ORDINANCE 8315

            AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 19-604 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2008 EDITION AND AMENDMENTS THERETO, PERTAINING TO DISCHARGE PROHIBITIONS INTO THE WASTEWATER COLLECTION AND TREATMENT SYSTEM FOR THE CITY OF LAWRENCE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS.

Section 1.        Chapter 19, Article 6, Section 604 of the Code of the City of Lawrence, Kansas, 2008 Edition and amendments thereto, is hereby amended to read as follows:

19-604 GENERAL DISCHARGE PROHIBITIONS.

No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation and 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 standards or requirements.  A user shall not contribute the following substances to any POTW:

            (A)        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.  At no time, shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter.  Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substances which the City, the State or EPA has notified the user is a fire hazard or a hazard to the system.  Additionally, wastestreams with a closed cup flash point of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Celsius using the test methods specified in 40 CFR 261.21.

            (B)        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 such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, beans, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or of lubricating oil, mud, or glass grinding or polishing wastes.

            (C)        Any wastewater having a pH less than 5.5 or greater than 10.5 or wastewater having corrosive properties or capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.

            (D)        Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters or the POTW, or to exceed 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.

            (E)        Any noxious or malodorous liquids, gases, or solids which are either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance or repair.

            (F)        Any substance which may cause the POTW's wastewater discharge   or any other product of the POTW such as residue, sludge, or scum, 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 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.

            (G)        Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.

            (H)        Any wastewater that contains pigment which creates a visual contrast with the material appearance of any pollutant at the POTW and/or is not removed by ordinary wastewater treatment plant processes.  Such wastewater includes, but is not limited to brew waste, dye wastes, ink, food, pet food coloring and vegetable tanning.

            (I)         Any wastewater having a temperature which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater with a temperature at the POTW Treatment Plant which exceeds forty (40) degrees Celsius, or one hundred four (104) degrees Fahrenheit.

            (J)         Any pollutants, including oxygen-demanding pollutants (BOD, COD etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW.  In no case shall a slug discharge have a flow rate or contain concentrations or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities, or flow during normal operation.

            (K)        Any wastewater containing radioactive wastes with radioisotopes of such half life or excessive activity which may exceed limits established by the director in compliance with applicable state or federal regulations.

            (L)        Any wastewater which causes a hazard to human life or creates a public nuisance.

(M) Any wastewater containing fats, wax, grease, or oils whether emulsified or not, in excess of one hundred (100) mg/L, or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit, or zero (O) and sixty-five (65) degrees Celsius.

            (N) (M)  Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.

            (O) (N)  Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

            (P) (O)  Any trucked or hauled pollutants, except septage at discharge points designated by the POTW.

When the Director determines 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, the Director shall: (1) Advise the user of the impact of the contribution on the POTW; and (2) Develop wastewater discharge   limitation(s) for such user to correct the interference with the POTW; and (3) initiate appropriate additional enforcement actions stated in 19-627:637. 

Section 2.  Chapter 19, Article 6, Section 604 of the Code of the City of Lawrence, 2008 Edition and amendments thereto is hereby repealed it being the intent that this ordinance supersede it.

Section 3.  If any provision, clause, sentence or paragraph of this ordinance is found to unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 4.  This ordinance shall be in full force and take effect on and after its publication as provided by law.

Passed by the Governing Body this_____day of October, 2008

                                  _________________

                                                                                    Michael Dever, Mayor

ATTEST:

_____________________

Frank S. Reeb, City Clerk

Approved as to form and legality:

_____________________________________________

Toni Ramirez Wheeler, Director of the Legal Department