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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 Page 2 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. W:\CRWS\CRWS Program Modifications\CRWS_Substantial_ ProgramModifications\2021_CRWS_Progmm_SubMod(Streamlining)\CRWS_ Us_ ProgramForms(TSC)\SO UTHLAKE\Ready for TCEQ\Attorney Statement - Southlake - 04142021.docx November 19, 2024 Page 3 403.8(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 W:\CRWS\CRWS Program Modifications\CRWS_Substantial_ ProgramModifications\2021_CRWS_Progmm_SubMod(Streamlining)\CRWS_ Us_ ProgramForms(TSC)\SO UTHLAKE\Ready for TCEQ\Attorney Statement - Southlake - 04142021.docx November 19, 2024 Page 4 Taylor, Olson, Adkins, Sralla, & Elam, LLP Attorneys & Counselors W:\CRWS\CRWS Program Modifications\CRWS_Substantial_ ProgramModifications\2021_CRWS_Progmm_SubMod(Streamlining)\CRWS_ Us_ ProgramForms(TSC)\SO UTHLAKE\Ready for TCEQ\Attorney Statement - Southlake - 04142021.docx