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Home My WebLink About2020-04-07 OrdinanceItem Number: 13. �, CITY OF IOWA CITY -�"�'�� COUNCIL ACTION REPORT April 7, 2020 Ordinance amending Title 16, entitled "Public Works", Chapter 3, "City Utilities", Article D, "Wastewater Treatment Works Users", Section 6, "Building Sewers and Connections"; and Article E, "Wastewater Treatment Works Indirect Discharge", Section 4, "Pretreatment Standards", Subsection B(2) to establish updated influent limitations for Zinc. (Second Consideration) Prepared By: Ron Knoche, Public Works Director Reviewed By: Eleanor Dilkes, City Attorney Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The ordinance will amend the City Code to clarify the responsibility and location of the abandonment of building sewers and connections. The ordinance will also amend the local limit for zinc for the influent of the wastewater treatment plant. Background /Analysis: It is a City policy that the abandonment of building sewers and connections occur at the city sewer main and is done at the expense of the property owner. This ordinance will codify this requirement which is consistent with water service abandonment. In 2015, the City calculated the local limits for zinc for the influent of the wastewater treatment plant. This local limit was calculated using an estimated treatment plant removal efficiency. In 2016, the Iowa Department of Natural Resources (DNR) approved the local limits calculated for zinc. This limit was calculated using an estimated treatment plant removal efficiency. In 2017, the local limits for zinc for the influent of the wastewater treatment plant were approved by City Council. Since June 2016, the City has had 74 violations with the daily maximum effluent limitations for zinc and in February 2019 violated the monthly average effluent limitation for zinc as set forth in the National Pollutant Discharge Elimination System (NPDES) permit. These violations were self reported to the Iowa DNR as required by the NPDES permit. In January 2019, the Iowa DNR conducted an inspection of the Wastewater Treatment Plant. The Iowa DNR inspection report cited instances of non-compliance which included exceedance of the NPDES permit effluent limits for zinc. The Iowa DNR issued a notice of violation in April 2019. In April 2019, the Environmental Protection Agency (EPA) performed a Compliance Sampling Inspection of the Wastewater Treatment Plant. In November 2019, the EPA performed a pretreatment audit. After calculating the local limits in 2015 and as zinc violations occurred, the City conducted increased sampling of the collection system influent and the effluent to try to identify additional sources of zinc. The City took measures to modify the wastewater plant treatment process to attempt to reduce zinc levels in the effluent. These measures were not successful in preventing zinc exceedances. The EPA Pretreatment Audit determined the City had enough data to more accurately calculate the removal efficiency of zinc for the wastewater treatment plant. This new removal efficiency was used to calculate the local limit for zinc. This calculation was approved by the Iowa DNR in February 2020. The amendment to the local limit for zinc will be part of the Compliance Plan required as a part of a consent order by the EPA. Staff recommends approval of the ordinance updating the City Code. ATTACHMENTS: Description OrdinancE 15, Prepared by: Ronald Knoche, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 ORDINANCE NO. 20-4821 Ordinance amending Title 16, entitled "Public Works", Chapter 3, "City Utilities", Article D, "Wastewater Treatment Works Users", Section 6, "Building Sewers and Connections"; and Article E, "Wastewater Treatment Works Indirect Discharge", Section 4, "Pretreatment Standards", Subsection B(2) to establish updated influent limitations for Zinc. WHEREAS, the City desires to amend the Wastewater Treatment Works User article to clarify the responsibility of abandoning building sewers and connections; and WHEREAS, the local limit for zinc calculated by the City in 2015, approved by the Iowa Department of Natural Resources (IDNR) in September 2016, and approved by City Council on January 17, 2017 was calculated using an estimated treatment plant removal efficiency; and WHEREAS, the IDNR conducted an inspection on January 14, 2019 of the wastewater treatment plant and the inspection report cited instances of non-compliance which included exceedance of National Pollutant Discharge Elimination System (NPDES) permit effluent limits for the parameter of zinc; and WHEREAS, the Environmental Protection Agency (EPA) conducted a Compliance Sampling Inspection April 1-4, 2019; and WHEREAS, the IDNR issued a Notice of Violation on April 16, 2019 for the failure to comply with the zinc effluent limits listed in the NPDES permit; and WHEREAS, the EPA determined there was sufficient sewage treatment plant data to determine a more accurate site-specific removal efficiency for zinc; and WHEREAS, the City has developed, with the help of the EPA and the IDNR, a revised local limit for zinc; and WHEREAS, the IDNR has approved the City's revised local limit and has determined the modification to be a non -substantial modification; and WHEREAS, the City is making the modification to the local limit for zinc as a part of the Compliance Plan required by the EPA; and WHEREAS, the City desires to amend the Wastewater Treatment Works Indirect Discharge article of the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. Title 16, Chapter 3, Article D, Section 6 entitled "Building Sewers and Connections", is amended by adding the following: G. Abandoned Building Sewers and Connections: All building sewers and connections which are no longer used must be permanently disconnected and plugged at the city sewer main at the expense of the property owner. This work shall be completed within one calendar year from the date of abandonment. If not completed in the required time, the city, after written notice to the owner, shall complete the work and assess the cost to the owner. Ordinance No. 20-4821 Page 2 SECTION Il. AMENDMENT. Title 16, Chapter 3, Article E, Section 4, entitled "Pretreatment Standards", Subsection B(2) is amended by deleting the Zinc limit and replacing it with the following: Pollutant ',Pounds Per Da v i Zinc 44.1 SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect upon publication. Passed and approved this 7th day of OR ATTEST: CITY CLERK 2020. rpp ove Ci y Attorney's Office It was moved by Mims and seconded by Thomas Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bergus x Mims x Saleh x Taylor x Teague x Thomas x Weiner that the First Consideration 03/24/2020 Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Weiner, Bergus, Mims. NAYS: None. ABSENT: None. Ordinance No. 20-4821 Page 3 Second Consideration _ Vote for passage: Date published 04/16/2020 Moved by Mims, seconded by Salih, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Thomas, Weiner, Bergus, Mims, Salih, Taylor, Teague. NAYS: None. ABSENT: None.