#4 Public hearing and action to reduce mercury discharge into sanitary sewers (File Ord. #2010-449)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
February 12, 2010
TO: City Council
FROM: Brian Skaife, Chemist/Biologist
Dan Lynch, Utility Director
SUBJECT: Second Reading, Public Hearing and Action on a Proposed Ordinance
Amending the City’s Wastewater Facility and Sewer Use Ordinance
(Chapter 13.16) in order to reduce the Discharge of Mercury into the
Sanitary Sewers (File Ordinance No. 2010-449)
Summary
Mercury is a pollutant of concern because it is extremely toxic and bio-accumulates in
animals and humans. The proposed ordinance will regulate the discharge of this
pollutant into the City’s wastewater treatment and collection facilities. Its adoption is
necessary to protect the environment and for compliance with program requirements of
the Wisconsin Department of Natural Resources (WDNR).
Department Recommendation
Utility staff recommends that following the second reading and public hearing of
Ordinance No. 2010-449, it is adopted by the City Council.
Suggested Motion
Move to adopt Ordinance No. 2010-449, amending the City’s Wastewater Facility and
Sewer Use Ordinance in order to reduce the discharge of mercury into the City’s
sanitary sewers.
City Manager Recommendation
The City Manager recommends approval.
Analysis
Routine sampling the City’s wastewater treatment plant (WWTP) for elemental mercury
has been underway for many years with very small quantities routinely detected in the
plant’s influent, effluent and sludge. The City will shortly have a wastewater discharge
limit for mercury which could be as low as 2.8 parts per billion. Treatment of
wastewater to this low level is not feasible at most municipal treatment plants so instead
of treatment, the U.S. Environmental Protection Agency (USEPA) and the WDNR
require local regulatory efforts to prevent mercury from entering the sewer system. In
2008, the City partnered with the WDNR and a number of other communities to create
the WDNR Green Tier Charter for Environmental Performance. The goal of this
program is to reduce the amount of mercury entering municipal treatment and collection
facilities. Adoption of this ordinance will require most dental facilities to install and
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maintain mercury amalgam separators and require other mercury using facilities to
implement improved tracking, reporting and disposal requirements.
The proposed ordinance will not result in additional cost to the Wastewater Utility. The
cost of meeting these requirements for dental offices is estimated to be $1300 for initial
purchase and installation of the amalgam separator, and $100-$200 in annual
maintenance. Approximately ½ of the dental offices in Janesville have already met
these requirements.
cc: Eric Levitt, City Manager
Jay Winzenz, Director of Administrative Services
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ORDINANCE NO. 2010-449
An ordinance amending the City’s Wastewater Facility and Sewer Use Ordinance
in Order to Reduce the Discharge of Mercury into the City’s Sanitary Sewer
System as Established in Chapter 13.16 of the Code of Ordinances of the City of
Janesville, With Penalties for Violations Thereof As set forth in JGO 13.16.350.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Section 13.16.095 (Mercury Minimization Program) of the Code of General
Ordinances of the City of Janesville is hereby created in the manner set forth in the
attachment hereto.
st
SECTION II.
This ordinance shall take effect on the 1 day of April, 2010.
ADOPTED: Motion by:
Second by:
Councilmember Aye Nay Pass Absent
APPROVED:
Eric J. Levitt, City Manager
Brunner
McDonald
ATTEST: ______
Perrotto
Jean Ann Wulf, City Clerk-Treasurer
Rashkin
Steeber
APPROVED AS TO FORM:
Truman
Voskuil
Wald Klimczyk, City Attorney
Brian Skaife, Chemist/Biologist
Proposed by:
Dan Lynch, Utility Director
Prepared by:
13.16.095 Mercury Minimization Program
A. Dental offices. This section applies to any dental office that places or
removes amalgam. If work in a dental office is limited to work that does not involve
placing or removing amalgam, such as orthodontics, periodontics, oral and maxillo-
facial surgery, endodontics, or prosthodontics, then this section does not apply. Dental
offices that meet the requirements of this section after the effective date of this section
will be subject to a schedule under (2) through (5) below as established by the City.
1. All dental offices shall implement best management practices for
amalgam as established by the Wisconsin Dental Association.
2. Within the shortest reasonable time, but not later than December
31, 2010, every vacuum system where amalgam is placed or removed
shall include an amalgam separator that meets the criteria of the
International Standards Organization (ISO 11143). Dental offices shall
install, operate, and maintain the amalgam separator according to the
instructions provided by the manufacturer. The amalgam separator shall
have a design and capacity appropriate for the size and type of vacuum
system. The only Dental Offices that will be exempt from installing an
amalgam separator shall be those that meet a de minimis requirement for
placing or removing amalgam fillings. This requirement will be established
by the City of Janesville.
3. On or before June 30, 2010 each dental office shall submit a
schedule for the installation of the amalgam separator required by (2)
above.
4. On or before September 30, 2010 each dental office shall submit a
report to the City wastewater treatment plant that certifies the
implementation of the management practices required by (1) above and
identifies the contractors used to remove amalgam waste within the last
12 months.
5. On or before September 30, 2010 each dental office shall submit a
report providing the following information:
a. If installation of the amalgam separator is complete, then the
report shall indentify the installation date, the manufacturer, and
the model name.
b. If installation of the amalgam separator is incomplete, then the
report shall briefly explain the delay, provide an installation
schedule, and identify the manufacturer and the model name of
the amalgam separator that will be installed.
c. If a dental office has provided a report according to subsection
(5) b. above, then the dental office shall notify the City of the
completion of the installation within five days after completion.
6. From the contractor(s) used to remove amalgam waste, dental
offices shall obtain records for each shipment showing: the volume or
mass of amalgam waste shipped; the name and address of the
destination; and the name and address of the contractor. Dental offices
shall maintain these records for a minimum of five years. Dental offices
shall make these records available to City personnel for inspection and
copying upon request.
7. Annually on or before June 30th of each year, each dental office
shall submit a report to the Utility Director that lists the volume or mass of
amalgam waste shipped, the name and address of the destination, and
the name and address of the contractor(s) used to remove and transport
amalgam waste within the previous calendar year. The report shall also
indicate all maintenance performed on the amalgam separator within the
previous calendar year, including inspections, cleaning, repairs and other
maintenance. All maintenance and repair activities with the exception of
routine activities authorized by the manufacturer shall be performed by a
technician trained and authorized by the manufacturer to perform those
activities.
8. In addition to the above, the report shall certify that:
a. During the past year, all regularly scheduled maintenance and
other repairs required or recommended by the manufacturer and
the manufacturer’s representative have been completed.
b. The amalgam separator, as of the date of the report, is in good
overall operating condition
9. Dental offices shall permit City personnel to inspect the vacuum
system, amalgam separator, and amalgam waste storage areas according
to Section 13.16.210 A.
10. If a dental office is implementing the management practices
required by (1) above and is operating and maintaining the amalgam
separator required by (2) above, then with regard to mercury it will not be
subject to the regulatory procedures and requirements as set forth
elsewhere in this chapter.
11. The City shall provide forms for reporting the information under the
Mercury Minimization Program.
B. Other facilities. This subsection applies to all other facilities having the
potential to discharge mercury or mercury-containing material to the City sanitary sewer
system. The City strongly advocates the proper handling and, if possible, recycling of
all mercury containing products.
1. Facilities include:
a. Medical facilities, including all hospitals, clinics and veterinary
facilities that have laboratories.
b. School facilities, including all public and private schools with
science laboratories, including middle schools, high schools,
technical schools, colleges and universities, but not elementary
schools.
c. Industrial facilities, including all industrial plants that historically
or consistently discharge mercury into the wastewater treatment
plant and industrial plants with the potential for mercury in their
wastewater.
2. The City shall identify and notify the facilities to be regulated under
this subsection (B) within 30 days after the effective date of this section.
All facilities identified after the effective date of this section shall be
notified individually by the City that they are subject to regulation under
this subsection (B).
3. All facilities regulated under this subsection (B) shall implement
best management practices as established by the Wisconsin Department
of Natural Resources (DNR) Green Tier Charter and the City. On or before
June 30, 2010 each facility regulated under this section shall submit a
report to the City that identifies the management practices already
implemented, and lists the anticipated dates for implementing the other
management practices listed on the report. New facilities identified under
(2) above shall submit this report within three months of notification.
4. By December 31, 2010 all facilities regulated under this subsection
(B) shall submit a report to the City that certifies the implementation of the
management practices described in (3) above. New facilities identified
under (2) above shall implement best management practices and submit a
certification report within six months of submittal of the report required
under (3) above.
5. The City shall provide forms for reporting the information required
by (3) and (4) above.
6. If the facility regulated under this section is implementing the
management practices required by (3) and (4) above, then with regard to
mercury it will not be subject to the regulatory procedures and
requirements as set forth elsewhere in this chapter.