Proposed Ordinance - 9/21/2021 Ordinance No. of 2021
Supporting Updates to Pretreatment
Affirmative Defense Provision
WHEREAS, the City has adopted the Salt Lake City Wastewater Control Ordinance
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under Section 17.32.010 for the health, safety and welfare of the residents of the city to regulate
the collection of wastewater and treatment thereof for the maximum public benefit; and
WHEREAS,the objectives of the Wastewater Control Ordinance include prevention of
the introduction of pollutants into the publicly owned treatment works (POTW)that will interfere
with its operations or contaminate the resulting sludges (i.e., biosolids), prevent the of
introduction of pollutants that will pass through the POTW that might be inadequately treated,
protection of POTW personnel and general public from exposure to such pollutants, improve the
opportunity to recycle and reclaim wastewaters and sludges,to provide for equitable distribution
among users of the cost of operation of the POTW, and to enable the city to comply with its
UPDES permit and any other federal or state laws to which the POTW is subject;
WHEREAS, the City's Department of Public Utilities works closely with the Utah
Department of Environmental Quality (DEQ) Division of Water Quality (DWQ) regarding
compliance with current standards established by DWQ and the United States Environmental
Protection Agency. As a result of a periodic program evaluation, DWQ has identified the need to
clarify affirmative defense exclusions related to prohibited discharges to the POTW;
WHEREAS, Section 17.69.020 of the City Code addresses Affirmative Defenses -
Prohibited Discharge Standards allows a user of the sanitary sewer system, typically a permitted
sewer user, to assert certain affirmative defenses in response to an enforcement action brought
against it for noncompliance with the general and specific prohibitions listed in City Code
Section 17.36.060.An affirmative defense does not apply to noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance, or careless or improper operation; and
WHEREAS, Section 17.69.020 precludes from affirmative defense wastes that could
cause fire or explosion hazards or low pH, should be revised to include an exclusion against any
trucked or hauled waste. In addition, revisions should include an exclusion for affirmative
defense for high pH discharges (i.e., >11.0) is appropriate and consistent with the EPA Model
Pretreatment Ordinance (EPA, 2007).
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Amending text of Salt Lake City Code Chapter 17.69.020 Affirmative
Defenses—Prohibited Discharge Standards. That section 17.69.020 of the Salt Lake City Code,
Wastewater Control and Sewer System:Affirmative Defenses—Prohibited Discharge Standards,
shall be, and hereby is, amended to read as follows:
17.69.020: AFFIRMATIVE DEFENSES - PROHIBITED DISCHARGE
STANDARDS:
A user shall have an affirmative defense to an enforcement action brought against
it for noncompliance with the general and specific prohibitions in
section 17.36.060 of this title, with the exceptions of the fire or explosion
hazards, low or high pHiar any trucked or hauled wastes listed in subsections
17.36.060 132, and 134,85—and B 15 of this title, if it can prove that it did not
know or have reason to know that its discharge, alone or in conjunction with
discharges from other sources, would cause pass-through or interference and that
either:
A. A local limit exists for each pollutant discharged and the user was in
compliance with each limit directly prior to, and during, the pass-through or
interference, or
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SECTION 2. Effective Date. This ordinance shall become effective after written
receipt from DWQ that it has completed its public comment process and then on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this day of 2021.
SALT LAKE CITY COUNCIL
By:
CHAIRPERSON
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action: Approved. Vetoed.
MAYOR
CITY RECORDER
APPROVED AS TO FORM
Salt Lake City Attorney's Office
(SEAL)
Date. 09/29/2021
By:lmtrfv, :-: :%.371
Bill No. of 2021. E.Russell Vetter,senior city Attorney
Published:
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