than 9 months elapse between such progress reports to the Control
Authority.
11. If sampling performed by a User indicates a violation, the User must notify Public Works
Director within twenty-four (24) hours of becoming aware of the violation. The User
shall also repeat the sampling and analysis and submit the results of the repeat analysis to
Pretreatment Coordinator within thirty (30) days after becoming aware of the violation.
Resampling by the Industrial User is not required if the City performs sampling at the
User’s facility at least once a month, or if the City performs sampling at the User between
the time when the initial sampling was conducted and the time when the User or the City
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receives the results of this sampling, or if the City has performed the sampling and
analysis in lieu of the Industrial User.
B. All applications and reports submitted to the Industrial Wastewater Control Program must
contain the following certification statement and be signed as required in Sections (a), (b), (c),
or (d) below:
"I certify under penalty of law 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 gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those 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 false information including the possibility of fine and
imprisonment for knowing violations."
a) By a responsible corporate officer, if the Industrial User submitting the reports
is a corporation. For the purpose of this paragraph, a responsible corporate
officer means:
(i) a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy- or decision-making functions
for the corporation, or;
(ii) the manager of one or more manufacturing, production, or
operating facilities, provided the manager is authorized to make
management decisions which govern the operation of the regulated
facility, including having the explicit or implicit duty of making
major capital investment recommendations, and initiate and direct
other comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; can ensure
that the necessary systems are established or actions taken to
gather complete and accurate information for control mechanism
requirements; and where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures.
b) By a general partner or proprietor if the Industrial User submitting the reports
is a partnership or sole proprietorship, respectively.
c) The principal executive officer or director having responsibility for the
overall operation of the discharging facility if the Industrial User submitting
the reports is a Federal, State, or Local governmental entity, or their agents.
d) By a duly authorized representative of the individual designated in paragraph
(a), (b), or (c) of this section if:
(i) the authorization is made in writing by the individual described in
paragraph (a), (b), or (c);
(ii) the authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which
the Industrial Discharge originates, such as the position of plant
manager, operator of a well, or a well field superintendent, or a
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position of equivalent responsibility, or having overall
responsibility for environmental matters for the company; and
(iii) the written authorization is submitted to the City.
C. All significant users must investigate instances of noncompliance with Pretreatment Standards
and Requirements, as indicated in the reports and notices required under 40 CFR 403.12, or
indicated by analysis, inspection, and surveillance activities described in 40 CFR
403.8(f)(2)(v). Sample taking and analysis and the collection of other information shall be
performed with sufficient care to produce evidence admissible in enforcement proceedings or
in judicial actions.
B D. An All industrial users must comply with the public participation requirements of 40 CFR
part 25 in the enforcement of National Pretreatment Standards. These procedures shall include
provision for at least annual public notification in a newspaper(s) of general circulation that
provides meaningful public notice within the jurisdiction(s) served by the POTW of Industrial
Users which, at any time during the previous 12 months, were in significant noncompliance
with applicable Pretreatment requirements. For the purposes of this provision, an industrial
user is in significant noncompliance if its violation meets one or more of the following criteria:
1. Chronic violation of wastewater discharge limits, defined here as those in which 66
percent or more of all the measurements taken for the same pollutant parameter during a
six-month period exceed (by any magnitude) the daily maximum limit or the average
limit for the same pollutant parameter a numeric Pretreatment Standard or Requirement,
including instantaneous limits, as defined by 40 CFR 403.3(l);
2. Technical review criteria (TRC) violation, defined here as those in which 33 percent or
more of all the measurements taken for each the same pollutant parameter taken during a
six-month period equal or exceed the product of the daily maximum limit or the average
limit numeric Pretreatment Standard or Requirement including instantaneous limits, as
defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS,
fats, oil and grease, and 1.2 for all other pollutants except pH);
3. Any other violation of a pretreatment standard or requirement as defined by 40 CFR
403.3(1) effluent limit (daily maximum, or long-term average, instantaneous limit, or
narrative standard) that the engineer 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);
4. 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 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
5. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone
contained in a local control mechanism or enforcement order for starting construction,
completing construction or attaining final compliance;
6. Failure to provide, within 30 days after the due date, required reports such as baseline
monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance; and
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8. Any other violation or group of violations, which may include a violation of Best
Management Practices, which the city POTW determines will adversely affect the
operation or implementation of the local pretreatment program.
C E. The city may publish an annual public notification, in the largest daily newspaper published
in the municipality in which the POTW is located, of industrial users which, at any time during
the previous 12 months, were in significant noncompliance with applicable pretreatment
requirements.
D F. All industrial users shall notify the POTW, EPA Regional Waste Management Division
Director, and state hazardous waste authorities in writing of any discharge into the POTW of
a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part
261. Such notification shall be conducted in accordance with the provisions of 40 CFR
403.12(p).
E G. All industrial users shall promptly notify the POTW in advance of any substantial change in
the volume or character of pollutants in their discharge, including the listed or characteristic
hazardous wastes for which the industrial user has submitted initial notification under 40 CFR
403.12(p).
F H. Any industrial user submitting information to the city pursuant to this division may claim it
to be confidential if it demonstrates to the satisfaction of the Public Works Director that release
of such information would divulge information processes, or methods of production entitled
to protection as the user's trade secrets.
1. The user must assert such claim at the time of submission by stamping the words
"confidential business information" on each page containing such information. If no such
claim is made at the time of submission, the city may make information available to the
public without further notice.
2. Such confidential business information shall not be made available to the public, but the
city may use the information for determining compliance with this division.
3. Effluent or discharge data is not confidential.
4. The city may provide confidential business information to governmental agencies upon
written request for uses directly related to enforcement of this division, but, the city shall
not transmit the confidential information to any government agency until the city has
received written approval from the user.
G I. No person shall make any false statement, representation or certification, knowing it to be
false, in any application, record, plan, data or document filed or required to be maintained
pursuant to this division.
J. Notice of potential problems, including slug loading. All categorical and non-categorical
Industrial Users shall notify the POTW immediately of all discharges that could cause
problems to the POTW, including any slug loadings, as defined by §403.5(b), by the Industrial
User.
H K. No person shall falsify, tamper with or knowingly render inaccurate any monitoring device
or method required under this division.
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L. Users subject to the reporting requirements of this ordinance shall retain, and make available
for inspection and copying, all records of information obtained pursuant to any monitoring
activities required by this ordinance, and any additional records of information obtained
pursuant to monitoring activities undertaken by the User independent of such requirements.
Records shall include the date, exact place, method, and time of sampling, and the name of
the person(s) taking the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results of such analyses. These
records shall remain available for a period of at least three (3) years. This period shall be
automatically extended for the duration of any litigation concerning the User or the City, or
where the User has been specifically notified of a longer retention period by the Public Works
Director.
M. Any Industrial User and POTW subject to the reporting requirements established in this section
shall maintain records of all information resulting from any monitoring activities required by
this section, including documentation associated with Best Management Practices. Such
records shall include for all samples: (i) The date, exact place, method, and time of sampling
and the names of the person or persons taking the samples; (ii) The dates analyses were
performed; (iii) who performed the analyses; (iv) The analytical techniques/methods use; and
(v) the results of such analyses.
I N. The Public Works Director shall have access to records and wastewater testing facilities
during normal working hours of the user.
Section 9
That Section 40.03.1180 of the Bozeman Municipal Code be amended so that such section
shall read as follows:
Sec. 40.03.1180. - Upsets.
A. An industrial user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
1. An upset occurred and the industrial user can identify the cause of the upset;
2. The facility was at the time being operated in a prudent and workman-like manner and in
compliance with applicable operation and maintenance procedures;
3. The industrial user has submitted the following information to the POTW treatment plant
and the city within 24 hours of becoming aware of the upset (if this information is
provided orally, a written submission must be provided within five days):
a. A description of the indirect discharge and cause of noncompliance;
b. The period of noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue;
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c. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the
noncompliance.
B. In any enforcement proceeding, the industrial user seeking to establish an affirmative
defense for the occurrence of an upset shall have the burden of proof.
A. Definition. For the purposes of this section, Upset means an exceptional incident in which there
is unintentional and temporary noncompliance with categorical Pretreatment Standards
because of factors beyond the reasonable control of the Industrial User. An Upset does not
include noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless
or improper operation.
B. Effect of an upset. An Upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical Pretreatment Standards if the requirements of paragraph (C)
are met.
C. Conditions necessary for a demonstration of upset. An Industrial User who wishes to establish
the affirmative defense of Upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(1) An Upset occurred and the Industrial User can identify the cause(s) of the Upset;
(2) The facility was at the time being operated in a prudent and workman-like manner and in
compliance with applicable operation and maintenance procedures;
(3) The Industrial User has submitted the following information to the POTW and Control
Authority within 24 hours of becoming aware of the Upset (if this information is provided
orally, a written submission must be provided within five days):
(a) A description of the Indirect Discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue;
(c) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the
noncompliance.
D. Burden of proof. In any enforcement proceeding the Industrial User seeking to establish the
occurrence of an Upset shall have the burden of proof.
E. Reviewability of agency consideration of claims of upset. In the usual exercise of
prosecutorial discretion, Agency enforcement personnel should review any claims that non-
compliance was caused by an Upset. No determinations made in the course of the review
constitute final Agency action subject to judicial review. Industrial Users will have the
opportunity for a judicial determination on any claim of Upset only in an enforcement action
brought for noncompliance with categorical Pretreatment Standards.
F. User responsibility in case of upset. The Industrial User shall control production or all
Discharges to the extent necessary to maintain compliance with categorical Pretreatment
Standards upon reduction, loss, or failure of its treatment facility until the facility is restored
or an alternative method of treatment is provided. This requirement applies in the situation
where, among other things, the primary source of power of the treatment facility is reduced,
lost or fails.
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Section 10
That the Bozeman Municipal Code be amended by adding a section to be numbered,
40.03.1240, to read as follows:
Section 40.03.1240. - Notification of Violation.
When the Public Works Director finds that a User has violated, or continues to violate, any
provision of this division, an individual wastewater discharge permit, or a general permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, the Public Works Director
may serve upon that User a written Notice of Violation. Within (10) days of the receipt of such
notice, an explanation of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted by the User to the Public Works
Director. Submission of such a plan in no way relieves the User of liability for any violations
occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the
authority of the Public Works Director to take any action, including emergency actions or any
other enforcement action, without first issuing a Notice of Violation.
Section 11
That the Bozeman Municipal Code be amended by adding a section to be numbered,
40.03.1250 to read as follows:
Section 40.03.1250. - Consent Orders.
The Public Works Director may enter into Consent Orders, assurances of compliance, or other
similar documents establishing an agreement with any User responsible for noncompliance. Such
documents shall include specific action to be taken by the User to correct the noncompliance within
a time period specified by the document. Such documents shall have the same force and effect as
the administrative orders issued pursuant to Sections 40.03.1270 and 40.03.1280 and shall be
judicially enforceable.
Section 12
That the Bozeman Municipal Code be amended by adding a section to be numbered,
40.03.1260, to read as follows:
Section 40.03.1260. - Show Cause Hearing.
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The Public Works Director may order a User which has violated, or continues to violate, any
provision of this division, an individual wastewater discharge permit, or a general permit or order
issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Public
Works Director and show cause why the proposed enforcement action should not be taken. Notice
shall be served on the User specifying the time and place for the meeting, the proposed
enforcement action, the reasons for such action, and a request that the User show cause why the
proposed enforcement action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested) at least fourteen (14) days
prior to the hearing. Such notice may be served on any Authorized Representative of the User as
defined in Section 40.03.910.A and required by Section 40.03.1160. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action against the User.
Section 13
That the Bozeman Municipal Code be amended by adding a section to be numbered,
40.03.1270, to read as follows:
Section 40.03.1270. - Compliance Orders.
When the Public Works Director finds that a User has violated, or continues to violate, any
provision of this division, an individual wastewater discharge permit, or a general permit or order
issued hereunder, or any other Pretreatment Standard or Requirement, the Public Works Director
may issue an order to the User responsible for the discharge directing that the User come into
compliance within a specified time. If the User does not come into compliance within the time
provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants discharged to the sewer. A
compliance order may not extend the deadline for compliance established for a Pretreatment
Standard or Requirement, nor does a compliance order relieve the User of liability for any
violation, including any continuing violation. Issuance of a compliance order shall not be a bar
against, or a prerequisite for, taking any other action against the User.
Section 14
That the Bozeman Municipal Code be amended by adding a section to be numbered,
40.03.1280, to read as follows:
Section 40.03.1280. - Cease and Desist Orders.
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When the Public Works Director finds that a User has violated, or continues to violate, any
provision of this division, an individual wastewater discharge permit, or a general permit or order
issued hereunder, or any other Pretreatment Standard or Requirement, or that the User’s past
violations are likely to recur, the Public Works Director may issue an order to the User directing
it to cease and desist all such violations and directing the User to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation, including halting operations and/or
terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or
a prerequisite for, taking any other action against the User.
Section 15
That the Bozeman Municipal Code be amended by adding a section to be numbered,
40.03.1290, to read as follows:
Section 40.03.1290. - Administrative Fines.
A. When the Public Works Director finds that a User has violated, or continues to violate, any
provision of this division, an individual wastewater discharge permit, or a general permit or order
issued hereunder, or any other Pretreatment Standard or Requirement, the Public Works Director
may fine such User in an amount not to exceed one thousand dollars ($1,000.00) per day per
violation. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or
other long-term average discharge limits, fines shall be assessed for each day during the period of
violation.
B. Users desiring to dispute such fines must file a written request for the Public Works Director to
reconsider the fine along with full payment of the fine amount within thirty (30) days of being
notified of the fine. Where a request has merit, the Public Works Director may convene a hearing
on the matter. In the event the User’s appeal is successful, the payment, together with any interest
accruing thereto, shall be returned to the User. The Public Works Director may add the costs of
preparing administrative enforcement actions, such as notices and orders, to the fine.
C. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any
other action against the User.
Section 16
Repealer.
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All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this
ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the
City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and
effect.
Section 17
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were incurred or
proceedings that were begun before the effective date of this ordinance. All other provision of the
Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect.
Section 18
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of
this ordinance as a whole, or any part or provision thereof, other than the part so decided to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code
as a whole.
Section 19
Codification.
This ordinance shall be codified as indicated in Section 1 through Section 15.
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,
on first reading at a regular session held on the 23rd
day of January, 2017.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
______________, 2017. The effective date of this ordinance is __________, __, 2017.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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