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0567 AN ORDINANCE REGULATING THE DISCHARGE OF WASTES INTO THE sANITARY SEWER OF THE CITY OF SOUTHLAKE; PROVIDING DEFINITIONS; ESTABLISHING A PERMIT SYSTEM; AUTHORIZING THE DII%ECTOR OF PUBLIC WORKS TO PROMULGATE RULES PERTAINING TO THE PERMIT SYSTEM; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF OTHER ORDINi%NCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVER~BILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING A PENALTY: 1%ND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas has provided facilities for the collection and treatment of wastewater to promote the health, safety, and convenience of its citizens and for the safeguarding of water resources common to all; and WHEREAS, provision has been made in the design, construction, and operation of such facilities to accommodate certain types and quantities of industrial wastes in addition to normal wastewater; and WHEREAS, it is the obligation of the producers of industrial waste to defray the costs of the wastewater treatment services rendered by the City of Southlake in an equitable manner and, insofar as it is practicable, in proportion to benefits derived; and WHEREAS, protection of the quality of the effluent and proper operation of the wastewater collection and treatment facilities and quality of effluent may require either the exclusion, pretreatment, or controlled discharge at point of origin of certain types or 2quantities of industrial wastes; and WHEREAS, the City of Southlake shall require future compliance with any rules and regulations promulgated under Section 307 of the Clean Water Act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. TITLE. This ordinance shall be cited as the Southlake Wastewater Ordinance. SECTION 2. DEFINITIONS. When used in this ordinance, the following terms shall have the meanings prescribed below: (1) Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended. The Regional Administrator of the EPA or (2) Administrator: his or her designee. (3) Authorized Representative: Authorized representatives (Authorized Signatories) for wastewater discharge permit applications and for reports submitted by an industrial user are: (A) A responsible corporate officer, if the discharger submitting the application or report is a corporation. This includes the president, vice-president, secretary or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation. (B) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (C) For a partnership or sole proprietorship, a general partner or the proprietor, respectively. (D) The principal executive officer or director having responsibility for the overall operation of the facility if the discharger is a federal, state or local governmental entity, or its agency. (E) A duly authorized representative of the individual(s) designated in paragraphs (A), (B), (C), and (D) above if the representative is responsible for the overall operation of the facilities from which the discharge originates, when submitted in writing to the City. (4) Baseline Monitoring report (BMR): A report submitted by categorical industrial users within 180 days after the effective date of an applicable categorical standard which indicates the compliance status of the user with the categorical standard [40 CFR 403.12(b) ]. (5) Biochemical Oxygen Demand, 5 Day or ,'B.O.D. (5)": The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, as specified in "Standard Methods", in five days at twenty (20) degrees Centigrade, expressed as parts per million by weight or in terms of milligrams per liter. (6) Biochemical Oxygen Demand, 7 Day or ,,B.O.D. (7)": The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedures, as specified in ,'Standard Methods", in seven days at twenty (20) degrees Centigrade, expressed as parts per million by weight or in terms -2- of milligrams per liter. (7) Building sewer: The extension from the building drain to the public sewer or other place of disposal (also called the house lateral and house connection). (8) Bypass: The intentional diversion of wastestreams or wastewater from any portion of a discharger's wastewater treatment equipment or pretreatment facility. (9) Categorical Pretreatment standards: Limitations on pollutant discharges to POTW's promulgated by EPA in accordance with Section 307 of the Act, that apply to specified process wastewaters of particular industrial categories [40 CFR 403.6 and Parts 405-471]. {10) C.O.D. (chemical oxygen Demand): The measure of the oxygen consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/1 as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. (11) CFR: Code of Federal Regulation. (12) City: City of Southlake, Texas or and authorized person acting in its behalf. (13) Composite Sample: A mixture of grab samples collected at the same sample point at different times and composed of not less than four samples. The series of samples may be collected on a time or flow proportional basis. (A) Time Proportional Composite Sample - A sampling method which combines discrete samples of constant volume collected a~ constant time intervals (e.g., 200 milliliter samples collected every half hour for a 24 hour period). (B) Flow Proportional Composite Sample - A sampling method which combines discrete samples collected over time, based on the flow of the wastestream being sampled. There are two methods used to collect this type of sample. One method collects a constant sample volume at time intervals which vary based on the stream flow [e.g., 200 milliliters of samples collected for every 5,000 gallons discharged]. The other method collects samples of varying volume, based on stream flow, at constant time intervals. (14) cooling Water: The water discharged from any system of condensation such as air conditioning, cooling, refrigeration, or water used as a coolant in cooling towers where the only pollutant is thermal. -3- (15) Director: The Director of Public Works of the City, or his authorized representative. (16) Discharger: Any non-residential user discharging an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto. The term includes owners and occupants of such premises. (17) Environmental Protection Agency or EPA: The U.S. Environmental Protection Agency or its authorized representative. (18} Existing Source: A source of discharge, the construction or operation of which commenced before the publication of proposed categorical pretreatment standards which will be applicable to the source if the standard is promulgated in accordance with Section 307 of the Act. (19) Garbage: Solid waste from domestic or commercial preparation, cooking or dispensing of food or from the handling, storage, and sale of produce. (20) Grab Sample: A sample which is taken from a waste stream on a one time basis with no regard to the flow of the waste stream and without consideration of time. The sample is collected over a period of time not exceeding fifteen (15) minutes. (21) Industrial Waste: Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources. (22) Industrial Waste charges and Fees: The charges or fees made on those persons who discharge industrial wastes into the city's sewage system. (23) Industrial Wastewater: Industrial waste mixed with water. (24) Interference: A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (A) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (B) Is the cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent -4- state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act {SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. (25) Maximum Daily Average: The maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a daily composite sample. When wastewaters are collected and stored for more than a day prior to discharge, such as batch discharges, a laboratory test of a grab sample of the stored wastewater may be used to determine the maximum daily average concentration. (26) M=ximum Daily Limit: The maximum allowable discharge of pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass the daily discharge is the total mass discharged (27) Maximum Grab: The maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a grab sample. (28) mg/L: Milligrams per liter means the same as parts per million and is a weight-to-volume ratio; the milligram-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water. (29) National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of Industrial Users. (30) New Source: (A) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: structure, facility or at which no other source is (i) The building, installation is constructed at a site located: or (ii) The building, structure, facility or insfallation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (iii) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site, factors such as the extent 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. (B) 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 (A) (ii) or (iii) above but otherwise alters, replaces, or adds to existing process or production equipment. (C) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (i) begun, or caused to begin as part of a continuous on site construction program: or installation (aa) any placement, assembly, of facilities or equipment; or (bb) 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 (ii) 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. (31) Normal Domestic W&stewater: Wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 300 mg/1 and BOD is not more than 250 mg/1. (32) NPDES: National Pollutant Discharge Elimination System permit program of the Environmental Protection Agency. (33) 0&M: Operation and maintenance. (34) Other wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, and all other substances except sewage and industrial wastes. (35) Overload: The imposition of organic or hydraulic l~ading on a treatment facility in excess of its engineered design capacity. (36) Owner or Occupant: The person, firm, or public or private corporation, using the lot, parcel of land, building or premises connected to and discharging sewage, industrial wastewater or liquid, into the sanitary sewage system of the City, and who pays, or is legally responsible for the payment of, water rates or charges made against the lot, parcel of land, building or premises if connected to the water distribution system of the City, or who would pay or be legally responsible for the payment if so connected. (37) Pass Through: The discharge of pollutants through the POTW into navigable waters of the United States in quantities or concentrations which are a cause of, or significantly contributes to, a violation of any requirement of the POTW's NPDES permit. (38) Permit: Wastewater Discharge Permit expressing the terms and conditions whereby dischargers are authorized to discharge industrial waste into the sanitary sewer system of the POTW. (39) Person: Any individual, business entity, partnership, corporation, governmental agency, political subdivision, or other legal entity, or any agent or employee thereof. (40) p~: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in grams per liter of solution, measured and calculated in accordance with "Standard Methods". (41) chemical water. Pollution: physical, The man-made or man-induced alteration of the biological, and radiological integrity of (42 Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. (43) PO~W (Publicly O~Kned Treatment Works): Any sewage treatment plant as defined by Section 212 of the Act, (33 U.S.C. 1291), owned and operated by the City and the sewers, pipes and conveyances owned in whole or in part by the City or by another entity, that convey wastewater to the POTW. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste cf a liquid nature. (44) Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties ~in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sanitary sewer. (45) Pretreatment Requirements: Any substantive procedural requirement related to pretreatment, other than National Pretreatment Standard, imposed on an industrial user. or a (46) Pretreatment Standard: The term"National Pretreatment Standard," "Pretreatment Standard," or "Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR Part 403.5. (47) Priority Pollutants: A list of toxic pollutants established by the Administrator in accordance with Section 307(a) (1) of the Act and revised from time to time thereafter. (48) Public or Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage to the POTW, and into which storm water, surface water, groundwater, and other unpolluted wastes are not intentionally passed. (49) Severe Property Damage: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can be reasonably expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (50) Sewage: Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present. (51) Shall: Is mandatory. (52) significant Industrial User: (A) Ail industrial users subject to categorical pretreatment standards and any other industrial user that: (i) discharges an average of 25,000 gallons per day or more of process wastewater to a POTW (excluding sanitary, noncont~ct cooling or boiler blowdown wastewater); (ii) discharges a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of a POTW; or (iii) is designated as such by the City on the basis that the industrial user has a reasonable potential for adversely affecting a POTW's operation or for violating any pretreatment standard or requirement. (B) Upon a finding that a noncategorical industrial user meeting the criteria for a significant industrial user has no reasonable potential for adversely affecting a POTW's operation or for violating any pretreatment standard or requirement, the City may at any time on its own initiative or in response to a petition received from a noncategorical industrial user, determine the user is not a significant industrial user. (53) Significant Non-Compliance Under CFR 403.8(f) (2) (vii): An industrial user is in significant non-compliance if it meets one or more of the following criteria: (A) Chronic violations of wastewater discharge limits, defined as those in which sixty-six percent (66%) or more of all of the measurements taken during a six-month period exceed (by any magnitude) the maximum daily limit or the maximum daily average for the same pollutant parameter; (B) Technical review criteria (TRC) violations, defined as those in which thirty-three percent (33%) or more of all of the measurements taken during a six-month period equal or exceed the product of the maximum daily average or the daily average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH); 2 (C) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the city believes has caused, along or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); (D) Any discharge of a pollutant that has caused imminent endangerment to human health welfare or to the environment and has resulted in the POTW's exercise of its emergency authority under paragraph (f) (1) (vi) (b) of 40 CFR part 403.8 to halt or prevent such a discharge; (E) Violation, by ninety days or more after the schedule date, of a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance; (F) Failure to provide required reports such as baseline monitoring reports, 90-day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules within thirty days (30) of the due date; (G) Failure to accurately report noncompliance; or any other violation or group of violations which the City considers to be significant. (54) Slug or Slugload: Any substance (including Biochemical Oxygen Demand) released in a discharge at a flow rate and/or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) to 403.12(f), or hydraulically overloads the sanitary sewer collection system. This includes, but is not limited to, an accidental spill or non- customary batch discharge. (55) Standard Industrial Classification (SIC): A classification pursuant to the Standard Industrial Classification Manual issued by the Executive office of the President, office of Management and Budget, 1972. (56) Storm Sewer: A public sewer which carries storm, ground, and surface waters and drainage, and into which domestic wastewater or industrial wastes are not intentionally passed. (57) storm Water: Rainfall or any other form of natural precipitation. (58) substantial: For the purposes of this ordinance substantial shall mean a change or deviation of twenty percent (20%) or more. (59) Suspended Solids (SS): Solids measured in mg/1 that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which are largely removable by a laboratory filtration device. (60) To Discharge: Includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, to permit, or to suffer any of these acts or emissions. (61) Total Suspended Solids (TSS): Solids that either float on the surface of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering. (62) Total Toxic Organics (TTO): The sum of the masses or concentration of specific toxic organic compounds found in industrial users' process discharge at a concentration greater than 0.01 mg/1. (63) Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator under the provision of CWA 307(a) or other Acts. (64) User: Any person, located within or outside of the City limits, who discharges, causes, or permits the discharge of wastewater into the City's POTW. (65) Waste: Rejected, unutilized or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, or industrial activities. (66) Wastew&ter: Industrial waste, sewage or any other waste that has been used by and discharged to the POTW from an industry, commercial enterprise, household or other water consumer, including that which may be combined with any groundwater, surface water or storm water. (67) Wastewater Facilities: Includes all facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes (same as POTW). SECTION 3. PURPOSE AiqD POLICY. (a) This ordinance provides for prohibitions on discharges of certain substances into the public sewer system of the city from all sources, domestic, commercial, or industrial. A further purpose of this ordinance is to set forth uniform requirements for industrial dischargers into the POTW City wastewater collection and treatment systems, and to enable the city to protect the public health in conformance with all applicable state and federal laws. Parts of this ordinance are enacted pursuant to regulations established by the U.S. Environmental Protection Agency (EPA) as set forth in 40 CFR Part 403. (a) Ail categorical pretreatment standards, lists of toxic pollutants, industrial categories and other standards and categories which have been or which will be promulgated by the EPA shall be incorporated as a part of this ordinance, as will EPA regulations regarding sewage pretreatment established pursuant to the Act, and amendment of this ordinance to incorporate such changes shall not be necessary. The City shall maintain current standards and regulations which shall be available for inspection and copying. (c) The objectives of this ordinance are: (1) to prevent the introduction of pollutants into the city wastewater system which will interfere with the normal operation of the system, including interference with the use or disposal of sludge, or which will contaminate the resulting sludge; (2) to prevent the introduction of pollutants into the City wastewater system which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere or which are otherwise incompatible with the system; and (3) to improve the opportunity to recycle or reclaim municipal and industrial wastewaters and sludges. (d) The regulation of discharges into the City wastewater system shall be accomplished through the issuance of permits and by monitoring and inspection of facilities according to this ordinance. (e) The Director shall have the authority to promulgate such administrative regulations as are from time to time necessary for the enforcement of this ordinance. SECTION 4. DISCHARGE PROHIBITIONS AND LIMITATIONS. (a) Discharges to Storm sewers and Watercourses. No person shall discharge or cause to be discharged any wastewater into any storm sewer or watercourse within the City, except for those persons with approved permits for such discharges. (b) Prohibited discharges. or cause to be discharged any runoff, subsurface drainage or drains, yard fountains and ponds, sewer. (1) NO person shall discharge storm water, groundwater, roof drainage from downspouts, yard or lawnsprays into any sanitary (2) No person shall discharge or cause to be discharged, any water from swimming pools, unpolluted industrial water, or cooling water from various equipment into sanitary sewers if an alternate acceptable means of disposal is available. If an alternate acceptable means of disposal is not available, such water may be discharged into the sanitary sewer provided the water meets the discharge prohibitions and limitations of this ordinance. (c) Prohibited Sewer Connections, Including Trucked or Hauled Wastewater. No person shall discharge or caused to be discharged into the sanitary sewer any wastewater or solid, including trucked or hauled wastes, unless the discharge, at a designated discharge point, has been approved by the City. (d) Prohibited Wastewater Constituents. No person shall discharge or cause to be discharged directly or indirectly, into any public sanitary sewer any pollutant or wastewater that will cause pass through or interference with the operation or performance of the POTW, including but, not limited to the following described substances, materials, water, or waste: (1) petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause obstruction of flow in the sewer line, or interference or pass through; (2) pollutants which create a fire or explosion hazard in the sewer system or POTW, including but not limited to, pollutants with a closed cup flashpoint of les~ than one hundred forty degrees Fahrenheit or sixty degrees Centigrade using the test methods specified in 40 CFR Part 261.21. This includes flammable or explosive liquids, solids or gases such as gasoline, kerosene, benzene, naphtha, etc., which by reason of their chemical properties or quantity, may be sufficient, either alone or by interaction, to cause fire or explosion; (3) solids or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference with proper operation of the POTW, such as, but not limited to, ashes, cinder, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids; (4) acids or alkalies capable of causing damage to sewage disposal structures or personnel or having a pH value lower than 5.0 or higher than 11.0. (5) any pollutants identified pursuant to Section 307(a) of the Act, in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to pass through the treatment plant and impair aquatic life in receiving water of the POTW, or to exceed the limitation set forth in a Categorical Pretreatment Standard. (6) any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or which may prevent entry into the sewers for their maintenance and repair; (7) any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process as determined pursuant to criteria in this ordinance. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Resource Conservation and Recovery Act, or state standards applicable to the s~udge management method being used; (8) any substance which will cause the POTW to violate its NPDES or other disposal system permits, or the receiving stream water quality standards; (9) any substance with objectionable color 'not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions; (~0) any substance having a temperature which inhibits or interferes with biological activity in the POTW treatment plant. In no case shall wastewater be introduced which would have a temperature exceeding 40 degrees Centigrade (104 degrees Fahrenheit) upon entering the POTW treatment plant; (11) any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause inhibition or interference to the POTW. In no case shall any pollutant (including Biochemical Oxygen Demand) be released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) to 403.12(f); (12) radioactive wastes or isotopes with a half-life or concentration exceeding limits established by the City in compliance with applicable state or federal regulations; (13) any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150) sixty five degrees Centigrade (65); (14) any water or waste which contains wax, grease, oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between thirty-two degrees (32) to one hundred fifty degrees (150) Fahrenheit, thereby contributing to the clogging, plugging or otherwise restricting the flow of wastewater through the collection system; (15) any garbage that has not been properly comminuted or shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in dimension; (16) any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life, or form solids in concentrations exceeding limits established in this ordinance, or creates any other condition deleterious to structures or treatment processes, or requires unusual provisions, attentions or expense to handle; (17) any dump or slugload of waste containing concentrated organic solvents or mixtures of solvents which are defined as hazardous by the Federal Resource Conservation and Recovery Act; w&ete.ord -14- (18) wastewaters which emanate vapors causing the atmosphere in the sewer system to exceed 20% of the lower explosive limit in the immediate area of the discharge; or (19) any wastewater which causes a hazard to human life or creates a public nuisance. (e) Oils, Greases, Metals and Other Pollutants. No person shall discharge or cause to be discharged, directly or indirectly, into any sanitary sewer any wastewaters containing or having: (1) free or emulsified fats, oils, and greases exceeding (on analysis) an average of 200 mg/L (1668 pounds per million gallons) of either or combinations of free or emulsified oil and grease if in the opinion of the Director it appears probable that the wastes either singly or in combination with discharges: (A) can deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (B) can overload skimming and grease handling equipment; (C) are not amenable to bacterial action or other treatment processes presently being employed by the POTW and will, therefore, pass to the receiving waters without being affected by normal wastewater treatment processes; or (D) can have deleterious effects on the treatment process due to excessive quantities. (2) Metals in the form of compounds or elements with total concentrations exceeding the following: MAXIMUM DAILY MAXIMUM GRAB AVERAGE mq/L (ma/L) Arsenic 0.5 0.3 Cadmium 0.3 0.9 chromium 4.0 15.0 Copper 3.0 9.0 C~anides 1.0 Hydrogen Sulfide lO.O Lead 2.9 8.7 Mercury 0.01 0.03 Nickel 5.0 6.0 Silver 0.3 0.3 Zinc 5.0 15.0 TTO 2.13 No other hazardous metals or toxic materials may be discharged into public sewers without a permit from the City specifying conditions o~ pretreatment, concentrations, volumes, and other applicable provisions. (3) Cyanide or cyanogen compounds [(expressed as to%al CN-) ] in excess of 1.0 mg/L. (4) Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10 parts per million. (5) Pollutants in excess of the limitations established in an applicable categorical pretreatment standard set forth in Title 40, CFR. (f) storage of Prohibited Waste. Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. Ail floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the POTW. (g) Authority of the Director. When the Director determines that a user is discharging to the POTW, any of the above numerated substances in such amounts as to cause pass through or interference with operation of the POTW, the Director shall advise the user of the impact of the discharge on the POTW; and may develop effluent limitation(s) for the user to correct the interference with the POTW, or require the user to discontinue the discharge. SECTION 5. SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS. (a) Compliance with Standards. (1) State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance. (2) No discharger shall increase the use of potable or processed water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this ordinance. (3) Where it is determined to be appropriate the City may apply mass limitations expressed in pounds per day of pollutant discharged. (b) Federal Categorical Pretreatment Standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this ordinance. It shall be the responsibility of each user to be knowledgeable of all regulations applicable to the user. Failure of the Director to identify new users or to notify existing users of new federal regulations shall not relieve the user of the requirement of compliance. (c) Accidental Discharges. (1) Protection. Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this ordinance. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. When applicable, detailed plans showing facilities and operating procedures to provide this protection ("spill plan") shall be submitted to the City for review, and shall be approved by the City before construction of the facility. (2) Spill Plan. Approved pretreatment programs must evaluate, at least once every two years, whether each significant industrial user needs a spill plan (40 CFR 403.8(f) (2) (v)), to control slug discharges as defined under 40 CFR 403.5(b). If the POTW decides that a plan is needed, the plan shall contain at least the following elements: (A) description of discharge practices, including nonroutine batch discharges; (B) description of stored chemicals; (C) procedures for promptly notifying the POTW of slug discharges including any discharge that would violate a specific prohibition under 40 CFR 403.5(b), and procedures for follow-up written notification within five days; (D) if necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response; and (E) if necessary, follow-up practices to limit the damage suffered by the treatment plant or the environment. (3) User's Responsibility. Review and approval of these plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facilities as necessary to meet the requirements of this ordinance. (4) Notices. (A) Telephone Notice. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the city of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. (B) written Notice. Within five (5) days following an accidental discharge: the user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. This notification shall not relieve the user of any expense, loss, damage, fine, civil penalty, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property. (C) Notice to Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (d) Wastewater Discharges into Private Sewer systems. All dischargers who discharge wastewater into a private sewer system shall comply with this ordinance provided, however, that flow measurement may be based on metered wa=er consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the City's personnel to enter onto the owner's property for purposes of inspection and monitoring of discharger's premises, and for enforcement pursuant to the terms of this ordinance. (e) Prohibition of Bypass. (1) Bypass of a discharger's treatment equipment or treatment facility is prohibited and the City may take enforcement action against the discharger unless: (A) the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (B) there were no feasible alternatives to the bypass, such as use of auxiliary treatment facilities, retention of untreated wastewater, or maintenance during normal periods of downtime. This condition is not satisfied if, in the exercise of reasonable engineering judgment, adequate back-up ecp/ipment should have been, installed to prevent a bypass which occurred during normal periods of equipment downtime or maintenance; and notice of the of (C) the discharger submitted advanced, written need for a bypass. (2) The discharger shall submit oral notice to the city an unanticipated bypass that exceeds categorical pretreatment standards or other discharge limits within 24 hours of the time the discharger becomes aware of the bypass. Written notice shall be provided within 5 days of the time the discharger becomes aware of the bypass. Written notice shall include a description of the bypass and its causes, duration of the bypass, steps taken to prevent the reoccurrence of the bypass, and must be signed by the authorized representative of the discharger. (3) The city may approve an anticipated bypass, after considering its adverse effects, if it determines that the bypass will meet all of the conditions of paragraph (1) above. (f) Notification of Hazardous Waste Discharges. Ail dischargers shall notify the City, the EPA Regional Waste Management Division Director, and the Texas Water commission Hazardous and Solid Waste Division Director, in writing of any discharge into a POTW of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Any notification under this paragraph must be submitted in conformance with 40 CFR Part 403.12 (p). SECTION 6. FEES. (a) Purpose. It is the purpose of this section to provide for the recovery of costs from users of the City's wastewater facilities for the cost of implementation of this ordinance. The applicable fees shall be set forth in the city's schedule of fees as approved by the city council. (b) Industrial Wastewater Fees. (1) The City may adopt fees which may include fees for: (1) reimbursement of costs of setting up and operating the City's pretreatment program; (2) monitoring, inspections and surveillance procedures; (3) reviewing accidental construction; discharge procedures and (4) permit applications; (5) filing appeals; (6) charges to recover cost associated with corrective actions taken by the City to mitigate, alleviate, or halt discharges which violate this ordinance, cause an obstruction or create an endangerment to public health. (7) other fees as the City may deem necessary to carry out the requirements of this ordinance. was%e.ord -19- (c) Use of Fees. These fees relate solely to the matters covered by this ordinance and are separate from all other fees chargeable by the City. rates plans SECTION 7. ADMINISTRATION. (a) permit to Discharge Industrial Wastewater. Ail significant industrial users proposing to connect to or discharge to the POTW shall obtain a permit before connecting to or discharging to the POTW. (b) Permit Application. Users rec~/ired to obtain a permit to discharge industrial wastewater shall complete and file with the City, an application in the form prescribed by the city. Existing users shall apply for a permit within 30 days after the effective date of this ordinance, and proposed new users shall apply at least 90 days prior to connecting to or discharging to the POTW. Existing users shall not discharge or cause discharges to the POTW after 90 days from the effective date of this ordinance, without a permit from the City. (c) Information Required. In support of the application the user shall submit, in units and terms appropriate for evaluation, the following information: (1) name, address, and location; (2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (3) wastewater constituents and characteristics used by, produced by, or reasonably expected to be found in the facility or its discharge as determined by a reliable analytical laboratory: (A) Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; (B) New users shall submit pollutant data of expected discharge concentrations by comparison to similar industries, pretreatment equipment manufacturers specifications or other justified means; (4) time and duration of discharge; (5) average daily and 30 minute peak wastewater flow including daily, monthly and seasonal variations, if any; (6) site plans, floor plans, mechanical or plumbing or process schematic diagram and details to show all sewers, -20- sewer connections, and appurtenances by the size and location; (7) description of activities, facilities, and plant processes on the premises, including, but not limited to, all materials which are or could be discharged, and all materials found on the premises which contain priority pollutants; (8) where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards; (9) a statement regarding whether or not the pretreatment standards are being met on a consistent basis. If not being met on a consistent basis, whether additional O&M or additional pretreatment is required for the user to meet applicable pretreatment standards. If additional pretreatment or O&M will be required to meet the Pretreatment Standards the user shall present the schedule which accomplishes the additional pretreatment in the shortest period of time. The following conditions shall apply to this schedule: (A) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring and engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). (B) No increment referred to in paragraph (A) shall exceed 9 months. (c) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not: (i) the date on which it expects to comply with this increment of progress; (ii) the reason for delay; and (iii) the steps being taken by the user to return the construction to the schedule established. (D) No more than nine months shall elapse between progress reports to the Director. (10) each product produced by type, amount, process or processes, if the National Categorical Pretreatment Standard is based upon production, or the rate of production; (11) type and amount of raw materials processed (average and maximum per day), if the National Categorical Pretreatment Standard is based upon the processing of raw materials; (12) number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; (13) any other information as may be deemed by the city to be necessary to evaluate the permit application. (d) Evaluation and Approval. The City will evaluate the completed applications and data furnished by the discharger and may require additional information. If, after evaluation, the application is determined to be satisfactory, then a permit shall be issued, within 60 days after the evaluation is complete. The wastewater discharge permit shall be subject to the conditions specified in the permit, this ordinance, and the regulations of the city. (e) Denial. If the application is denied, the applicant shall be notified in writing within 30 days of the reasons for the denial. If denial is based on the City's determination that the applicant cannot meet the wastewater discharge limitations of this ordinance, the City may specify that the applicant be required to provide pretreatment of the waste before it is acceptable for discharge. (f) Monitoring Facilities. Before the approval of a permit, unless exempted by the city, all dischargers shall provide monitoring facilities to allow inspection, sampling, and flow measurement of wastewaters before they enter the sanitary sewer of the city. Each monitoring facility shall be located on the discharger's premises; provided, however, where the location would be impractical or cause undue hardship to the discharger, the City may approve the placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in a safe and proper operating condition at the expense of the discharger. Failure to provide proper monitoring facilities shall be grounds for denial or revocation of a permit. (g) Permit conditions. (1) Nontransferable. Permits are issued to a specific discharger for specific operations and are not assignable to another discharger or transferable to any other location without the prior written approval of the City. (2) other Conditions. Permits may include as applicable, but shall not be limited to the following conditions: (A) limits on the average and maximum amount of certain wastewater constituents to be discharged; (B) limits on average and maximum rate and time of discharge and requirements for flow regulations and equalization; (C) requirements for installation and maintenance of inspection and sampling facilities; (D) location of approved discharge point(s); (E) additional conditions as the City may reasonably require under particular circumstances, applicable to the monitoring of certain discharges, including sampling locations, frequency of sampling, number, types, and standards for tests, laboratory analysis methods, and reporting schedules; (F) compliance schedules; (G) requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this ordinance; (H) duration of Permit; (I) statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements; (J) other conditions determined to be necessary by the City to ensure compliance with this ordinance and other applicable local, state, and federal laws. (h) Permit Modifications. (1) The City reserves the right to amend any permit issued under this ordinance in order to assure compliance by the city with applicable laws and regulations. The City may amend any permit for good cause including, but not limited to, the following: (A) to incorporate any new or revised federal, state, local or pretreatment standards or requirements; (B) material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit; (C) a change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; (D) information indicating that the permitted discharge poses a systems, (E) permit; (F) all relevant facts reporting; threat to the City's collection and POTW personnel, or the receiving waters; treatment violation of any terms or conditions of the misrepresentation or failure to disclose fully in the permit application or in any required (G) to correct typographical or other errors in the permit; (H) to reflect transfer of the facility ownership and/or operation to a new owner/operator; (I) to revise or grant a variance from categorical pretreatment standards pursuant to 40 CFR 403.13; and (J) upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations. (2) The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. (i) Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in this ordinance are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Users must submit a new application 90 days before the expiration of their permit. (j) Permit Nonuse. Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit. 8ECTION 8. REPORTING REQUIREMENTS FOR PERMITTEE. (a) Compliance Date Report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to w&,%8 .ord -24- pretreatment standards shall submit to the Director a report indicating: (1) the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards; (2) the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards; (3) whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional. (b) Periodic Compliance Reports. (1) Ail significant industrial users shall be monitored for the pollutants regulated in their respective permits and shall submit periodic compliance reports as requested by the Director. (2) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Director, a report indicating but not limited to: (A) the nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards; and (B) the flow (average daily and maximum daily) from process and nonprocess wastewater discharges. At the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may agree to alter the months during which the above reports are to be submitted. (3) The Director may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases, the report required by (b) (2) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. (4) The minimum frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (5) Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluent for Priority Pollutants, April, 1977, as amended, or with any other sampling and analytical procedures approved by the Administrator. (c) Reporting Requirements for Categorical Industrial Users. (1) Baseline Monitoring Report (BMR): Within 180 days after the effective date of an applicable categorical pretreatment standard or within 180 days after the final decision on a category determination request submitted under 40 CFR Part 403.6(a), whichever is later, existing industrial users must submit a BMR to the City (in a form provided by the City) which indicates the compliance status of the user with the categorical pretreatment standard [40 CFR 403.12(b)]. New sources must submit a BMR at least 90 days before commencement of the discharge of wastewater into the POTW, which contains the information delineated in 40 CFR Section 403.12(b) (1) to (5). (2) Contents. The BMI~ must contain: (A) the name and address of the facility including the name of the operator and owners; (B) a list of environmental control permits held by or for the facility; (C) a brief description (including a flow-diagram of regulated processes) of the nature, average rate of production; (D) SIC codes of the operations; (E) the measured average daily and maximum daily flow from regulated process streams and other streams as necessary for using the combined wastestream formula; (F) the results of sampling and analysis' identifying the nature and concentration or mass of the regulated pollutants in each regulated process' discharge; (i) concentration or mass standard or the City; the indirect discharger shall provide the as required by either the pretreatment (ii) where feasible, the indirect discharger shall use flow proportional composite sampling techniques specified in the applicable standard; (iii) if flow metering is not available, then time proportional composite sampling techniques may be used; (iv) when composite sampling is not feasible, a grab sample is acceptable; (G) the time, date, and place of sampling; (H) the methods of analysis; (I) certification that the sampling and analysis is representative of normal work cycles and expected pollutant discharges; (J) an authorized representative's certification, endorsed by a qualified professional, that pretreatment standards are or are not being met on a consistent basis; implementing pretreatment requirements; (K) if not being met, a compliance schedule for additional operation and maintenance (O&M) and/or necessary for meeting the applicable standards and (L) a compliance schedule for an indirect discharger if a regulated indirect discharger is not meeting the applicable pretreatment standards and its BMR contains a compliance schedule. The compliance schedule must: (i) contain the schedule by which the industrial user will provide the additional O&M and pretreatment necessary to comply with the standards in the shortest period of time: (ii) contain increments of progress for the start and finish of major events leading to construction and operation of the necessary O&M and pretreatment. No increment of progress shall exceed nine months; the completion date shall not be later than the compliance date for the applicable pretreatment standards; (iii) TTO monitoring must be submitted in the BMR for all categorical industries subject to a TTO standard except those facilities that plan to use alternate oil and grease limits provided in the aluminum forming, copper forming, and coil coating regulations; and (M) the sampling frequency established in the general pretreatment regulations 40 CFR 403 if the flow is: (i) less than or equal to 950,000 day (approximately 250,000 gpd), the industrial user three samples within a two-week period; or liters per must take (ii) greater (approximately 250,000 gpd), the samples within a two-week period. than 950,000 liters/day industrial user must take six (d) Report of Changed Conditions. Each industrial user is required to notify the City of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days before the change. The City may deny or condition new or increased discharges of pollutant or changes in the nature of pollutants, to the POTW by industrial users where discharges do not meet applicable pretreatment standards and requirements or where discharges would cause the POTW to violate its NPDES permit. (1) The City may require the industrial user to submit information as the City determines is necessary to evaluate the changed condition, including, but not limited to the submission of a wastewater discharge permit application under Section 7. (2) The City may issue a wastewater discharge permit under Section 7(d) or modify an existing wastewater discharge permit under Section 7(h). (3) An industrial user shall not implement the planned changed conditions until the city has responded to the industrial user's notice. (4) For purposes of this section, flow increases of ten percent (10%) or greater, and the discharge of any previously unreported pollutants, constitutes a significant change. (e) Report of Violation; Repeat Sampling and Reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the City within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling. (f) Report of the Discharge of Hazardous Waste [(40 CFR 403.12(p) (i) (2)]- (1) Any industrial user who commences the discharge of hazardous waste shall notify the City, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. This notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of the waste per calendar month to the POTW, the notification shall also contain the following information to the extent the information is known and readily available to the industrial user: (A) an identification of the hazardous constituents contained in the wastes; (B) an estimation of the mass and concentration of the constituents in the wastestream discharged during that calendar month; and (C) an estimation of the mass of constituents in thewastestream expected to be discharged during the following twelve(12) months. (2) Ail notifications must take place no later than 180 days after discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Section 7(d). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of this section. (3) Dischargers are exempt from the requirements of Paragraph 1 above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. (4) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the City, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of the substance within 90 days of the effective date of such regulations. (5) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (g) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern. (h) Wastewater Survey Requirement. When requested by the City an industrial user must submit information on the nature and characteristics of its wastewater by completing a wastewater survey before commencing its discharge. The City is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds ~or terminating service to the industrial user and shall be considered a violation of this ordinance. (i) Report Certification statement (40 CFR 403.6(a)(2)(ii). Ail reports submitted shall contain the following certification statement and shall be signed by the authorized representative for the user: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (j) Retention of Records. (1) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the city at any time. (2) Ail records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the City shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. w&mte.ord -30- (k) Records Request. Ail records relating to compliance with pretreatment standards shall be made available to officials of the City or EPA upon request. SECTION 9. MONITORING FACILITIES. (a) Location. The City may require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and where necessary flow measurement of the building sewer or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public right-of-way area and located so that it will not be obstructed by landscaping or parked vehicles. (b) Construction and Maintenance. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within an adequate time frame as established by the City. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. SECTION 10. INSPECTION ~ SAMPLING. (a) Access to Premises. The city shall inspect the facilities of any user to ascertain whether the purpose of this ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or their representative ready access at all reasonable times to all parts of the premises for the purposes of: (1) inspection; (2) sampling; or (3) their duties. records examination or in the performance of any of (b) Security Identification. The City, state, and EPA shall have the right to set up on the user's property at any time such devices as are necessary to conduct compliance monitoring or metering operations. Where a user has security measures in force which would require proper identification and clearance or devices before entry into their premises, the user shall make necessary arrangements with their security guards or ~ersonnel so that upon presentation of suitable identification, personnel from the city and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. The City and EPA shall conform with all safety requirements routinely required by the user of the user's employees and guests. (o) Search Warrants. If the City has been refused access to a building, structure, or property or any part thereof, and if the City has demonstrated probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect as part of a routine inspection 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 upon application by the City Attorney, the Municipal Court Judge of the City shall issue a search and/or seizure warrant describing the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. The warrant shall be served at reasonable hours in the company of a uniformed police officer of the City. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. (d) Analytical Requirements. Ail pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. (e) Sample Collection. (1) Except as indicated in (e) (2) below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the City or the permit may authorize the use of time proportional sampling or through a minimum of four 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, toxicity, sulfides, and volatile organic chemicals must be obtained using grab collection techniques. (f) Determination of Noncompliance. The City, State or EPA may use a grab sample(s) to determine noncompliance with was%e, ord - 3 2 - pretreatment standards. SECTION 11. PRETREATMENT. Users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment standards. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreat~ent facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this ordinance. A~y subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes. SECTION 12. CONFIDENTIAL INFOR/(ATION. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that such information is excepted to public disclosure by Article 6252-17(a), Vernon's Annotated Texas civil Statutes. (b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon request to governmental agencies for uses related to this ordinance, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. SECTION 13. ENFORCEMENT. (a) Harmful Discharges. (1) The City may suspend the City provided utility services (including, but not limited to water service) or a permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial danger to 'the health or welfare of persons, to the environment, causes inhibition or interference to the POTW or causes the City or POTW to violate any condition of its NPDES permit. (2) Any person notified of a suspension of the City provided utility services (including, but not limited to water service) or the permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or danger to any individuals. (3) The City shall reinstate the permit or the City provided utility services upon proof of the elimination of the non- complying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the City within 10 days of the date of occurrence. (b) Revocation of Permit. The City may revoke a user's permit if the user violates the requirements of this ordinance, or applicable state and federal regulations, including, but not limited to: (1) failure to factually report the constituents and characteristics of its discharge; wastewater (2) failure to report substantial changes operations, or wastewater constituents and characteristics; in (3) refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; (4) violation of a condition of the permit; (5) Failure to notify the City of significant changes to the wastewater prior to the changed discharge; (6) Failure to provide prior notification to the City of changed condition pursuant to Section 8(d); (7) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (8) Falsifying self-monitoring reports; (9) Tampering with monitoring equipment; (10).,Refusing to allow the city timely facility premises and records of the user; access (11) Failure to meet effluent limitations; (12) Failure to pay fines; (13) Failure to pay sewer charges; (14) Failure to meet compliance schedules; to the (15) Failure to complete a wastewater survey or the wastewater discharge permit application; or (16) Failure to provide advance notice of the transfer of a permitted facility. (c) Notification of Violation. Whenever the City finds that any user has violated or is violating this ordinance, permit, or any prohibition, or limitation of requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. A report addressing the following must be submitted within 10 days of receiving this notice: (1) nature of the violations; (2) cause(s) or possible cause(s) of the problem(s) which resulted in the violations; and (3) action(s) taken to ensure compliance. (d) Show Cause Hearing. (1) The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. the time and regarding: (A) A notice shall be served on the user specifying place of a hearing to be held by the City Council and directing (i) the violation; (ii) the reasons why the action is to be taken; (iii) the proposed enforcement action, and the user to show cause before the City Council why the proposed enforcement action should not be taken. (B) The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least (ten) days before the hearing. (C) Service may be made on any agent or officer of a corporation. (2) The city Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the city to: (A) issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; (B) take the evidence; and (C) transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon. (3) At any hearing held pursuant to this ordinance, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. (4) After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period: (A) the sewer service be discontinued; or (B) penalties assessed unless adequate treatment facilities, devices or other related appurtenances shall have been installed; or (C) existing treatment facilities, devices, or other related appurtenances are properly operated; or (D) further orders, directives and agreements as are necessary and appropriate may be issued. (e) Compliance Orders. When the City Council finds that a user has violated or continues to violate the ordinance, wastewater discharge permits or orders issued under this ordinance, or any other pretreatment standard or requirement, the City Council may issue an order to the user responsible for the discharge, directing that the user come into compliance within a specified time period -36- w&m%e.ord not to exceed 180 days. If the user does not come into compliance within the specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional selfmonitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user. (f) Cease and Desist Orders. (1) When the City finds that a user is violating this ordinance, the user's wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the City may issue an order to the user directing it to cease and desist all violations and directing the user to: (A) immediately comply with all requirements; and (B) take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge. (2) Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user. (g) Legal Action. (1) If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this ordinance, federal or state pretreatment requirements, or any order of the city, the city Attorney may commence an action for appropriate legal or equitable relief in the municipal, county, district or state court having jurisdiction. (2) The revocation of a permit or discontinuance of water/sewer services does not negate the city's right to seek other legal remedies including, but not limited to: (A) civil fines; (B) in]unctions, or (C) the recovery of incurred cost to the City. cost of damages and other -37- (h) Publication. The City shall annually publish a list of the users which significantly violated pretreatment requirements, as defined by 40 CFR 403.8(2) (vii), during the previous 12 months. SECTION 14. SEVERABILITY- It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 15. PENALTY. That the violation of any pretreatment standard or requirement, or any provision of this ordinance, relating to sewer service shall be deemed an offense and punishable by a fine not exceeding Two Thousand Dollars ($2,000), and each violation hereof, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby declared to be a distinct and separate offense and punishable as such. As used herein, the term violation includes exceeding any discharge limit or parameter for which a single sample is analyzed. SECTION 16. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS ..-~ ..-~ ... ,,,,, · . - ,,,,,- ATTEST: APPROVED AS TO FORM AND LEGALITY: City Attorney Date: /0 ~ ~_~ -39- Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 x INVOICE/AF IDAVIy�yr i 1 I �iCE�h^ DAV;T'�'r'r STATE OF TEXAS anty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared CAL RILEY Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant County, Texas ; and who , after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT SEP 18 6940725 CL . 358 1X66 L 66 . 40 26 . 40 ORDINANCE NO.567 Sept 18 AN ORDINANCE RE- P• 0 • # 567 GULATING THE DIS- CHARGEINTO TE SANIF TARY SEWER OF THE CITY OF SOUTHLAKE-PRO- VIDING DEFINITIONS; ESTABLISHINGA PER- MIT SYSTEM. AU- THORIZING THE DI- _.........._............_......_..._... RECTOR OF PUBLIC WORKS TO PROMUL- GATE RULES PER- TAINING TO THE PER- MIT SYSTEM-MAKING THIS ORDINANCE CU- MULATIVE OF PRIOR ORDINANCES; REPEALING ALL OR- -- -�- DINANCES AND PRO- IN OR- DINANCESNG NA �AV NGS ID SWORN TO BEFORE ME T ONFLICT WITH THIS S I G N E ` ORDINANCE AVING- , IS TH _ �2� D OF SM7_992 LAUSE; PROVIDING SEVERABILITY ! NOTARY P LI —LAUSE; PROVIDING Q� \`..,,,.. ...3.....,....._ FOR PUBLICATION; PROVIDING A PENAL- ANEFFECTIVEDATE. TARRANT COUNTY, TEXAS SECTION 15.PENALTY. That the violation of any ..."4 v pretreatment standard or re- quirement,or any provision [ of this ordinance,relating to �ti+"�'� _ �:ER deemed an offenses and 1p be un- •lPR3 B!I 1�F�It�MN J.. W.... Ishablebyaflnenotexceeding RI y,�q��MOSS" EXPIRES Two Thousand Dollars .,''/•• 19g5 (52,0001, and each violation y. �y p hereof,andeach day on which is•. /\,? jaC`�U�RY ',ere is a failure to comply 4 ., a+J h the terms of this ordl- 4�.;`oF;r ce shall be and is hereby laredtobea distinct and ~ parate offense and punish- able as such.As used herein TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT the term violation included exceedinganydischarge limit oro parameter for whicha sin- gle AND APPROVED INSECONDREADINGTHIS REMIT TO : 400 W . SEVENTH , FW , TX 76102 THE 15thDAYOFSEPTEM- BER,1992. rGary Fickes, Ma or of Southlake r �p�ir�p�'��gt,�.s�pi�T eTw x.�s�f� Approve StarTe1egrarn 91 r l`' TO , ll TiT�l"7C MOON%'./l/�l�"l rkniXT "lC 7C/�7(01-2051 Sandra L.LeGrand, City Secretary Approved as to form: ACCOUNT AMOUNT CityAtto Taylor Jr NUMBER C I T 5 7 DUE 26 . 40 PAGE 1OF 1 CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE IPLEASEPAY 26 . 40 SOUTHLAKE TX 76092-8898 THIS AMOUNT , ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram , 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TIE STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared CAL RILEY Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE i AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT NCH/LINE SEP 04 ' 6933377 CL . 358 1X74 L 74 . 40 29 . 60 NOTICE OF PUBLIC Sept 4 NOTICE Fs he eby9lventoall P . O . # 567 Interested persons that the Cl- ill be holding a public Council of the City of South- Reguilae City WCouncilhearing lmeetingne to be held on September 15, 1992,at 7:00 ,m, Southlake. City Hall,667 tryrth Carroll Avenue,Southlake,Texas. Purpose of the hearing Is to considew se dreadingof �. the following ordinance: ORDINANCE NO RE /•// AN ORDINANCE.RETHE DIS- / INTO THE SANITARY ^ SEWER OF THE CITY SIGNED i / OF SOUTHLAKE1 PRO •• --1 NGDEFINIf10NS 'AND SWORN TO BEFORE ME, THIS--THE :TH ►A ' t SE ER, 992 OLISHINGAPER- I sysG TI Au- NOTARY PUBL 21ZING TF-IE DI- fOR OF PUBLIC -� ---- GATESRUOLESOPEUR- TAININGTON/Y��THE PER- K���v..vo��^'� TARRANT COUNTY, 1 EXAS THIS ORDINANCECU —1 rR�* ORDINANCES,- OF PRIOR '2�r•' "�mi fr KATHRYN J. SPENCER REPEALINGSALL OR- I DINANCES AND PRO 4•1�',?•i COMMISSION EXPIRES VISIONSOFOTHEROR- i ` DINANCES lq''•••/. '`+�' JANUARY z8 CONFLICT WITH IN �,r••••••••��.- ORDINANCE-PROVIO 1Ili`�`...6��` ING A SAVINGS �'�+''CLAUSE; --.- PROVIDING F SEVERABILITY ATION• CLAUSE; PROVIDING / t"' FOR PUBLICATION TY;AINDNPROVIDING AN EFFECTIVE DATE. _TEAR AL NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT S oainLfThat theviltoo . Pretreatment standard oranY re- ofthisodinance re;tins o - REMIT TO: 400 W . SEVENTH, FW, TX 76102 sewer service shall be deemed an offense and pun ishablebya finenotexng II rsI 0Q0K1 X XX 40002051i h r-Tele ram h g i- ACCOUNT C IT 5 7ed to be a distinct and ,� NUMBER DUE eparate offense and punish-�jX able as such.As used herein, a H.� i he term violation includes . xr'; ''''''' .'a xeeeding anyydischargelimit 'r 1 1 ample' an l whi hasingle ''amble is analyyzed. + 1 PAGE OF ityS retarake " ...r +� andra L.LeGranityd ___Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 29 . 60 SOUTHLAKE TX 76092-8898 THIS PLEASE PAY AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED