APPENDIX A - CITY OF WILMINGTON PRETREATMENT ORDINANCE ^[148]

APPENDIX A\CITY OF WILMINGTON PRETREATMENT ORDINANCE

ORD 11-009

AN ORDINANCE TO ADOPT THE ENVIRONMENTAL PROTECTION AGENCY'S MODEL PRETREATMENT ORDINANCE IN CHAPTER 11, ENVIRONMENT, TO REPLACE THE CITY'S EXISTING INDUSTRIAL PRETREATMENT ORDINANCE IN CHAPTER 4, BUILDINGS AND BUILDING REGULATIONS.

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WHEREAS, the City owns the wastewater treatment plant located in Wilmington, Delaware and the City must operate its industrial discharge pretreatment program in compliance with the federal Clean Water Act ("CWA") and its regulations codified in the United States Code of Federal Regulations, Title 40, Parts 125 and 403 as promulgated by the United States Environmental Protection Agency ("EPA"); and

WHEREAS, the CWA regulations were amended by EPA in 2005 requiring all industrial discharge pretreatment discharge programs to implement various Streamlining Rule changes; and

WHEREAS, the City is adopting EPA's Model Pretreatment Ordinance with minor modifications by the City and deleting its existing industrial pretreatment ordinance in order to come into compliance with EPA's required Streamlining Changes; and

WHEREAS, adopting EPA's Model Pretreatment Ordinance also provides additional flexibility and implementation options for the City's industrial pretreatment program; and

WHEREAS, the City's existing industrial pretreatment ordinance is currently located in the Plumbing Code section of the City Code, (Chapter 4, Buildings and Building Regulations, Subchapter 4) and will be deleted at the same time the replacement ordinance, EPA's Model Pretreatment Ordinance, with minor City modifications, is added to Chapter 11, Environment; and

WHEREAS, the industrial pretreatment ordinance is being moved from Chapter 4 to Chapter 11 because the original Wilmington industrial pretreatment program preceded the development of programs and facilities since that time and now is directly related to water quality and the operation of the City's wastewater treatment plant, and, in addition, because the Department of Public Works administers the industrial pretreatment program, not the Department of Licenses and Inspections as originally provided; and

WHEREAS, industrial dischargers located in the City were notified of the pending changes to the industrial pretreatment ordinance; and

WHEREAS, New Castle County ("County") administers its own industrial pretreatment program for industrial dischargers in the County, utilizing the City's Waste Water Treatment Plant, and therefore the County must maintain consistency with the City's industrial pretreatment ordinance and be no less stringent; accordingly, the County was notified prior to introduction of these proposed changes to the City Code and said notice advised the County that, following the effective date of this Ordinance, the County must adopt consistent amendments in the County Code which are no less stringent than this Ordinance; and

WHEREAS, EPA has preliminarily reviewed this Ordinance and found it consistent with the Streamlining Rule changes and the federal Clean Water Act and its implementing regulations; and

WHEREAS, following adoption by the City Council of the proposed changes to the industrial pretreatment ordinance the City will submit such changes to the EPA in order for the EPA to commence a formal notice and comment period pursuant to the federal Administrative Procedures Act; and

WHEREAS, the City Council deems it necessary and proper to adopt EPA's Model Pretreatment Ordinance, including minor modifications by the City, in Chapter 11 of the City Code and simultaneously to delete the existing industrial pretreatment Ordinance from Chapter 4, Subchapter 4 of the City Code.

THE COUNCIL OF THE CITY OF WILMINGTON HEREBY ORDAINS:

SECTION 1. The Environmental Protection Agency's Model Pretreatment Ordinance, as modified by the City, is hereby added to Chapter 11, Environment, in a new Article V, entitled "Industrial Pretreatment Program" as attached hereto and made a part hereof.

SECTION 2. The existing industrial pretreatment ordinance in City Code Chapter 4, Buildings and Building Regulations, Subchapter 4, Plumbing Code, Section 131, Section 202 to 302.15 is hereby simultaneously deleted in its entirety. A copy of the existing industrial pretreatment ordinance text to be deleted is attached hereto as Exhibit A.

SECTION 3. This Ordinance shall become effective following passage by the City Council and approval by the Mayor. EPA's final approval shall occur after conclusion of EPA's formal notice and comment procedure which shall be initiated following passage of this Ordinance by City Council and approval by the Mayor, and following adoption of New Castle County's revised pretreatment ordinance which must be no less stringent than the City's pretreatment ordinance.

First Reading .....March 3, 2011

Second Reading .....March 3, 2011

Third Reading .....April 7, 2011

Passed by City Council, April 7, 2011

Attest:

Approved as to form this 2^nd day of March, 2011

Approved this ;yrrule; day of ____________, 2011

SYNOPSIS: This Ordinance adopts the Environmental Protection Agency's Model Pretreatment Ordinance, including minor City modifications, in the City Code in Chapter 11 - Environment, in a new Article V - Industrial Pretreatment Program, to replace the City's existing industrial pretreatment ordinance which is being simultaneously deleted from Chapter 4, Building and Building Regulations. These amendments bring the City into compliance with EPA's 2005 Streamlining Changes to the federal Clean Water Act which must be implemented by all industrial pretreatment programs. These amendments also provide additional flexibility and enforcement options to the City's industrial pretreatment program.

ORDINANCE NO. 11-009