HomeMy WebLinkAboutOrdinance - 2003-O0076 - Amending Chpt. 28 With Regard To Wastewater System Of City, Definitions; Terms - 07/10/2003First Reading
July 10~ 2003
Item No. 19
ORDINANCE NO. 2003-00076
Second Reading
July 24, 2003
Item No. 10
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
WASTEWATER SYSTEM OF THE CITY OF LUBBOCK; DEFINITIONS OF
AFFECTED TERMS; ABBREVIATIONS AND DESIGNATED MEANINGS;
GENERAL DISCHARGE PROHIBITIONS; SPECIFIC POLLUTANT LIMITATIONS;
NATIONAL CATEGORICAL PRETREATMENT STANDARDS; AFFIRMATIVE
DEFENSE -ACT OF GOD; REGULATION OF WASTE RECEIVED FROM OUTSIDE
MUNICIPAL JURISDICTION; INDUSTRIAL PERMITTING; PERMIT
APPLICATION; PERMIT CONDITIONS; WASTEWATER DISCHARGE PERMIT
REVOCATION; COMPLIANCE DATA REPORT; BASELINE MONITORING
REPORTS; RECORD KEEPING; SAMPLE COLLECTION; SEARCH WARRANTS;
ADMINISTRATIVE PROCEDURES; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, it is the opinion of the City Council that the best interest of the
health and safety of the citizens of the City of Lubbock would be served by amending
Chapter 28 of the Code of Ordinances of the City of Lubbock with regard to wastewater
system of the City of Lubbock, wastewater contribution permits and compliance activities
regarding same; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION I. THAT Section 28-72 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended by deleting the existing definitions of the terms
"control authority", "new source", "slugload", and "Texas Natural Resource
Conservation Commission" and adding the following terms and definitions thereto:
Sec. 28-72. Definitions.
Approval authority: The executive director of the Texas Commission on
Environmental Quality.
Control authority: The City of Lubbock publicly owned treatment works
(POTW) with an approved pretreatment program.
Maximum allowable discharge limit: The maximum pollutant limitation
allowable by ordinance for specific pollutant limits.
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New source:
(1) Any building, structure, facility, or installation from which there is (or
may be) a discharge of pollutants, the construction of which
co,rrimenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such
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Chapter 28
source if such standards are thereafter promulgated in accordance with
that section, provided that:
a. The building, structure, facility, or installation is constructed at a
site at which no other source is located; or
b. The building, structure, facility, or installation totally replaces the
process or production equipment that causes the discharge of
pollutants at an existing source; or
c. The production or wastewater generating processes of the
building, structure, facility, or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the
extend to which the new facility is integrated with the existing
plant, and the extent to which the new facility is engaged in the
same general type of activity as the existing source, should be
considered.
(2) Construction on a site at which an existing source is located results in
a modification rather than a new source if the construction does not
create a new building, structure, facility, or installation meeting the
criteria of Section (l)(b) or (c) above but otherwise alters, replaces, or
adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous onsite
construction program:
(i) any placement, assembly, or installation of facilities or
equipment; or
(ii) significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or
facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of
facilities or equipment which are intended to be used in its
operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies
do not constitute a contractual obligation under this paragraph.
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Noncontact cooling water: Water used for cooling, which does not come
into direct contact with any raw material, intermediate product, waste product, or
finished product.
Significant noncompliance (SNC): An industrial user is in significant
noncompliance if its violation meets one or more of the criteria described in
40 CFR 403.8(f)(2)(vii)(A-H), as same may be amended from time to time.
Slugload: A slug discharge is any discharge of a non-routine, episodic
nature, including but not limited to an accidental spill or a non-customary batch
discharge.
Texas Commission on Environmental Quality (TCEQ): Formerly referred to
as the Texas Natural Resource Conservation Commission (TNRCC). TCEQ is an
agency of the state given responsibility for implementing the Constitution and the
laws of this state relating to water. In this article, the acronym "TCEQ'' shall
replace all references previously referred to as "TNRCC" requirements.
SECTION 2. THAT Section 28-72 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended by deleting the abbreviations and designated
meanings of "NPDES" and "TNRCC", and adding the following abbreviations and
designated meanings thereto:
Abbreviations:
NPDES
RCRA
TCEQ
TNRCC
-National Pollution Discharge Elimination System or
Texas Pollution Discharge Elimination System, as
appropriate
-Resource Conservation Recovery Act
-Texas Commission on Environmental Quality
-Texas Commission on Environmental Quality
SECTION 3. THAT Section 28-98 of the Code of Ordinances of the City of
Lubbock, Texas, is amended by deleting the first sentence, and the first sentence only,
and adding the following as the first sentence of Section 28-98:
Sec. 28-98. General discharge prohibitions.
A user may not introduce into a POTW any pollutant(s) which cause(s)
pass through or interference.
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SECTION 4. THAT Section 28-99 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-99. Specific Pollutant Limitations.
No person shall discharge wastewater containing in excess of:
Substance
Arsenic
Barium
BOD5 (Composite)
BOD5(Grab)
Cadmium
Chromium (Hexavalent)
Chromium (Total)
Copper
Cyanide
Lead
Mercury
Nickel
Selenium
Silver
Zinc
Quantity mg/I
0.50
10.00
3,000.00
5,000.00
0.50
0.69
12.04
3.00
0.30
1.00
0.00*
4.00
0.10
0.50
4.69
*Compliance measured at the minimum analytical level (MAL)
SECTION 5. THAT Chapter 28 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended by adding Section 28-104.1, to read as follows:
Sec. 28-104.1. National categorical pretreatment standards.
The categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405-471, as amended, are hereby incorporated into the Code
of Ordinances the same as if set forth herein verbatim:
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(1) Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater, the
director of water utilities may impose equivalent concentration or mass
limits in accordance with 40 CFR 403.6(c).
(2) When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the
director of water utilities shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
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(3) A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge are
fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
( 4) A user may obtain a net gross adjustment to a categorical standard in
accordance with 40 CFR 403.15.
SECTION 6. THAT Section 28-112 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-112. Act of God.
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(a) For the purposes of this section, an "act of God" means an incident
caused solely by an act of God, war, strike, riot, or other catastrophe.
(b) An act of God shall constitute an affirmative defense to an action
brought for noncompliance with Division 3 of this article if the
requirements following are met.
( c) A user who wishes to establish the affirmative defense of an act of
God shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(1) An act of God occurred and the user can identify the elements
and factors evidencing the act of God.
(2) The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable
operation and maintenance procedures; and
(3) The user has submitted the following information to the
director of water utilities within twenty-four (24) hours of
becoming aware of the act of God; if this information is
provided orally, a written submission must be provided within
five (5) business days:
a. A description of the indirect discharge and cause of
noncompliance;
b. The period of noncompliance, including exact dates and
times or, if not corrected, the anticipated time the
noncompliance is expected to continue; and
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c. Steps being taken and/or planned to reduce, eliminate,
and prevent recurrence of the noncompliance.
SECTION 7. THAT Chapter 28 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended by adding Section 28-113, to read as follows:
Sec. 28-113. Regulation of waste received from outside municipal
jurisdiction.
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(1) If another municipality or other governmental authority ("contributing
municipality") contributes wastewater to the POTW, the city shall
enter into an agreement with the contributing municipality.
(2) Prior to entering into an agreement required by paragraph 1, above, the
city shall request the following information from the contributing
municipality:
a. A description of the quality and volume of wastewater
discharged to the POTW by the contributing municipality;
b. An inventory of all users located within the contributing
municipality that are discharging to the POTW; and
c. Such other information as the city may deem necessary.
(3) An agreement, entered into after January 1, 2004, as required by
paragraph (I), above, shall contain the following conditions:
a. A requirement for the contributing municipality to adopt a
sewer use ordinance which is at least as stringent as this
ordinance and local limits which are at least as stringent as
those set out in Section 28-99. The requirement shall specify
that such ordinance and limits must be revised as necessary to
reflect changes made to the city's ordinance or local limits;
b. A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis;
c. A provision specifying which pretreatment implementation
activities, including wastewater discharge permit issuance,
inspection and sampling, and enforcement, will be conducted
by the contributing municipality; which of these activities will
be conducted by the city; and which of these activities will be
conducted jointly by the contributing municipality and the
city;
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d. A requirement for the contributing municipality to provide the
director of water utilities with access to all information that
the contributing municipality obtains as part of its
pretreatment activities;
e. Limits on the nature, quality, and volume of the contributing
municipality's wastewater at the point where it discharges to
the POTW;
f. Requirements for monitoring the contributing municipality's
discharge;
g. A provision ensuring the director of water utilities access to
the facilities of users located within the contributing
municipality's jurisdictional boundaries for the purpose of
inspection, sampling, and any other duties deemed necessary
by the director of water utilities; and
h. A provision specifying remedies available for breach of the
terms of the agreement.
SECTION 8. THAT Section 28-118 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended by adding Subparagraph 14 through Subparagraph
28, to read as follows:
(14) name and title of industrial user (IU) official;
( 15) list of any other environmental permits the IU has held;
( 16) applicable categorical standards such as: the date IU commenced
discharge to the city, date of receipt of baseline monitoring report
(BMR), date of receipt of the 90 day report for categorical
industrial users (CIUs);
(17) certification or the requirement of total toxic orgamcs (TTO)
monitoring;
(18) submittal of toxic orgamc management plan (TOMP) or other
management plan;
(19) any planned changes in the production rate by the IU;
(20) identification of sources of discharge -such as regulated, dilution
flow, unregulated, (used for the combined wastewater formula to
derive pollutant limits);
(21) indication of the applicability of combined wastewater formula;
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(22) estimation or measurement of process and nonprocess flows;
(23) identification of types of discharge, such as continuous or batch
discharge;
(24) description of pretreatment facilities;
(25) submittal of slug discharge control plan as required under 40 CFR
403.8(f)(2)(v), if needed;
(26) description of manufacturing facilities;
(27) description of chemical spill prevention areas; and
(28) list of hazardous waste and description of storage area of
hazardous waste.
SECTION 9. THAT Section 28-120 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-120. Permit conditions.
Wastewater contribution permits shall be expressly subject to all
provisions of this article and all other applicable regulations, user charges and
fees established by the city.
(I) Permits must contain the following:
a. A statement that indicates wastewater discharge permit
duration, which in no event shall exceed five (5) years;
b. A statement that the wastewater discharge permit is
nontransferable without prior notification to the city, and
provisions for furnishing the new owner or operator with a
copy of the existing wastewater discharge permit;
c. Effluent limits based on applicable pretreatment standards;
d. Self monitoring, sampling, reporting, notification, and record-
keeping requirements. These requirements shall include an
identification of pollutants to be monitored, sampling
location, sampling frequency, and sample type based on
Federal, State, and local law; and
e. A statement of applicable criminal penalties for violation of
pretreatment standards and requirements, and any applicable
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compliance schedule. Such schedule may not extend the
time for compliance beyond that required by applicable
Federal, State, or local law.
(2) Permits may contain the following:
a. The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a community sewer;
b. Limits on the average and maximum wastewater constituents
and characteristics;
c. Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization;
d. Requirements for installation and maintenance of inspection
and sampling facilities;
e. Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule;
f. Compliance schedules;
g. Requirements for submission of technical reports or discharge
reports per Section 28-130;
h. Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the city, and
affording city access thereto;
1. Requirements for notification to the city of any new
introduction of wastewater constituent or any substantial
change in the volume or character of the wastewater
constituent being introduced into the wastewater treatment
system and the right of the city to deny or condition new or
increased contributions of pollutants, or changes in the nature
of pollutants, to the POTW by industrial users where such
contributions do not meet applicable Pretreatment Standards
and Requirements or where such contributions would cause
the POTW to violate its NPDES permit;
j. Requirements for notification of slug discharges as per
Section 28-11 O;
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k. Other conditions as deemed appropriate by the city to ensure
compliance with this article and state and federal laws, rules,
and regulations.
SECTION 10. THAT Section 28-123 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-123. Wastewater discharge permit revocation.
The director of water utilities may revoke a wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the director of water utilities of significant changes
to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the director of water utilities of
changed conditions pursuant to Section 28.120 (2) (i) of this
ordinance;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the director of water utilities timely access to the
facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12) Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
( 13) Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this ordinance.
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Wastewater discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All wastewater discharge permits issued to a particular
user are void upon the issuance of a new wastewater discharge permit to that user.
SECTION 11. THAT Section 28-129 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-129. Compliance data report.
Within ninety (90) days following the date for final compliance with
applicable categorical pretreatment standards, or in the case of a new source
following commencement of the introduction of wastewater into the POTW, any
user subject to such pretreatment standards and requirements shall submit to the
director of water utilities a report containing the following information:
(1) Flow measurement. Information showing the measured average
daily and maximum daily flow in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined wastestream formula set out in 40 CFR
403.6(e).
(2) Measurement of Pollutants.
(a) The categorical pretreatment standards applicable to each
regulated process.
(b) The results of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the
standard or by the director of water utilities, of regulated
pollutants in the discharge from each regulated process.
Instantaneous, daily maximum, and long-term average
concentrations, or mass, where required, shall be reported.
The sample shall be representative of daily operations and
shall be analyzed in accordance with 40 CFR Part 136.
( c ) Sampling must be performed in accordance with
procedures set out in Section 28-132.2.
(3) Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (0 & M)
and/or additional pretreatment is required to meet pretreatment
standards and requirements.
SECTION 12. THAT Section 28-130.1 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
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Sec. 28-130.1. Baseline monitoring reports.
Within either one hundred eighty (180) days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a
category determination under 40 CFR 403.6(a)( 4), whichever is later, existing
categorical users currently discharging to or scheduled to discharge to the POTW
shall submit to the director of water utilities a report which contains the
information listed in 40 CFR 403.12(b). At least ninety (90) days prior to
commencement of their discharge, new sources, and sources that become
categorical users subsequent to the promulgation of an applicable categorical
standard, shall submit to the director of water utilities a report which contains the
information listed in 40 CFR 403.12(b). A new source shall report the method of
pretreatment it intends to use to meet applicable categorical standards. A new
source also shall give estimates of its anticipated flow and quantity of pollutants
to be discharged. The city may prescribe, and the categorical user shall comply
with, compliance schedules required under 40 CFR 403.12(b)(7) and (c), and
progress reports required under 40 CFR 403.12(c), as each of same may be
amended.
SECTION 13. THAT Chapter 28 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended by adding Section 28-132.1 to read as follows:
Sec. 28-132.1. Record keeping.
Users subject to the reporting requirements of this ordinance shall retain,
and make available for inspection and copying, all records of information
obtained pursuant to any monitoring activities required by this ordinance and any
additional records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements. Records shall include
the date, exact place, method, and time of sampling, and the name of the person( s)
taking the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results of such
analyses. These records shall remain available for a period of at least three (3)
years. This period shall be automatically extended for the duration of any
litigation concerning the user or the city, or where the user has been specifically
notified of a longer retention period by the director of water utilities.
SECTION 14. THAT Chapter 28 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended by adding Section 28-132.2 to read as follows:
Sec. 28-132.2. Sample collection.
(1)
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Except as indicated in Section 2, below, the user must collect
wastewater samples using flow proportional composite collection
techniques. In the event flow proportional sampling is infeasible,
the director of water utilities may authorize the use of time
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proportional sampling or a mm1mum of four (4) grab samples
where the user demonstrates that this will provide a representative
sample of the effluent being discharged. In addition, grab samples
may be required to show compliance with instantaneous discharge
limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds must be obtained using
grab collection techniques.
SECTION 15. THAT Chapter 28 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended by adding Section 28-132.3 to read as follows:
Sec. 28-132.3. Search warrants
If the city has been refused access to a building, structure, or property, or
any part thereof, and is able to demonstrate probable cause to believe that there
may be a violation of this ordinance, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the city designed
to verify compliance with this ordinance or any permit or order issued hereunder,
or to protect the overall public health, safety and welfare of the community, then
the director of water utilities may seek issuance of a search warrant from a court
of law with jurisdiction to issue same.
SECTION 16. THAT Section 28-137 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 28-137. Administrative procedure.
(a) The administrative procedure to address noncompliance with this
chapter shall be as follows:
(1)
(2)
(3)
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Depending on the severity of the noncompliance, the initial
notification shall be one of the following: verbal notification or
warning, letter of concern, or warning notice requiring correction
of the situation within a period of ten (I 0) to thirty (30) days as
specified by the inspector.
Depending on the severity of the noncompliance, the second
notification will be one of the following: warning notice, or
violation notice requiring correction of the situation within a
period of ten (10) to thirty (30) days as specified by the inspector.
Depending on the severity of the noncompliance, the third
notification will be one of the following: violation notice requiring
correction of the situation within a period of ten (10) days as
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specified by the inspector, or issuance of a citation for violation of
this chapter if such noncompliance has not been corrected.
( 4) Issuance of a citation for violation of this chapter if noncompliance
has not been corrected.
(b) The procedure outlined in this section shall not be deemed to
supersede the procedure set forth in Section 28-136 for any actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment, causes
interference to the POTW or contributes to causing the city to be in violation of
its TCEQ permit and NPDES permit.
SECTION 17. THAT violation of any provision of this Ordinance shall be
punishable as provided in Chapter 28 of the Code of Ordinances of the City of Lubbock,
Texas.
SECTION 18. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 19. THAT the City Secretary is hereby authorized and directed to
cause publication of the descriptive caption of this Ordinance as an alternative method of
publication by law.
AND IT IS ORDERED
Passed by the City Council on first reading this 10th day of __ =Ju=l~Y'-----'' 2003.
Passed by the City Council on second reading this 24th day of __ J_u"""'"'ly"------' 2003.
ATTEST:
Q~~-
Rebecca Garza, City Secretary 0
Chapter 28 Page 14 of 15
APPROVED AS TO CONTENT:
Ml111:r:t Gm~
Wastewater Systems Supervisor
APPROVED AS TO FORM: v1c?~
Richard K. Casner -..........,
Natural Resources Attorney
ke/1/ccdocs/Chp28Amend.Ord.2003.Addl.accptd
June 26, 2003
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