Item 6C - Southlake_FINAL_ATTORNEY_STATEMENTNEED TO UPDATE SECTION & DIVISION REFERENCES
November 19, 2024
Trinity River Authority
Re: Attorney statement for the City of Southlake, Texas, for its modified wastewater
pretreatment program as it relates to the Trinity River Authority's modification of Central
Regional Wastewater System's pretreatment program
Dear Trinity River Authority,
This firm serves as the City Attorney for the City of Southlake, a Texas home -rule municipal
corporation ("Southlake"). We have been asked by our client to provide you with the following statement
pursuant to the requirements contained in the Code of Federal Regulations ("CFR") Section 403.9(b)(1)
regarding legal authority for Southlake to implement the modified wastewater pretreatment program related
to the Trinity River Authority's ("TRA") modified Central Regional Wastewater System ("CWRS")
pretreatment program.
Background — Public Wastewater System
For purposes of this statement, Southlake owns, operates, and maintains wastewater collection
system pipelines, and related facilities, some of which are connected to TRA's CRWS ("Public
Wastewater System"). The TRA provides larger scale wastewater facilities and services to Southlake, and
other area cities and towns, through the CRWS through contractual arrangements. TRA's CRWS facilities
and services include both a treatment plant and over 200 miles of wastewater collection system pipeline.
Additionally, Southlake has also contracted with TRA for the provision of technical services related to the
enforcement by Southlake of its CRWS-related pretreatment program.
The Texas Commission on Environmental Quality, managing the National Pretreatment Program
on behalf of the federal Environmental Protection Agency ("EPA") for the state of Texas, has requested
that TRA modify its wastewater pretreatment program for the CRWS. Implementing and maintaining a
wastewater pretreatment program is a condition of TRA's Texas Pollutant Discharge Elimination System
permit for the CRWS. Southlake, being interconnected to TRA's CRWS is also required to implement and
maintain a wastewater pretreatment program and is modifying its current pretreatment program in
conjunction with TRA's modification of its CRWS pretreatment program.
Legal Authority of Southlake to Implement and Administer its Pretreatment Ordinance
It is our opinion that Southlake has adequate authority to both carry out its current wastewater
pretreatment program, described in 40 CFR Section 403.8, and modify the same, based on authority granted
to it as a Texas home -rule municipal corporation; under its general powers in Charter Section 1.06 and
utility powers in Charter Section 10.01; its building codes, including but not limited to, the plumbing code;
and the proposed pretreatment ordinance ("Pretreatment Ordinance").
The following references to the requirements of 40 CFR 403.8(f)(1) are correlated with appropriate
sections of the Pretreatment Ordinance which provide the required authority. Where the authority is not
apparent from a reading of the Pretreatment Ordinance provision referenced, an explanation is provided.
"Section" references are to the Pretreatment Ordinance unless noted otherwise.
November 19, 2024
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General: All connections of lateral or other wastewater lines to the Public Wastewater System
shall be made subject to such terms and conditions as Southlake has prescribed in its building codes,
including the plumbing code, and the Pretreatment Ordinance. Pursuant to this authority, the Southlake
City Council intends to adopt the Pretreatment Ordinance setting forth the terms and conditions upon which
industrial users may connect to the Public Wastewater System.
General: No user — residential, commercial, industrial, or other — of the Public Wastewater System
can discharge any pollutant or wastewater into the same which causes pass through or interference as set
out in the Pretreatment Ordinance.
403.8(f)(1)(i): New contributions of pollutants to the Public Wastewater System may not be made
by an industrial user without first obtaining a wastewater discharge permit which may contain various
conditions and prohibitions (Section 9.5-203.2). If, after a permit has been issued, there has been an increase
or change in an industrial user's contribution to the Public Wastewater System, the industrial user is required
to reapply for a permit to cover those changes (Section 9.5-203.9), and Southlake may then change the
conditions of this permit as circumstances may require (Section 9.5-204.5).
403.8(f)(1)(ii): In order to require compliance with the wastewater pretreatment standards,
Southlake must be able to require compliance with the federal EPA's listed general and specific prohibitions
(Section 9.5-202.1 (a) and (b)) and the local limits developed to implement the general and specific
standards (Section 9.5-202.3). Section 9.5-202 prohibits:
any discharge to the Public Wastewater System which will result in a nuisance, or
contamination or pollution of receiving waters as defined therein;
conditions which violate any statute, rule, regulation or ordinance of any public agency
(including EPA); and
those discharges prohibited by EPA regulations.
Section 9.5-202 empowers Southlake to enforce the general and specific prohibitions contained in
40 CFR 403.5(a) and (b). Local discharge limits, developed pursuant to 40 CFR 403.5(c) and (d), may also
be imposed by Southlake as a permit condition pursuant to Section 9.5-203.8. National categorical
pretreatment standards may also be imposed as permit conditions per Section 9.5-203.8, which empowers
Southlake to regulate discharges regulated by EPA.
403.86)(1)(iii): Southlake has a permit system authorized by Section 9.5-203 of the Pretreatment
Ordinance (a permit application form appears in the proposed pretreatment program). In addition to general
permitting application matters, it also addresses the following related to the permit:
- duration;
- content and conditions;
- modification;
- transfer;
- revocation; and
- reissuance.
403.86)(1)(iv)(A): Southlake may, to remedy or avoid a violation of the Pretreatment Ordinance
or wastewater discharge permit, require an industrial user to develop a compliance schedule for installation
of control technology under Section 9.5-204.1. Additionally, Southlake may require a compliance schedule
as part of the required information under Section 9.5-204.2 as a condition of obtaining the permit.
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403.8(f(1)(iv)(B): Southlake may require a user to submit all notices and self -monitoring reports
required by EPA regulations through authority granted in Section 9.5-204.
403.8 (1)(1)(v): Southlake may carry out inspection, surveillance, and monitoring procedures under
authority granted in Section 9.5-205.
403.8(f)(1)(vi)(A): Southlake may seek remedies for noncompliance with both the Pretreatment
Ordinance and incorporated federal and state pretreatment standards and requirements. As a matter of
federal and state law, and pursuant to Section9.5-205.12, Southlake may seek injunctive relief for
noncompliance if such noncompliance might result in irreparable harm to the treatment plant, to the health
and safety of plant workers, and to the environment; and, because damages at law would not be an adequate
remedy. Section 9.5-205.18.13 provides that intentional violation of the ordinance is a misdemeanor which
is punishable by a fine not to exceed $2,000 per day per violation. Civil liability may be imposed by Section
9.5-205.18.A for having violated, or continually violating, the Pretreatment Ordinance, an order issued
under the same, or the wastewater discharge permit or any incorporated federal or state pretreatment
standard or requirement. The civil liability maximum is not to exceed $1,000 per day per violation.
403.8))(1)(vi)(B): In emergency situations, Southlake may, under Section 9.5-205.10, suspend a
wastewater discharge permit where continued discharges would jeopardize the ability of the Public
Wastewater System to meet water quality standards, threaten damage to the same, or cause an endangerment
to human health or welfare or to the environment to occur.
403.8))(1)(vii): Confidentiality requirements are provided for in Section 9.5-205.3 of the
Pretreatment Ordinance.
Summary
Southlake will implement the requirements of its wastewater pretreatment program and apply
pretreatment standards to individual industrial users through use of a wastewater discharge permit and direct
enforcement of the Pretreatment Ordinance. A description of the exact procedure to be used in
implementing the pretreatment program is provided in the program procedures portion of the pretreatment
program.
Southlake intends to ensure compliance with pretreatment standards and requirements through an
inspection and sampling program authorized under the Pretreatment Ordinance, which allows for the
determination of noncompliance with discharge limitations and requirements independent of information
supplied by the industrial user. The inspection and sampling program is described in the program
procedures portion of this submission.
Southlake may order those violating permit conditions to cease and desist its activities under its
wastewater discharge permit, and are subject to having service terminated, and their permit revoked.
Southlake, through its City Attorney, is prepared to take court action when necessary and directed to enforce
compliance with its ordinance, permits or orders.
Sincerely,
Larry Collister
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Taylor, Olson, Adkins, Sralla, & Elam, LLP
Attorneys & Counselors
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