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Home My WebLink AboutORD NO 2853EMERGENCY ORDINANCE NO. 2853 NEW SERIES; AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 14.12.080, 14.12.130, 14.12.220 B. 17., 14.12.220 B. 23., 14.12.240, 14.12.250, 14.12.300 A., 14.12.320, AND 14.12.420 OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO INDUSTRIAL WASTE DISCHARGE REGULATIONS. WHEREAS, applicable federal Environmental Protection Agency regulations require that local industrial waste discharge regulations be in compliance with EPA mandated requirements for local industrial waste pretreatment programs by July 1, 1983; and WHEREAS, it is necessary to adopt regulations applicable to the City industrial waste pretreatment program as an emergency ordinance in order to protect: the public welfare and property. NOW, THEREFORE, BE IT ORDAINED by the Council. of the City of Bakersfield as follows: SECTION 1. Section 14.12.080 of the Bakersfield Municipal Code is hereby amended by adding thereto subsection D. to read as follows: 14.12.080 Notice - Servin~_~guirements. D. Once each year the City Engineer shall make public a list of all industrial dischargers who during the previous 12 months were not in compliance with applicable pretreatment limita- tions or standards and a summary of enforcement actions; taken. This shall be accomplished by causing the information to be published in the largest daily newspaper in the City in the last week of the month of January. SECTION 2. Section 14.12.130 of the Bakersfield Municipal Code is hereby amended by adding thereto subsection C. to read as follows: 14.12.130 Trade secrets. C. Notwithstanding the provisions of subsections A. and B. of this section, self-monitoring reports and all effluent data shall be available to the public. All other information submitted or which may be furnished to the City in connection with required periodic reports shall also be available to the public unless the industrial discharger satisfactorily demonstrates to the City Engineer that the disclosure of such information or a particular portion thereof would divulge trade secrets. SECTION 3. Section 14.12.220 B. 17. of the Bakersfield Municipal Code is hereby amended to read as follows: 14.12.220 Prohibited ~isch~rge~. B. 17. Any waste having a temperature of one hundred fifty degrees Fahrenheit (150°) or higher or which would result in influent temperatures at the treatment plant in excess of one hundred four degrees Fahrenheit (104°). SECTION 4. Section 14.12.220 B. 23. of the Bakersfield Municipal Code is hereby amended to read as follows: 14.12.220 Prohibited discharges. B. 23. Any wastes containing excessive quantities of iron, boron, chromium, phenols, plastic resins, copper, nickel, zinc, lead, mercury, cadmium, selenium, arsenic or any other objectionable materials toxic to humans, animals, the local environment or to biological or other wastewater treatment processes; in no event shall the below-specified limits be exceeded: ARSENIC 0.10 MG/L CYANIDE NICKEL 5.00 MG/L LEAD CADMIUM 0.10 MG/L MERCURY CHROMIUM 1.00 MG/L SILVER (Total) COPPER 1.00 MG/L TOTAL PHENOLS OR CRESOLS TOTAL CHLORINATED HYDROCARBONS 0.30 MG/L 1.00 MG/L 0.01 MG/L 0.10 MG/L ZINC 5.00 MG/L 0.10 MG/L 0.05 MG/L SECTION 5. Section 14.12.240 of the Bakersfield Municipal Code is hereby amended by amending subsection B. and by adding subsection D. to read as follows: 14.12.240 Discharge permit - Requirements generally. B. The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain waste- waters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge and such other conditions as may be required to effectuate the purpose of this chapter. Specific discharge limits, as specified in the Code of Federal Regulations, shall be included in each permit; provided, however, that if no such limit has been established, the city engineer shall ascertain the limit to be applied to the discharger and such limit shall be incorporated in the permit. Those limits set by the city engineer pursuant to Section 14.12.220 D. of this chapter shall be no less federal requirements. D. A schedule stringent than applicable state and for complying with any industrial effluent limitations, self-monitoring requirements or other requirements deemed necessary by the City Engineer to insure compliance with City, County, State or Federal rules and regula- tions shall be submitted to the City for approval. The City Engineer may require compliance schedule progress reports, a report on final compliance with effluent limitations and stan- dards, and periodic reports on continued compliance. SECTION 6. Section 14.12.250 of the Bakersfield Municipal Code is hereby amended by amending subsection B. and adding subsec- tion D. to read as follows: 14.12.250 Discharge permit ~ Application ~cedure Conditions for approval. B. Upon approval of the application, an industrial waste discharge permit will be issued and the application, plans, specifications and data (the an interim permit) submitted part of the discharge permit. compliance schedule in the case of in support will be considered as D. The city may require an annual report of monitoring activities, discharge data, copies of laboratory analyses, copies of manifests of liquid wastes removed by pumping trucks, and all other information deemed necessary by the City Engineer. Reports shall be signed by the signing official or contract official as designated on the permit application. SECTION 7. Section 14.12.300 A. of the Bakersfield Municipal Code is hereby amended to read as follows: 14.12.300 ~_retreatment - Dev3~es required. A. An industrial wastewater pretreatment system or device may be required by the City Engineer to treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the discharge to the sewer of certain waste constituents, to distribute more equally over a longer time period any peak discharges of industrial wastewaters or to accomplish any pretreatment result required by the City Engineer. All pretreatment systems or devices shall be approved by the City Engineer but such approval shall not absolve the industrial dis- charger of the responsibility for meeting any industrial effluent limitation required by the City including all applicable Federal, State and local limitations and requirements. In special cases, the City Engineer may require construction of sewer lines by the discharger to convey certain industrial wastes to a specific City trunk sewer. All pretreatment systems judged by the City Engineer to require engineering design shall have plans prepared and to require engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the state. In no case shall an industrial waste discharger be absolved of the responsibility of complying with applicable industrial waste discharge standards or requirements established by the State or local government or established by the federal government pursuant to Section 307 of the Clean Water Act, as amended or the federal pretreatment regulations promulgated pursuant 'to Section 307 This includes both existing standards or requirements and any standards or requirements which may be enacted or promulgated by the federal, state, or local government. SECTION 8. Section 14.12.320 of the Bakersfield Municipal Code is hereby amended by adding thereto subsection G. to read as follows: 14.12.320 ~ampling, analysis and flow measurements. G. Each industrial discharger, including those subject to self-monitoring and minimum of three years results and shall make reporting requirements, shall retain for a records of monitoring activities and such ~ecords available upon request for inspection and copying by inspectors and other authorized personnel of the City acting pursuant to Section 14.12.100 or otherwise pursuant to this chapter. Such records shall be retained during the pendency of any litigation regarding industrial discharge or for such additional periods as may be requested by County, State or Federal entities. SECTION 9. Section 14.12.420 of the Bakersfield Municipal Code is hereby amended by adding thereto subsection C. to read as follows: 14.12.420 Violation - Penal~y. C. In addition to any other remedy provided by law, including the remedy specified in Section 14.12.280 (revocation of permit and permanent disconnection), any violation of the provisions of or discharge of industrial waste contrary to the requirements of this chapter is determined and declare(] to be a public nuisance and may be abated and enjoined pursuant to the authority of Section 3491 of the California Civil Code.~ SECTION 10. This emergency ordinance is necessary for the immediate preservation of the public health, peacesproperty and safety and shall become effective immediately upon its passage. ......... o0o ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof following vote: held on the 22nd day of June, 1983, by the '~'~t.("~ ~ ~ CITY CLERK andvEx Officio Clerk of the Council of the City of Bakersfield APPROVED this 22nd day of June, 1983 ~O~/of t~ City of Bakersfield APPROVED as to Form: CI Y A~Y of~of Bakersfield AJS/bl 4-6-83 5-].0-83 6-].5-83 Aff auil of osl ng ( r uan es STATE OF CAL~FOR~L~, ~ County of Kern ~ ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa .......................J.an.e.....2~ .............................................................................,19.8.3... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..............~..u....n...~......2...~. .......................................................19......8....3.., which ordinance was numbere~ ............~..~..~..~ .....................New Series, and entitled: AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 14.12.080, 14.12.130, 14.12.220 B. 17. ,13.12.220 I~. 23. , 14.12.240, 14.12.250, 14.12.300 A., 14.12.320, AND 14.12.420 OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO INDUSTRIAL WASTE DISCHARGE RE GUL AT IONS. /City (~]erk ~ Subscribed and sworn to before me this 21th.... day of ..... Jun~..~ .........................,19..$.3.