(1) 
Short Title. Sections 4.001 through 4.085 of this code may be cited as the Industrial Pretreatment Code.
(2) 
The Industrial Pretreatment Code sets forth uniform requirements for users of the publicly owned treatment works for the City and enables the City to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code U.S.C. section 1251 et seq.), and the regulations promulgated pursuant to the Clean Water Act, including, but not limited to, and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations CFR, Part 403) and National Categorical Pretreatment Standards (40 CFR Chapter 1, Subchapter N).
(3) 
The objectives of the Industrial Pretreatment Code are:
(a) 
To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with the operation of the system or contaminate the resulting sludge;
(b) 
To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
(c) 
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;
(d) 
To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works; and
(e) 
To enable the City to comply with its National 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.
(4) 
In achieving the objectives of the Industrial Pretreatment Code, it shall be the policy of the City to actively support the community's commerce and industry through accommodation, assistance and cooperation consistent with the City's responsibility to protect the waters of the state from pollution and to secure the health, safety and welfare of the residents of the metropolitan area.
(5) 
Pollutants shall be accepted into the publicly owned treatment works subject to regulations and requirements as may be promulgated by state and federal regulatory agencies or the City for the protection of sewerage facilities and treatment processes, public health and safety, receiving water quality and avoidance of nuisance.
(6) 
The City, in carrying out the provisions of the Industrial Pretreatment Code regarding industrial discharge of pollutants by users into the publicly owned treatment works necessary for the proper disposal of sewage and drainage from the City and adjacent territory, is further authorized, in its administrative discretion, to adopt and to promulgate as regulations any laws of the state or the federal government. Discharge permit conditions shall be predicated on federal, state and local regulations and requirements and on the results of analysis of the type, concentration, quantity and frequency of discharge including the geographical relationship of the point of discharge to sewerage and treatment facilities. Discharge permit conditions shall be reevaluated upon expiration of the permit and may be revised by the City Manager as required, to remain consistent with local, state or federal laws, regulations and requirements or to meet any emergency.
(7) 
Discharge permits may include, but shall not be limited to, conditions pertaining to discharge standards, self-monitoring requirements, treatment methods, housekeeping practices, inventory storage, manufacturing methods, etc., that are intended to protect the waters of the state.
(Ord. No. 6457, 5/15/2023)
The Industrial Pretreatment Code shall apply to all persons within the City of Springfield and City of Eugene, and to all users of the publicly owned treatment works. The Industrial Pretreatment Code authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(Ord. No. 6457, 5/15/2023)
Except as otherwise provided herein, the City Manager shall administer, implement, and enforce the provisions of the Industrial Pretreatment Code to ensure that the City's pretreatment program complies with the objectives of the Industrial Pretreatment Code, the applicable state and federal laws and regulations and the City's policy to cooperate with state and federal government. Any powers granted to or duties imposed upon the City Manager may be delegated by the City Manager to a duly authorized designee of the City Manager.
(Ord. No. 6457, 5/15/2023)
The following abbreviations, when used in the Industrial Pretreatment Code, shall have the designated meanings:
BOD - Biochemical Oxygen Demand
BMP - Best Management Practice
BMR - Baseline Monitoring Report
CFR - Code of Federal Regulations
CIU - Categorical Industrial User
DEQ - The Oregon Department of Environmental Quality
EPA - U.S. Environmental Protection Agency
gpd - gallons per day
IU - Industrial User or User
mg/l - milligrams per liter
MWH - Mobile Waste Hauler
MWMC - The Metropolitan Wastewater Management Commission
NAICS - The North American Industry Classification System
NDCIU - Non-Discharging Categorical Industrial User
NPDES - National Pollutant Discharge Elimination System
NSCIU - Non-Significant Categorical Industrial User
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIU - Significant Industrial User
SNC - Significant Noncompliance
TSS - Total Suspended Solids
U.S.C.- United States Code
(Ord. No. 6457, 5/15/2023)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in the Industrial Pretreatment Code, shall have the meanings hereinafter designated:
(1) 
Act or "the Act."
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.
(2) 
Approval Authority.
The State of Oregon.
(3) 
Authorized or Duly Authorized Representative of the User.
(a) 
If the user is a corporation:
(i) 
The president, secretary, treasurer, or a 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 that 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 individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) 
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(c) 
If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(d) 
The individuals described in subsections (a) through (c), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
(4) 
Best Management Practices or ("BMPs").
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in sections 4.006 and 4.009. BMPs 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. BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.
(5) 
Biochemical Oxygen Demand ("BOD").
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C, usually expressed as a concentration (e.g., mg/l).
(6) 
Categorical Industrial User.
An industrial user subject to a categorical pretreatment standard or categorical standard.
(7) 
Categorical Pretreatment Standard or Categorical Standard.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with section 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 through 471.
(8) 
City.
The City of Springfield.
(9) 
City Manager.
The City Manager of the City as defined by the City's Charter, or the City Manager's designee.
(10) 
Composite Sample.
A representative sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
(12) 
Daily Maximum.
The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
(13) 
Daily Maximum Limit.
The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
(14) 
Domestic User ("Residential User").
Any person who contributes, causes, or allows the contribution of wastewater into the POTW that is of a similar volume and/or chemical make-up to that of a residential dwelling unit.
(15) 
Environmental Protection Agency ("EPA").
The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
(16) 
Existing Source.
Any source of discharge that is not a "new source."
(17) 
Food Service Establishment.
A non-domestic discharger where preparation, manufacturing, or processing of food and/or beverage occurs and include, but are not limited to, restaurants, cafes, fast food outlets, pizza outlets, delicatessens, sandwich shops, coffee shops, schools, nursing homes and other facilities that prepare, service, or otherwise make foodstuff available for consumption.
(18) 
General Discharge Authorization.
A written authorization issued for the discharge of wastewater from a user into the POTW.
(19) 
Grab Sample.
A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
(20) 
Gray Water.
Shower and bath wastewater, bathroom sink wastewater, kitchen sink wastewater and laundry wastewater. Gray water does not mean toilet or garbage wastes, or wastewater contaminated by soiled diapers.
(21) 
Indirect Discharge or Discharge.
The introduction of pollutants into the POTW from any nondomestic source, including a mobile waste hauler, regulated under section 307(b), (c), or (d) of the Act.
(22) 
Instantaneous Limit.
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
(23) 
Interference.
A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
(24) 
Local Limit.
Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(25) 
Medical Waste.
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
(26) 
Mobile Waste Hauler.
A person who, by contract or otherwise, collects wastewater, including domestic waste and septage waste, for transportation to and discharge into any portion of the POTW.
(27) 
New Source.
(a) 
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 that 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 subsection (a)(i) or (ii) above 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 on-site construction program: (1) any placement, assembly, or installation of facilities or equipment; or (2) 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.
(28) 
Noncontact Cooling Water.
Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
(29) 
Pass Through.
A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the NPDES permit, including an increase in the magnitude or duration of a violation.
(30) 
Person.
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
(31) 
pH.
A measure of the acidity or alkalinity of a solution, expressed in standard units.
(32) 
Pollutant.
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). Pollution is the introduction of pollutants which alters the chemical, physical, biological or radiological state of water.
(33) 
Pollution Prevention.
Source reduction and other practices that reduce or eliminate the creation of pollutants through:
(a) 
Increased efficiency in the use of raw materials, energy, water, or other resources; or
(b) 
Protection of natural resources by conservation.
(34) 
Pretreatment.
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
(35) 
Pretreatment Requirements.
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
(36) 
Pretreatment Standards or Standards.
Prohibited discharge standards, categorical pretreatment standards, and local limits.
(37) 
Prohibited Discharge Standards or Prohibited Discharges.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 4.006.
(38) 
Publicly Owned Treatment Works or POTW.
A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
(39) 
Septic Tank Waste.
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
(40) 
Sewage.
Human excrement and gray water, including, but not limited to, wastes from bathrooms, laundries, and kitchens.
(41) 
Sewer.
Any pipe, conduit ditch, or other device used to collect and transport sewage from the generating source.
(42) 
SIC Number.
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
(43) 
Significant.
Except as otherwise defined in the Industrial Pretreatment Code, significant is defined on a case-by-case basis. If a person subject to the Industrial Pretreatment Code is concerned about whether an act, omission, or change is "significant," they are advised to immediately contact the office of the City's pretreatment program for clarification.
(44) 
Significant Industrial User (SIU).
(a) 
An industrial user subject to categorical pretreatment standards; or
(b) 
An industrial user that:
(i) 
Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding domestic waste, noncontact cooling and boiler blowdown wastewater);
(ii) 
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
(iii) 
Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(c) 
The City may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(i) 
The industrial user, prior to City's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(ii) 
The industrial user annually submits the certification statement required in section 4.052(2), together with any additional information necessary to support the certification statement; and
(iii) 
The industrial user never discharges any untreated concentrated wastewater.
(d) 
Upon a finding that a user meeting the criteria in subsection (b) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
(45) 
Significant Noncompliance.
A SIU, or an IU which violates subsection (45)(c), (d), or (h) below, is in significant noncompliance if its violation meets one or more of the following criteria:
(a) 
Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standards or pretreatment requirement, including instantaneous limits;
(b) 
Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standards or requirement including instantaneous limits multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(c) 
Any other violation of a pretreatment effluent limit (daily maximum, long-term average, instantaneous limit, or narrative standard) that the City Manager determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(d) 
Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the City Manager's exercise of its emergency authority to halt or prevent such a discharge;
(e) 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) 
Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(g) 
Failure to accurately report noncompliance; or
(h) 
Any other violation(s), which may include a violation of best management practices, which the City Manager determines will adversely affect the operation or implementation of the local pretreatment program.
(46) 
Slug Load or Slug Discharge.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 4.006 or local limits as described in section 4.009. A slug discharge is any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary 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.
(47) 
Storm Water.
Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
(48) 
Total Suspended Solids or Suspended Solids.
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
(49) 
User or Industrial User.
A source of indirect discharge into a POTW. The source shall not include a domestic user.
(50) 
Wastewater.
Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
(51) 
Wastewater Treatment Plant or Treatment Plant.
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. No. 6457, 5/15/2023)