Regular 6.
Regular City Council Meeting
- Meeting Date:
- 05/13/2013
- TITLE
- Public Hearing and First Reading of Ordinance Amending Billings Montana City Code (BMCC) Article 26-600, Industrial Waste Discharge
- PRESENTED BY:
- David Mumford
- Department:
- Public Works
Presentation:
Information
PROBLEM/ISSUE STATEMENT
The City’s industrial pretreatment program is published in the City Code (BMCC), Article 26-600 and was first adopted by the City Council in 1985. Since that initial adoption it has been modified several times. The last significant modification was approved in 1992 by the City Council and the United States Environmental Protection Agency (USEPA). This program controls substances discharged into the City’s sanitary sewer system by the City’s commercial and industrial customers. The proposed modifications are necessary for the City’s program to continue to meet USEPA standards. In addition to City Council approval, the ordinance must also be approved by the USEPA prior to enacting it. Some of the modifications to the ordinance include:
• Modification of the local limits for pollutants. These are limits which are more inclusive or restrictive than the national pretreatment standards and are calculated based on the City’s collection and treatment system.
• Updating and modifying the ordinance in keeping with the USEPA streamlining rule for pretreatment. This rule was designed to reduce the regulatory burden on both the pretreatment users of the sanitary system and the City of Billings.
• Updating and modifying the definitions section of the ordinance. This includes addressing the effect of one discharge in conjunction with other discharges (interference). The definitions also address biochemical oxygen demand (BOD) and cooling water.
• Expands and more clearly defines generally prohibited pollutants.
• Adopts best management practices as enforceable treatment standards.
• Clearly defines the City as the control authority authorized to implement the pretreatment regulations in the service area.
• Expands and updates the Industrial Discharge permits, permit revocation, enforcement and the record keeping sections of the ordinance.
• Modifies, updates, and more clearly defines significant non-compliance to the pretreatment program.
• Adds language to allow the City to modify Industrial Discharge permits.
• Addresses sludge discharges and/or accidental discharges that could violate the City’s regulations and permit conditions or otherwise interfere or be incompatible with the City’s system. It also addresses the subsequent notification and reporting of those discharges.
Staff provided a copy of the proposed changes to Article 26-600 to Council on April 17, 2013. Since that draft the local limits table in Section 26-604 (c) has been updated. No other modifications have been made to the document.
• Modification of the local limits for pollutants. These are limits which are more inclusive or restrictive than the national pretreatment standards and are calculated based on the City’s collection and treatment system.
• Updating and modifying the ordinance in keeping with the USEPA streamlining rule for pretreatment. This rule was designed to reduce the regulatory burden on both the pretreatment users of the sanitary system and the City of Billings.
• Updating and modifying the definitions section of the ordinance. This includes addressing the effect of one discharge in conjunction with other discharges (interference). The definitions also address biochemical oxygen demand (BOD) and cooling water.
• Expands and more clearly defines generally prohibited pollutants.
• Adopts best management practices as enforceable treatment standards.
• Clearly defines the City as the control authority authorized to implement the pretreatment regulations in the service area.
• Expands and updates the Industrial Discharge permits, permit revocation, enforcement and the record keeping sections of the ordinance.
• Modifies, updates, and more clearly defines significant non-compliance to the pretreatment program.
• Adds language to allow the City to modify Industrial Discharge permits.
• Addresses sludge discharges and/or accidental discharges that could violate the City’s regulations and permit conditions or otherwise interfere or be incompatible with the City’s system. It also addresses the subsequent notification and reporting of those discharges.
Staff provided a copy of the proposed changes to Article 26-600 to Council on April 17, 2013. Since that draft the local limits table in Section 26-604 (c) has been updated. No other modifications have been made to the document.
ALTERNATIVES ANALYZED
City Council may approve or not approve the ordinance amending BMCC Article 26-600, Industrial Waste Discharge on first reading.
• Approving the ordinance will modify and update Article 26-600 of the BMCC to be in compliance with current USEPA standards and requirements for pretreatment.
• Not approving the ordinance won't update the pretreatment program to current USEPA standards and will not allow certain Significant Industrial Users (SIUs) to discharge into the City’s wastewater collection system in the future.
• Approving the ordinance will modify and update Article 26-600 of the BMCC to be in compliance with current USEPA standards and requirements for pretreatment.
• Not approving the ordinance won't update the pretreatment program to current USEPA standards and will not allow certain Significant Industrial Users (SIUs) to discharge into the City’s wastewater collection system in the future.
FINANCIAL IMPACT
There is no direct budget/financial impact from this action.
RECOMMENDATION
Staff recommends that Council hold a public hearing and approve this ordinance on first reading which amends City Code Article 26-600, Industrial Waste Discharge, conditioned on approval by the USEPA.