§ 21-216. Sector control programs.
(a)
General requirements.
(1)
Authority. The city may establish specific sector control programs for industrial users to control specific pollutants as necessary to meet the objectives of this article. Pollutants subject to these sector control programs shall generally be controlled using best management practices (BMPs).
(2)
Facility identification and compliance. The city shall implement procedures to identify industrial users for inclusion into applicable sector control programs. Once identified and included into one (1) or more sector control program, the facility shall be required to comply with the applicable sector control program requirements.
(3)
Notification to the city by the industrial user and management review. The city shall review new construction and existing facilities undergoing any physical change, change in ownership, change in operations, or other change that could change the nature, properties, or volume of wastewater discharge, to ensure that current sector control program requirements are incorporated and implemented.
The industrial user shall inform the city prior to:
a.
Sale or transfer of ownership of the business; or
b.
Change in the trade name under which the business is operated; or
c.
Change in the nature of the services provided that affect the potential to discharge sector control program pollutants; or
d.
Remodeling of the facility that may result in an increase in flow or pollutant loading or that otherwise requires the facility to submit plans or specifications for approval through a building or zoning department, or any other formal approval process of a city, county, or other jurisdiction.
(4)
Inspections.
a.
The city may conduct inspections of any facility with or without notice for the purpose of determining applicability and/or compliance with sector control program requirements.
b.
If any inspection reveals non-compliance with any provision of a sector control program requirement, corrective action shall be required pursuant to the applicable sector control program.
c.
Inspection results will be provided in writing to the facility.
(5)
Closure. The city may require closure of plumbing, treatment devices, storage components, containments, or other such physical structures that are no longer required for their intended purpose. Closure may include the removal of equipment, the filling in and/or cementing, capping, plugging, etc.
(6)
Enforcement and compliance.
a.
These requirements form a part of this article. Enforcement of this regulation is governed by the express terms herein and the enforcement provisions of section 21-217.
b.
Any extraordinary costs incurred by the city due to interference, damage, pass through, or maintenance necessary in the treatment and/or collection system shall be paid by the industrial user to the city. The direct costs of all labor, equipment and materials incurred in rectifying the interference or damage, including reasonable attorney's fees, shall be billed directly to the owner or the industrial user by the city, and such costs shall become part of the total charges due and owing to the city and shall constitute a lien on the industrial user until paid in full.
(b)
Fats, oil and grease (FOG) and sand/oil separator best management practices. Grease, oil and sand interceptors shall be provided when, under this article they are determined to be necessary for the proper handling of wastewater containing floatable grease in excessive amounts as specified in this article or sand or other harmful substances which are removed by such treatment. All interceptors shall be of a type and capacity approved by the director and shall be located as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors the owner shall be responsible for removal and proper disposal of the collected material and shall maintain such records as are required by this article.
(c)
Mercury best management practices.
(1)
Definitions.
Amalgam or dental amalgam means any mixture or blending of mercury with another metal or with an alloy used in dental applications.
Amalgam separator means a type of wastewater treatment equipment that is designed to remove solids, including amalgam associated solids, from the wastewater discharged by a dental facility.
Amalgam waste means any waste containing mercury or residues from the preparation, use or removal of amalgam. This includes, but is not limited to, any mercury waste generated or collected by chair-side traps, screens, filters, vacuum systems filters, amalgam separators, elemental mercury, amalgam capsules and autoclaves or other equipment that come in contact with mercury.
Dental facility means any facility used for the practice of dentistry or dental hygiene that discharges wastewater to the POTW containing amalgam. This includes facilities that place or remove amalgam.
Exempt dental practice means any dental facility in which no amalgam is placed or removed nor is amalgam used at any time in the dental practice.
(2)
Regulation and discharge to the city.
a.
The city may control through permit, authorization to discharge, letter or other means, discharged to the POTW by a dental facility.
b.
New dental facilities: BMPs shall be implemented by the dental facility upon discharge to the POTW. Within thirty (30) days after discharge, the dental facility shall report to the city/district that an appropriate amalgam separator has/has not been installed and required BMPs implemented.
c.
Existing dental facilities: Dental facilities that are already operating and discharging upon the effective date of this article shall install an appropriate amalgam separator and implement required BMPs within ninety (90) days of the effective date of this article.
d.
Exempt dental facility. These BMPs are not required for dental facilities meeting the definition of an exempt dental facility.
(3)
Best management practices (BMPs) for the acceptance of dental amalgam. All dental facilities that discharge wastewater generated from the placement or removal of amalgam to the POTW are required to install an amalgam separator, implement BMPs, and meet specific reporting and certification requirements.
a.
Amalgam separator. Amalgam separators shall be installed in all dental facilities, except exempt dental practices. All amalgam separators shall be ISO11143 certified and appropriately sized, certified to meet at least a 98.8 percent solids removal, shall allow the dental facility to make direct observations as to the level of solids in the collection container, installed so that all amalgam-contaminated wastewater will pass through the unit before being discharged to the POTW, accessible for cleaning and inspection,
b.
Each dental practice shall be responsible for inspecting the amalgam separator at least once per week and recording whether or not the level of solids is approaching the level where maintenance is required. The amalgam separator shall be serviced, at a minimum, in accordance with manufacturer's instructions or more frequently if visual inspections indicate that the level of solids is at or over ninety (90) percent of the recommended maximum level.
c.
Each dental facility shall use disinfecting line cleaners that have a pH in the range of 7-9 and are non-chlorine and non-oxidizing. When cleaning filters, the dental facility shall not rinse filters or traps over sinks or drains that do not discharge through the amalgam separator.
d.
Each dental facility shall implement dental BMPs as specified by the American Dental Association.
(4)
Recordkeeping. All records shall be kept on site for a minimum of three (3) years and shall be made available to the city on request as required by section 21-211 of this article. Each dental facility shall maintain records of:
a.
Name of manufacturer, model and date of installation for each amalgam separator.
b.
Amalgam disposal. Records shall include the date, name and address of the facility to which any waste amalgam is shipped and the amount shipped.
c.
Weekly visual inspections: Records (logs) shall include at a minimum, the date and time of the visual inspection, initials of person conducting the inspection and whether or not the level of solids is such that the unit needs to have maintenance or other problems are identified (e.g. leaks).
d.
Amalgam waste: Records of all maintenance and service completed on the amalgam separator.
(5)
Reporting. The dental facility shall submit the information required in paragraph (c)(4) of this section by the city by January 28 of each year.
Such report shall contain the following signatory certification shall be signed by the authorized representative (see sections 21-203 and 21-215(h) of this article):
"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."
Reports shall be mailed to: Director of Public Works, P.O. Box 4000, Sterling, CO 80751-0400
Or, if hand delivered, to: Director of Public Works, 421 N. 4th Street, Sterling, CO 80751-0400
(6)
The dental facility shall inform the city prior to:
a.
Sale or transfer of ownership of the business;
b.
Change in the trade name under which the business is operated;
c.
Change in the nature of the services provided that affect the potential to discharge amalgam; or
d.
Remodeling of the facility that may result in an increase in flow or pollutant loading or that otherwise requires the facility to submit plans or specifications for approval through a building or zoning department or any other formal approval process by the jurisdiction in which the dental facility is located.
(7)
Inspections and data collection.
a.
The city may conduct inspections or require written waste surveys for any dental facility. Inspection may be conducted with or without notice for the purpose of determining applicability and/or compliance with these dental facility BMPs.
b.
If any inspection reveals non-compliance with any provision of this dental facility BMPs, corrective action shall be required.
(8)
Closure. The city may require the dental facility and/or facility owner to take specific action in the case of closure of the dental facility. This may include special handling of potentially contaminated plumbing, treatment devices or storage components.
(9)
Enforcement and compliance.
a.
The dental facility shall not cause or contribute to pass through, interference, violate a specific prohibition or cause the city to exercise its emergency authority specified in subsection 21-217(c)(7) of this article.
b.
These dental facility BMPs form a part of this article of the City Code. Enforcement is governed by the express terms herein and the compliance and enforcement provisions specified in section 21-217 of this article.
c.
Any extraordinary costs incurred by the city due to discharge from the dental facility shall be paid by the dental facility to the city and such costs shall become part of the total charges due and owing to the city.
(d)
Hauled waste.
(1)
All trucked and hauled waste shall be discharged only at locations designated by the director and at such times as are established by the director. Such waste shall not violate and general or specific prohibitions as specified in section 21-203 of this article or any other requirements established by the city.
(2)
Waste haulers that pick up and transport industrial or non-domestic waste to the POTW for disposal shall apply for and obtain a wastewater discharge permit unless such requirement is waived, in writing, by the director. If a hauler of non-domestic waste does not have a permit, the hauler shall notify the director a minimum of twenty-four (24) hours prior to the anticipated discharge at the POTW and provide specific information on the volume, type and origin of the waste and any other information required by the director. The director may require residential septic tank waste haulers to obtain a wastewater discharge permit or provide any other information as may be required.
(3)
No hauled waste may be discharged without prior consent of the director. The director may prohibit the disposal of any non-domestic waste.
(4)
The director may collect samples of any trucked or hauled wastewater that is to be discharged to the POTW to ensure compliance with applicable standards. The director may require the waste hauler to provide a waste analysis of any hauled waste prior to discharge.
(5)
All waste to be discharged to the POTW shall be documented on a waste manifest or tracking form. This form shall include the name and address of the waste hauler owner, name of truck driver, permit number if waste hauler has a permit and truck identification. The form shall also include the following information for each load of waste picked up and intended to be discharged: name and address or generator of the waste, type of waste, date and time of waste pick up, volume of waste picked up and size of tank that was pumped. If the waste was industrial or commercial waste, the form shall document, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes based directly upon the information the waste hauler has obtained from the generator of the waste.
(Ord. No. 10-2014, 10-14-14)