Item 6C- Southlake_FINAL_ORDINANCEORDINANCE NO. 836-A
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AMENDING
CHAPTER 9.5, ENVIRONMENT, OF THE CODE OF ORDINANCES OF
THE CITY OF SOUTHLAKE, TEXAS FOR THE PURPOSE OF
REPLACING ARTICLE III, "INDUSTRIAL WASTEWATER",
PROVIDING FOR AN AMENDED UNIFORM REQUIREMENTS FOR
USERS OF THE PUBLICLY OWNED TREATMENT WORKS OF THE
CITY OF SOUTHLAKE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the federal Environmental Protection Agency's ("EPA") National
Pretreatment Program (40 Code of Federal Regulations 403), effective March 30, 1981,
established mechanisms and procedures for enforcing national wastewater pretreatment
standards to control the introduction of wastes from non -domestic sources into publicly owned
wastewater treatment works; and
WHEREAS, the National Pretreatment Program requires that a wastewater pretreatment
program be developed for a publicly owned treatment works ("POTW"); and
WHEREAS, the Central Regional Wastewater System ("CRWS"), a POTW owned and
operated by the Trinity River Authority ("TRA"), maintains a Texas Pollutant Discharge
Elimination System ("TPDES") permit issued by the Texas Commission on Environmental
Quality ("TCEQ"); and
WHEREAS, the TCEQ manages, and enforces, the EPA's National Pretreatment
Program for the state of Texas; and
WHEREAS, the TRA's CRWS must establish and maintain a wastewater pretreatment
program as a condition of its TPDES permit; and
WHEREAS, Southlake owns, operates, and maintains wastewater collection system
pipelines, and related facilities, some of which are connected to the TRA's CRWS; and
WHEREAS, Southlake and the TRA have entered into agreements related to the CRWS
which requires Southlake to enact ordinances and procedures necessary for the implementation
and enforcement of the National Pretreatment Program as it relates to TRA's CRWS TPDES
permit and the interconnection of the wastewater collection system of Southlake to TRA's
CRWS; and
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WHEREAS, Southlake has enacted ordinances and procedures for its implementation
and enforcement of the National Pretreatment Program as it relates to TRA's CRWS TPDES
permit and its interconnection to TRA's CRWS; and
WHEREAS, TRA has been requested by TCEQ to modify its CRWS wastewater
pretreatment program; and
WHEREAS, TRA's modification of its CRWS wastewater pretreatment program
requires Southlake to modify its wastewater pretreatment; and
WHEREAS, the City Council now finds it is in the public interest to amend its
wastewater pretreatment program in accordance with this ordinance to comply with State and
federal law; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS THAT:
SECTION 1.
Chapter 9.5 of the Code of Ordinances of the City of Southlake, Texas is hereby
amended by repealing and replacing Article III. Industrial Wastewater in its entirety to read
as follows:
"ARTICLE III. INDUSTRIAL WASTEWATER
SECTION 9.5-201 — GENERAL PROVISIONS
Sec. 9.5-201.1. Purpose and Policy
A. This article sets forth uniform requirements for Users of the Publicly Owned Treatment
Works for the City of Southlake ("City") and enables the City to comply with all
applicable federal and state laws, including the Clean Water Act (33 United States Code
§§ 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal
Regulations Part 403). The objectives of this article are:
(1) To prevent the introduction of pollutants into the Publicly Owned Treatment Works
that will interfere with its operation;
(2) To prevent the introduction of pollutants into the Publicly Owned Treatment Works
that will pass through the Publicly Owned Treatment Works, inadequately treated,
into receiving waters, or otherwise be incompatible with the Publicly Owned
Treatment Works;
(3) To protect both Publicly Owned Treatment Works personnel who may be affected
by wastewater and sludge in the course of their employment and the general public;
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(4) To promote reuse and recycling of industrial wastewater and sludge from the
Publicly Owned Treatment Works;
(5) To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the Publicly Owned Treatment Works; and
(6) To enable the Control Authority to comply with its Texas Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements, and
any other federal or state laws to which the Publicly Owned Treatment Works is
subject.
B. This article shall apply to all Users of the Publicly Owned Treatment Works. The article
authorizes the issuance of wastewater discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes administrative review procedures;
requires user reporting; and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
Sec. 9.5-201.2. Administration
Except as otherwise provided herein, the City Manager shall administer, implement, and
enforce the provisions of this article. Any powers granted to or duties imposed upon the City
Manager may be delegated by the City Manager to other City personnel.
Sec. 9.5-201.3. Abbreviations
The following abbreviations, when used in this article, shall have the designated meanings:
• BOD - Biochemical Oxygen Demand
• BMP - Best Management Practice
• BMR - Baseline Monitoring Report
• CFR - Code of Federal Regulations
• ClU - Categorical Industrial User
• COD - Chemical Oxygen Demand
• EPA - U.S. Environmental Protection Agency
• gpd - gallons per day
• IU - Industrial User
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• mg/1 - milligrams per liter
• NAICS- North American Industrial Classification System
• NPDES- National Pollutant Discharge Elimination System
• NSCIU- Non -Significant Categorical Industrial User
• POTW - Publicly Owned Treatment Works
• RCRA - Resource Conservation and Recovery Act
• SIC - Standard Industrial Classification
• SIU - Significant Industrial User
• SNC - Significant Noncompliance
• TCEQ - Texas Commission on Environmental Quality
• TPDES — Texas Pollutant Discharge Elimination System
• TRA - Trinity River Authority of Texas
• TSS - Total Suspended Solids
• TTO - Total Toxic Organics
• U.S.C. - United States Code
Sec. 9.5-201.4. Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
article, shall have the meanings hereinafter designated.
A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. § 1251 et seq.
B. Approval Authority. The Executive Director of the Texas Commission on
Environmental Quality ("TCEQ") where the state has been delegated NPDES permit
authority and has an approved pretreatment program.
C. Authorized Representative of the User.
(1) If the User is a corporation:
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(a) The president, secretary, treasurer, or a vice-president 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; or
(b) The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including having
the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures to
assure long-term environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are established or actions
taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2) If the User is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(3) If the User is a federal, state, or local government facility: a Director or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility, or their designee.
(4) The individuals described in paragraphs (1) through (3), above, may designate
another authorized representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of the
facility from which the discharge originates or having overall responsibility for
environmental matters for the company, and the written authorization is submitted
to the city.
D. Best Management Practices or BMPs. Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions
listed in Section 9.5-202.1(A) and (B) [40 CFR 409.5-203.5(a)(1) and (b)]. BMPs include
treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
E. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five
(5) days at 20' centigrade, usually expressed as a concentration (e.g., mg/1).
F. Categorical Industrial User (CIU). An Industrial User subject to a Categorical
Pretreatment Standard or Categorical Standard.
G. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing
pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and
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(c) of the Act (33 U.S.C. § 1317) which apply to a specific category of Users and which
appear in 40 CFR Chapter I, Subchapter N, Parts 405 - 471.
H. City. The City of Southlake, a Texas home -rule municipal corporation.
I. City Manager. The person designated by the city who is charged with certain duties and
responsibilities by this chapter or a duly authorized representative.
Composite Sample. A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples. The sample may be composited either as a time
composite sample: composed of discrete sample aliquots collected at constant time
intervals providing a sample irrespective of stream flow; or as a flow proportional
composite sample: collected either as a constant sample volume at time intervals
proportional to flow, or collected by increasing the volume of each aliquot as the flow
increases while maintaining a constant time interval between the aliquots.
K. Control Authority. Trinity River Authority of Texas as holder of the TPDES permit.
L. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a
calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily
discharge is the total mass discharged over the course of the day. Where Daily Maximum
Limits are expressed in terms of a concentration, the daily discharge is the arithmetic
average measurement of the pollutant concentration derived from all measurements taken
that day.
M. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency
or, where appropriate, the Regional Water Management Division Pretreatment
Coordinator, or other duly authorized official of said agency.
N. Existing Source. Any source of discharge, the construction or operation of which
commenced prior to the publication by the EPA of proposed categorical pretreatment
standards, which will be applicable to the source if the standard is thereafter promulgated
in accordance with Section 307 of the Act.
O. Extrajurisdictional User. A User the City has determined requires a permit to discharge,
other than a local government, which is located outside the jurisdiction of the City, and
which discharges or plans to discharge to the POTW.
P. Grab Sample. A sample which is taken from a wastestream without regard to the flow
in the wastestream and over a period of time not to exceed fifteen (15) minutes.
Q. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any
nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
R. Instantaneous Maximum Allowable Discharge Limit. The maximum concentration of a
pollutant allowed to be discharged at any time, determined from the analysis of any
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discrete or composited sample collected, independent of the industrial flow rate and the
duration of the sampling event.
S. Interference. A discharge, which alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use, or disposal; and therefore is a cause of a violation of the
Control Authority's NPDES or TPDES permit or of the prevention of sewage sludge use
or disposal in compliance with any of the following statutory/regulatory provisions or
permits issued thereunder, or any more stringent state or local regulations: Section 405
of the Act, the Solid Waste Disposal Act, including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA); 40 CFR pt. 503, sludge regulations;
any State regulations contained in any State sludge management plan prepared pursuant
to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312; the Clean Air Act; the
Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Ac
T "May". The meaning of "may" in this Agreement is as a permissive, or optional,
command.
U Medical Waste. Isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
V. Monthly Average. The sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
W. Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, or other body of surface
or ground water.
X. New Source.
(1) 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 the source if such standards are thereafter promulgated in accordance
with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at
which no other source is located; or
(b) The building, structure, facility, or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
existing source; or
(c) The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an existing
source at the same site. In determining whether these are substantially
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independent, 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.
(2) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility, or installation meeting the criteria of Section (1)(b) or
(c) above but otherwise alters, replaces, or adds to existing process or production
equipment.
(3) Construction of anew source as defined under this paragraph has commenced if the
owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite construction
program:
1. Any placement, assembly, or installation of facilities or equipment;
or
2. Significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of facilities
or equipment which are intended to be used in its operation within a
reasonable time. Options to purchase or contracts which can be terminated
or modified without substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute a contractual obligation
under this paragraph.
Y. Noncontact Cooling Water. Water used for cooling which does not come into direct
contact with any raw material, intermediate product, waste product, or finished product.
Z. Normal Wastewater. Wastewater which the average concentration of suspended solids
and five-day BOD does not exceed 250 mg/l each.
AA. North American Industry Classification System (NAICS). A system used by the Federal
Government for collecting and organizing industry -related statistics. The NAICS codes
are updated every five years to stay current with industry developments.
BB. Pass Through. A discharge which exits the POTW into waters of the United States in
quantities or concentrations which, alone or in conjunction with a discharge or discharges
from other sources, is a cause of a violation of any requirement of the Control Authority's
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NPDES or TPDES permit, including an increase in the magnitude or duration of a
violation.
CC. Person. Any individual, partnership, co -partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, or assigns. This definition includes all
Federal, State, and local governmental entities.
DD. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
EE. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt, municipal, agricultural, and industrial wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
FF. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of,
introducing the pollutants into the POTW. This reduction or alteration can be obtained
by physical, chemical, or biological processes, by process changes, or by other means,
except by diluting the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
GG. Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment imposed on a User, other than a pretreatment standard.
HH. Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited
discharge standards, categorical pretreatment standards, and local limits.
II. Process Wastewater. Water that comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished product, byproduct,
waste product, or wastewater, and/or as defined in a National Pretreatment Standard.
JJ. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against
the discharge of certain substances; these prohibitions appear in Section 9.5-202.1 of this
article.
KK. Publicly Owned Treatment Works or POTW. A "treatment works", as defined by
Section 212 of the Act (33 U.S.C. § 1292), which is owned by the City and/or the Control
Authority. This definition includes any devices or systems used in the collection, storage,
treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature
and any conveyances which convey wastewater to a treatment plant.
LL. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
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MM. Sewage. Human excrement and gray water (household showers, dishwashing operations,
etc.).
NN. Shall. The meaning of "shall" in this Agreement is as an imperative, or mandatory,
command.
00. Significant Industrial User.
(1) SIUS
(a) A User subject to categorical pretreatment standards; or
(b) A User that:
1. Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater);
2. Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
3. Is designated as such by the City on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
(c) Upon a finding that a User meeting the criteria in Subsection (b) has no
reasonable potential for adversely affecting the 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 User,
and in accordance with procedures in 40 CFR 409.5-203.8(f)(6), determine
that the User should not be considered a Significant Industrial User.
(2) NSCIUs
(a) The City may determine that an Industrial User subject to categorical
Pretreatment Standards is a Non -Significant Categorical Industrial User
(NSCIU) rather than a Significant Industrial User (SIU) on a finding of any
of the three criteria below:
1. The Industrial User never discharges more than 100 gallons per day
(gpd) of total categorical wastewater (excluding sanitary,
non -contact cooling and boiler blowdown wastewater, unless
specifically included in the Pretreatment Standard);
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2. The Industrial User is required by a categorical Pretreatment
Standard to not discharge categorical wastewater . An Industrial
User that meets this criteria shall continue to be prohibited from
discharging categorical wastewater; or
3. The Industrial User is subject to numeric categorical Pretreatment
Standard(s) and does not discharge categorical wastewater
(b) The following conditions must be met for an Industrial User classified as a
NSCIU:
1. The Industrial User, prior to City's finding, has consistently
complied with all applicable categorical Pretreatment Standards and
Requirements;
2. The Industrial User annually submits the certification statement
required in Section 9.5-203.5(B)(c) [see 40 CFR 409.5-209.5-
203.12(q)], together with any additional information necessary to
support the certification statement; and
3. The Industrial User never discharges any untreated concentrated
wastewater.
PP. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration which could
cause a violation of the prohibited discharge standards in Section 9.5-202.1 of this article.
A Slug Discharge is any Discharge of a non -routine, episodic nature, including but not
limited to accidental spill or a non -customary batch discharge, which has a reasonable
potential to cause Interference or Pass Through, or in any way violate the POTW's
regulations, Local Limits or Permit conditions.
QQ. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and
Budget.
RR. State. Means the State of Texas.
SS. Storm Water. Any flow occurring during or following any form of natural precipitation,
and resulting from such precipitation, including snowmelt.
TT. Suspended Solids. The total suspended matter that floats on the surface of, or is
suspended in, water, wastewater, or other liquid, and which is removable by laboratory
filtering.
UU. Total Toxic Organics or TTO. The sum of the masses or concentration of the toxic
organic compounds listed in 40 CFR122 Appendix D, Table 2, excluding pesticides,
found in an Industrial User's discharge at a concentration greater than 0.01mg/L For
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SIU's with categorical TTO monitoring requirements, TTO parameter selection is
specific to the federal category.
VV. TPDES. Texas Pollutant Discharge Elimination System permit program of the Texas
Commission on Environmental Quality with federal regulatory authority to act on an
approved pretreatment program.
WW. User or Industrial User (IU). A source of indirect discharge.
XX. Wastewater. Liquid and water -carried industrial wastes and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the POTW.
YY. Wastewater Treatment Plant or Treatment Plant. The portion of the POTW which is
designed to provide treatment of municipal sewage and industrial waste.
SECTION 9.5-202 - SEWER USE; INDUSTRIAL DISCHARGES
Sec. 9.5-202.1. Prohibited Discharge Standards
A. General Prohibitions. No User shall introduce or cause to be introduced into the POTW
any pollutant or wastewater which causes pass through or interference. These general
prohibitions apply to all Users of the POTW whether or not they are subject to categorical
pretreatment standards or any other federal, state, or local pretreatment standards or
requirements.
Storm water and all other unpolluted drainage shall be discharged to sewers that are
specifically designated as storm sewers, or to a natural outlet approved by the City
Manager. No liquid, semi -liquid, ready mixed concrete, mortar, asphalt material, or
chemical waste shall be deposited in any area that will drain to the storm sewer or natural
outlet.
B. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW
the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not
limited to, wastestreams with a closed -cup flashpoint of less than 140°F (60°C)
using the test methods specified in 40 CFR 269.5-201.21;
(2) Wastewater having a pH less than 5.5 or more than 11.0, or otherwise causing
corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in
the POTW resulting in interference, blockage, or damage to the POTW;
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(4) Pollutants, including oxygen -demanding pollutants (BOD, etc.), released in a
discharge at a flow rate or pollutant concentration which, either singly or by
interaction with other pollutants, will cause interference with the POTW;
(5) Wastewater having a temperature greater than 150°F (65°C), or which will inhibit
biological activity in the treatment plant resulting in interference, but in no case
wastewater which causes the temperature at the introduction into the treatment plant
to exceed 104°F (40°C);
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference and/or pass through, and in amounts specified
in Section 9.5-202.3 of this article.
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the
POTW in a quantity that may cause acute worker health and safety problems;
(8) Trucked or hauled pollutants, except at discharge points designated by the City
Manager and in accordance with Section 9.5-209.5-202.12 of this article;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either
singly or by interaction with other wastes, are sufficient to create a public nuisance
or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(10) Wastewater which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning solutions,
which consequently imparts color to the treatment plant's effluent, thereby
violating the applicable NPDES or TPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in compliance
with applicable state or federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, and unpolluted wastewater, unless specifically authorized by
the City Manager;
(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(14) Medical wastes, except as specifically authorized by the City Manager, that do not
cause or contribute to Pass Through and/or Interference;
(15) Wastewater causing, alone or in conjunction with other sources, the treatment
plant's effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may cause excessive
foaming in the POTW;
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(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater than
that specified in the applicable local limits in Section 9.5-202.3;
(18) A discharge of water, normal domestic wastewater, or industrial waste which in
quantity of flow exceeds, for a duration of longer than fifteen minutes, more than
four times the average twenty -four-hour flow during normal operations of the
industry;
(19) Insecticides and herbicides in concentrations that are not amenable to treatment;
(20) Garbage that is not properly shredded to such an extent that all particles will be
carried freely under the flow conditions normally prevailing in wastewater mains,
with no particle having greater than one-half (1/2) inch cross -sectional dimension;
(21) Wastewater or industrial waste generated or produced outside the City, unless
approval in writing from the City Manager has been given to the person discharging
the waste; or
(22) Without the approval of the City Manager, a substance or pollutant other than
industrial waste, normal domestic wastewater, septic tank waste, or chemical toilet
waste that is of a toxic or hazardous nature, regardless of whether or not it is
amenable to treatment, including but not limited to bulk or packaged chemical
products.
C. Processing and Storage. Pollutants, substances, or wastewater prohibited by this section
shall not be processed or stored in such a manner that they could be discharged to the
POTW.
Sec. 9.5-202.2. National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts
405-471 are hereby incorporated.
A. Where a categorical pretreatment standard is expressed in terms of either the mass or the
concentration of a pollutant in wastewater, the City Manager may impose equivalent
concentration or mass limits in accordance with 40 CFR 409.5-203.6(c)(1).
B. When wastewater subject to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard, the City Manager shall impose an
alternate limit using the combined wastestream formula in 40 CFR 409.5-203.6(e).
C. A User may obtain a variance from a categorical pretreatment standard if the User can
prove, pursuant to the procedural and substantive provisions in 40 CFR 409.5-209.5-
203.13, that factors relating to its discharge are fundamentally different from the factors
considered by the EPA when developing the categorical pretreatment standard.
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D. A User may obtain a net gross adjustment to a categorical standard in accordance with
40 CFR 409.5-203.15.
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Sec. 9.5-202.3. Local Discharge Limits
A. The following pollutant limits are established to protect against pass through and
interference and apply at the point where the wastewater is discharged to the POTW. No
person shall discharge, or cause or permit to be discharged, wastewater containing in
excess of the following instantaneous or daily maximum allowable discharge limits.
(1) Toxic Pollutants specified in the following table:
Toxic Pollutant
TRA Central
Instantaneous Maximum
Allowable Discharge
Limits m /L
TRA Denton Creek
Daily Maximum
Allowable Discharge
Limits m /L
Arsenic
0.2
-
Cadmium
0.1
0.044
Chromium
2.1
10.0
Copper
1.8
5.64
Cyanide
0.4
1.0
Lead
1.2
0.32
Mercury
0.06
0.005
Molybdenum
0.5
-
Nickel
3.3
2.91
Selenium
0.2
-
Silver
0.8
-
Zinc
6.1
2.80
Oil and Grease
200
100
pH
5.5-11.0
Standard Units
5.5-11.0
Standard Units
All concentrations for metallic substances are for "total" metal unless indicated otherwise. The
City Manager may impose mass limitations in addition to, or in place of, the concentration -based
limitations above.
Sec. 9.5-202.4. City's Right of Revision
The City reserves the right to establish, by article or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW.
Sec. 9.5-202.5. Dilution
No User shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a
discharge limitation unless expressly authorized by an applicable pretreatment standard or
requirement. The City Manager may impose mass limitations on Users who are using dilution to
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meet applicable pretreatment standards or requirements, or in other cases when the imposition of
mass limitations is appropriate.
Sec. 9.5-202.6. Plant Loading
No industry shall discharge wastewater containing a BOD or TSS loading that causes the
City's prorata share of the total BOD or TSS loading to the POTW system to exceed the City's
prorata share of the total flow to the POTW system. (Example: if the City contributes 25% of the
total wastewater flow to the System, the City's cumulative BOD or TSS loading to the System, as
measured at the City's points of entry to the System, shall not exceed 25% of the total BOD or
TSS loading to the System.)
Any industry with a wastewater strength that will cause the City's cumulative wastewater
loading, at the City's points of entry, to exceed the City's prorata share of the total wastewater
loading based upon flow, shall be required to install pretreatment facilities to reduce its wastewater
strength to an acceptable level.
Sec. 9.5-202.7. Pretreatment Facilities; Plans
Users shall provide wastewater treatment as necessary to comply with this article and shall
achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions
set out in Section 9.5-202.1 of this article within the time limitations specified by EPA, the State,
or the City Manager whichever is more stringent. Any facilities necessary for compliance shall be
provided, operated, and maintained at the User's expense. Detailed plans describing such facilities
and operating procedures shall be submitted to the City Manager for review, and shall be
acceptable to the City Manager before the facilities are constructed. The review of such plans and
operating procedures shall in no way relieve the User from the responsibility of modifying such
facilities as necessary to produce a discharge acceptable to the City under the provisions of this
article.
Sec. 9.5-202.8. Discharge Flow; Conditions
A. Whenever deemed necessary, the City Manager may require Users to restrict their
discharge during peak flow periods, designate that certain wastewater be discharged only
into specific sewers, relocate and/or consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams, and require such other conditions as may be
necessary to protect the POTW and determine the User's compliance with the
requirements of this article.
B. The City Manager may require any person discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage and flow -control
facility to ensure equalization of flow. A wastewater discharge permit may be issued
solely for flow equalization.
Sec. 9.5-202.9. Grease, Oil, and Sand Interceptors
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Grease, oil, and sand interceptors shall be provided when, in the opinion of the City
Manager they are necessary for the proper handling of wastewater containing excessive amounts
of grease and oil, or sand; except that these interceptors shall not be required for residential
Users. All interception units shall be of type and capacity approved by the City Manager and shall
be so located to be easily accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly, as needed, by the User at the User's expense.
Sec. 9.5-202.10. Gas Detection Meters and Other Control Devices
Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter or other control device as deemed necessary
by the City Manager.
Sec. 9.5-202.11. Slug Control Plans
A. The City Manager shall evaluate whether each permitted Significant Industrial User
needs a slug control plan or other action to control Slug Discharges no later than (1) one
year of the SIU determination. The City Manager may require any User to develop,
submit for approval, and implement such a plan. All the activities associated with Slug
Control evaluation and results are to be kept in the Industrial User file.
B. A slug control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the City Manager and Control Authority of
any slug discharge, as required by Section 9.5-204.6 of this article; and
(4) Procedures to prevent adverse impact from any slug discharge. Such procedures
include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control of
plant site runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
Sec. 9.5-202.12. Hauled Wastewater; Discharge; Permit
A. Septage waste may be introduced into the POTW only at locations designated by the City
Manager and Control Authority, and at such times as are established by the City Manager
and Control Authority. Such waste shall not violate Section 9.5-202.1— 9.5-202.6 of this
article or any other requirements established by the City. The City Manager and/or
Control Authority may require septic tank waste haulers to obtain wastewater discharge
permits.
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B. Septage waste haulers must provide a waste -tracking form for every load. This form
shall include, at a minimum, the name and address of the waste hauler, permit number,
truck identification, names and addresses of sources of waste, and volume and
characteristics of waste. The form shall identify the type of generator, known or
suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
Sec. 9.5-202.13. Best Management Practices
A. The City Manager may develop Best Management Practices (BMPs), and require Users
to implement such BMPs if necessary to protect the POTW. Such BMPs would be
supplemental and not used as a replacement for compliance with Local Limits listed in
Section 9.5-202.6 and Prohibited Discharge Standards in Section 9.5-202.1.
SECTION 9.5-203 - WASTEWATER DISCHARGE PERMIT
Sec. 9.5-203.1. Wastewater Analysis Required Upon Request
When requested by the City Manager, a User must submit information on the nature and
characteristics of its wastewater by the deadline stipulated. The City Manager is authorized to
prepare a form for this purpose and may periodically require Users to update this information.
Sec. 9.5-203.2. Permit Required
A. No Significant Industrial User (SILT) or Non -Significant Categorical Industrial User
(NSCIU) shall discharge wastewater into the POTW without first obtaining a wastewater
discharge permit from the City Manager, who may disallow any or all discharges until a
wastewater discharge permit is issued, except that a SIU or a NSCIU that has filed a
timely application pursuant to Section 9.5-203.3 of this article may continue to discharge
for the time period specified therein.
B. The City Manager may require other Users to submit a completed permit application or
survey form, including monitoring data, and to obtain wastewater discharge permits as
necessary to carry out the purposes of this article. To determine the status of a User in
relation to this article, Users may be required to perform sampling as specified by the
City Manager.
C. Any violation of the terms and conditions of a wastewater discharge permit shall be
deemed a violation of this article and subjects the wastewater discharge permittee to the
sanctions set out in Sections 9.5-205.5 through 9.5-209.5-209.5-205.13 of this article.
Obtaining a wastewater discharge permit does not relieve a permittee of the obligation to
comply with all federal and State pretreatment standards or requirements with any other
requirements of federal, state, and local law.
Sec. 9.5-203.3. Existing Industrial Users; Permit
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Any User required to obtain a wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of this article and who wishes to continue
such discharges in the future, shall, within ninety (90) days after that date, apply to the City
Manager for a wastewater discharge permit in accordance with Section 9.5-203.5 (A) of this
article, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of
the effective date of this article except in accordance with a wastewater discharge permit issued
by the City Manager. If, in the City Manager judgment, the passing of the article does not
significantly affect the Industrial User's current permit, then the existing permit may continue
through to the expiration date.
Sec. 9.5-203.4. New Industrial Users; Permit
Any User required to obtain a wastewater discharge permit who proposes to begin or
recommence discharging into the POTW must obtain that permit prior to the beginning or
recommencing of the discharge. An application for this wastewater discharge permit, in
accordance with Section 9.5-203.5 (A) of this article, must be filed prior to the date upon which
any discharge will begin or recommence.
Sec. 9.5-203.5. Permit Application; Content; Signatories and Certification
A. Permit application. All Users required to obtain a wastewater discharge permit must
submit a permit application.
(1) The City Manager may require all Users to submit as part of an application the
following information:
(a) All information required by Section 9.5-204.1 (B) of this article;
(b) Description of activities, facilities, and plant processes on the premises,
including a list of all raw materials and chemicals used or stored at the
facility which are, or could accidentally or intentionally be, discharged to
the POTW;
(c) Number and type of employees, hours of operation, and proposed or actual
hours of operation;
(d) Each product produced by type, amount, process or processes, and rate of
production;
(e) Type and amount of raw materials processed (average and maximum per
day);
(f) Site plans, floor plans, mechanical and plumbing plans, and details to show
all sewers, floor drains, and appurtenances by size, location, and elevation,
and all points of discharge;
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(g) Time and duration of discharges; and
(h) Any other information as may be deemed necessary by the City Manager to
evaluate the wastewater discharge permit application.
(2) Incomplete or inaccurate applications will not be processed and will be returned to
the User for revision.
B. Signatories and certification.
(1) An Authorized Representative of the User must sign all wastewater discharge
permit applications, User reports, and enforcement responses. Wastewater
discharge permit applications and User reports as identified in 40 CFR §409.5-
209.5-203.12(b), (d), (e), and (h), must contain the following certification
statement: "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."
(2) If the designation of an Authorized Representative of the User is no longer accurate
because a different individual or position has responsibility for the overall operation
of the facility or overall responsibility for environmental matters for the company,
a new written authorization satisfying the requirements of this Section must be
submitted to the City Manager prior to or together with any reports to be signed by
an Authorized Representative of the User.
(3) A facility determined to be a Non -Significant Categorical Industrial User (NSCIU)
by the City Manager pursuant to Section 9.5-201.4 (00)(2) must annually submit
the signed certification statement signed in accordance with the signatory
requirements in Section 9.5-201.4 (C). This certification must accompany an
alternative report required by the City Manager:
'Based on my inquiry of the person or persons directly responsible for managing
compliance with the categorical Pretreatment Standards under 40 CFR § , I
certify, to the best of my knowledge and belief, that during the period from
to [months, days, year]:
(a) The facility described as [facility name] met the definition of a
Non -Significant Categorical Industrial as described in Section 9.5-201.4
(00)(2); [Note: See 40 CFR § 409.5-203.3(v)(2)]
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(b) The facility complied with all applicable Pretreatment Standards and
requirements during this reporting period; and the facility never discharged
more than 100 gallons of total categorical wastewater on any given day
during this reporting period.
(c) This compliance certification is based on the following information.
Sec. 9.5-203.6. Evaluation and Decision
The City Manager will evaluate the data furnished by the User and may require additional
information. Within a reasonable time from receipt of a complete wastewater discharge permit
application, the City Manager will determine whether to issue a wastewater discharge permit. The
City Manager may deny any application for a wastewater discharge permit that is in violation of
this article.
Sec. 9.5-203.7. Permit Duration
A wastewater discharge permit shall be issued for a specified time period, not to exceed
five (5) years from the effective date of the permit. A wastewater discharge permit may be issued
for a period less than five (5) years, at the discretion of the City Manager. Each wastewater
discharge permit will indicate a specific date upon which it will expire.
Sec. 9.5-203.8. Permit Content; Conditions
A. A wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the City Manager to prevent pass through or interference, protect the quality
of the water body receiving the treatment plant's effluent, protect worker health and
safety, facilitate sludge management and disposal, and protect against damage to the
POTW.
B Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event
shall exceed five (5) years;
(2) A statement that the wastewater discharge permit is nontransferable without prior
notification to the City in accordance with Section 9.5-209.5-203.10 of this article,
and provisions for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
(3) Effluent limits including Best Management Practices based on applicable
pretreatment standards;
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(4) Self -monitoring, sampling, reporting, notification, and record -keeping
requirements including those for BMPs. These requirements shall include an
identification of pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local law;
(5) A statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such
schedule may not extend the time for compliance beyond that required by
applicable federal, state, or local law; and
(6) Requirements to control Slug Discharge, if determined by the City Manager to be
necessary.
C. Wastewater discharge permits may contain, but need not be limited to, the following
conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
(3) Requirements for the development and implementation of spill control plans or
other special conditions including management practices necessary to adequately
prevent accidental, unanticipated, or nonroutine discharges;
(4) Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities
and equipment;
(7) A statement that compliance with the wastewater discharge permit does not relieve
the permittee of responsibility for compliance with all applicable federal and State
pretreatment standards, including those which become effective during the term of
the wastewater discharge permit;
(8) Requirements to implement BMPs, if determined by the City Manager to be
necessary; and
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(9) Other conditions as deemed appropriate by the City Manager to ensure compliance
with this article, and federal and state laws, rules, and regulations.
Sec. 9.5-203.9. Permit Modification
The City Manager may modify a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
A. To incorporate any new or revised federal, State, or local pretreatment standards or
requirements;
B. To address significant alterations or additions to the User's operation, processes, or
wastewater volume or character since the time of the wastewater discharge permit
issuance;
C. A change in 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 threat to the POTW, POTW
personnel, or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40
CFR § 409.5-209.5-203.13;
H. To correct typographical or other errors in the wastewater discharge permit; or
I. To reflect a transfer of the facility ownership or operation to a new owner or operator.
Sec. 9.5-203.10. Permit Transfer; Notice and Approval
A. Wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives a minimum of sixty (60) days advance notice to the City Manager and
the City Manager approves the wastewater discharge permit transfer. The notice to the
City Manager must include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the
facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
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(3) Acknowledges full responsibility for complying with the existing wastewater
discharge permit.
B. Failure to provide advance notice of a transfer renders the wastewater discharge permit
void as of the date of facility transfer.
Sec. 9.5-203.11. Permit Revocation
A. The City Manager may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1) Failure to notify the City Manager of significant changes to the wastewater prior to
the changed discharge;
(2) Failure to provide prior notification to the City Manager of changed conditions
pursuant to Section 9.5-204.5 of this article;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
(4) Falsifying self -monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the City Manager timely access to the facility premises and
records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit
application;
(12) Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this article.
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B. Wastewater discharge permits shall be voidable upon cessation of operations or transfer
of business ownership. All wastewater discharge permits issued to a particular User are
void upon the issuance of a new wastewater discharge permit to that User.
Sec. 9.5-203.12. Permit Reissuance
A User with an expiring wastewater discharge permit shall apply for wastewater discharge
permit reissuance by submitting a complete permit application, in accordance with Section 9.5-
203.5 (A) of this article, a minimum of sixty (60) days prior to the expiration of the User's existing
wastewater discharge permit.
Sec. 9.5-203.13. Regulation of Waste Received from Other Jurisdictions
A. A municipality which contributes wastewater to the POTW, shall enter into an interlocal
agreement with the City prior to contributing such wastewater.
B. Prior to the City entering into an interlocal agreement as provided in subsection A, the
City may request the following information from the contributing municipality:
(1) A description of the quality and volume of wastewater discharged to the POTW by
the contributing municipality;
(2) An inventory of all Users located within the contributing municipality that are
discharging to the POTW; and
(3) Such other information as the City may deem necessary.
Sec. 9.5-203.14. Extrajurisdictional Users
A. An extrajurisdictional User shall apply for a permit in accordance with this article at least
ninety (90) days prior to discharging to the POTW.
B. This section does not apply to extrajurisdictional Users in jurisdictions which have an
agreement with the City pursuant to Section 9.5-209.5-203.13.
C. A wastewater discharge permit issued to an extrajurisdictional User shall be in the form
of a contract, and must include, at a minimum, the components found in 40 CFR § 409.5-
203.8(f)(1)(iii) and shall require the approval of the City's council. An extrajurisdictional
User shall agree to all the terms of this article and the terms of its wastewater discharging
contract in accordance with the procedures set forth in Sections 9.5-203.5 and 9.5-203.8
of this article prior to discharging into the POTW.
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SECTION 9.5-204- COMPLIANCE MONITORING; REPORTING REQUIREMENTS
Sec. 9.5-204.1. Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category determination
under 40 CFR § 409.5-203.6(a)(4), whichever is later, existing categorical Users
currently discharging to or scheduled to discharge to the POTW shall submit to the City
Manager a report which contains the information listed in paragraph B, below. At least
ninety (90) days prior to commencement of their discharge, new sources, and sources
that will become categorical Users subsequent to the promulgation of an applicable
categorical standard, shall submit to the City Manager a report which contains the
information listed in paragraph B, below. A new source shall report the method of
pretreatment it intends to use to meet applicable categorical standards. A new source
also shall give estimates of its anticipated flow and quantity of pollutants to be
discharged.
B. Users described above shall submit the information set forth below.
(1) Identifyin>; Information. The name and address of the facility, including the name
of the operator and owner.
(2) Environmental Permits. A list of any environmental control permits held by or for
the facility.
(3) Description of Operations. A brief description of the nature, average rate of
production, and standard industrial classifications and/or North American Industry
Classifications (NAICS) of the operation(s) carried out by the User. This
description should include a schematic process diagram which indicates points of
discharge to the POTW from the regulated processes.
(4) Flow measurement. Information showing the measured or estimated average daily
and maximum daily flow, in gallons per day, to the POTW from regulated process
streams and other streams, as necessary, to allow use of the combined wastestream
formula set out in 40 CFR § 409.5-203.6(e).
(5) Measurement of Pollutants.
(a) The categorical pretreatment standards applicable to each regulated process
(and any new categorically regulated processes for Existing Sources.)
(b) The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the City
Manager, of regulated pollutants in the discharge from each regulated
process.
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(c) Instantaneous, daily maximum, and long-term average concentrations, or
mass, where required, shall be reported.
(d) The sample shall be representative of daily operations and shall be analyzed
in accordance with procedures set out in Section 9.5-204.10 of this article.
Where the Standard requires compliance with a BMP or pollution
prevention alternative, the User shall submit documentation as required by
the City Manager or the applicable Standards to determine compliance with
the Standard.
(e) If discharge flow conditions are representative of daily operations, the User
shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this section. The City
Manager may require additional representative sampling to be conducted.
(f) Representative samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately downstream from the
regulated process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment the User should measure
the flows and concentrations necessary to allow use of the combined
wastestream formula in 40 CFR § 309.5-204.6(e) to evaluate compliance
with Pretreatment Standards.
(g) The City Manager may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures.
(h) The baseline report shall indicate the time, date and place of sampling and
method of analysis, and shall certify that such sampling and analysis is
representative of normal work cycle and expected pollutant discharges to
the POTW.
(i) Sampling must be performed in accordance with procedures set out in
Section 9.5-204.11 of this article.
(6) Certification. A statement, reviewed by the User's Authorized Representative of
the User and certified by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if not, whether additional
operation and maintenance (O&M) and/or additional pretreatment are required to
meet the pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the User will
provide the additional pretreatment and/or O&M. The completion date in this
schedule shall not be later than the compliance date established for the applicable
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pretreatment standard. A compliance schedule pursuant to this section must meet
the requirements set out in Section 9.5-204.2 of this article.
(8) Signature and Certification. All baseline monitoring reports must be signed and
certified in accordance with Section 9.5-203.5 B. (1) of this article.
Sec. 9.5-204.2. Compliance Schedule; Progress Reports
The following conditions shall apply to the compliance schedule required by Section 9.5-
204.1 (B)(7) of this article:
A. The schedule shall contain progress increments 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 (such events include, but are not limited to, hiring an engineer, completing
preliminary and final plans, executing contracts for major components, commencing and
completing construction, and beginning and conducting routine operation);
B. No increment referred to above shall exceed nine (9) months;
C. The User shall submit a progress report to the City Manager no later than fourteen (14)
days following each date in the schedule and the final date of compliance including, at a
minimum, whether it complied with the increment of progress, the reason for any delay,
and, if appropriate, the steps being taken by the User to return to the established schedule;
and
D. In no event shall more than nine (9) months elapse between the submission of progress
reports to the City Manager.
Sec. 9.5-204.3. Categorical Pretreatment Standards; Compliance Reports
Within ninety (90) days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source following commencement of the introduction
of wastewater into the POTW, any User subject to those pretreatment standards and requirements
shall submit to the City Manager a report containing the information described in Section 9.5-
204.1 (13)(4-6) of this article. For Users subject to equivalent mass or concentration limits
established in accordance with the procedures in 40 CFR § 409.5-203.6(c), this report shall contain
a reasonable measure of the User's long-term production rate. In cases where the Categorical
Pretreatment Standard requires compliance with a BMP or pollution prevention alternative, the
User shall submit documentation as required by the applicable Categorical Pretreatment Standard
necessary to determine the compliance status of the User. For all other Users subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge per unit of production
(or other measure of operation), this report shall include the User's actual production during the
appropriate sampling period. All compliance reports must be signed and certified in accordance
with Section 9.5-203.5 (13)(1) of this article. All sampling will be done in conformance with
Section 9.5-209.5-204.13 of the article.
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Sec. 9.5-204.4. Periodic Compliance Reports
A. All Significant Industrial Users shall, at a frequency determined by the City Manager but
in no case less than twice per year, submit a report indicating the nature and concentration
of pollutants in the discharge which are limited by pretreatment standards and the
measured or estimated average and maximum daily flows for the reporting period. In
cases where the Categorical Pretreatment Standard or the City Manager requires
compliance with a BMP or pollution prevention alternative, the User shall submit
documentation as required by the City Manager or the applicable Categorical
Pretreatment Standard necessary to determine the compliance status of the User. All
periodic compliance reports must be signed and certified in accordance with Section 9.5-
203.5 (B)(1) of this article.
B. All Non -Significant Categorical Industrial Users (NSCIUs) shall submit a report
annually in the month specified by the City Manager. The report shall be completed
according to the City's current reporting requirements, including the submittal of the
applicable certification statement found in Section 9.5-203.5 (13)(3) of this article.
C. All wastewater samples must be representative of the User's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a User to keep its
monitoring facility in good working order shall not be grounds for the User to claim that
sample results are unrepresentative of its discharge.
D. If a User subject to the reporting requirement in this section monitors any pollutant more
frequently than required by the City Manager using the procedures prescribed in Section
9.5-209.5-204.13 of this article, the results of this monitoring shall be included in the
report.
Sec. 9.5-204.5. Changed Conditions; Notices
A. Each User must notify the City Manager and the Control Authority of any planned
significant changes to the User's operations or system which might alter the nature,
quality, or volume of its wastewater a minimum of ninety (90) days prior to the change.
B. The City Manager may require the User to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application under Section 9.5-203.5 (A) of this article.
C. The City Manager may issue a wastewater discharge permit under Section 9.5-203.6 of
this article or modify an existing wastewater discharge permit under Section 9.5-203.9
of this article in response to changed conditions or anticipated changed conditions.
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D. For purposes of this requirement, significant changes include, but are not limited to, flow
increases of 20% or greater, and the discharge of any previously unreported pollutants
that are determined to be of concern.
Sec. 9.5-204.6. Accidental Discharge or Potential Problems; Report; Liability
A. In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a non -routine, episodic nature, a non -customary batch discharge, or a slug
load, that may cause potential problems for the POTW, the User shall immediately
telephone and notify the City and the Control Authority of the incident. This notification
shall include the location of the discharge, type of waste, concentration and volume, if
known, and corrective actions taken by the User.
B. Within five (5) days following that discharge, the User shall, unless waived by the City
Manager, submit a detailed written report describing the cause(s) of the discharge and
the measures to be taken by the User to prevent similar future occurrences. Such
notification shall not relieve the User of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, natural resources, or any
other damage to person or property; nor shall this notification relieve the User of any
fines, penalties, or other liability which may be imposed pursuant to this article.
C. 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 discharge described in paragraph
A, above. Employers shall ensure that all employees, who may cause such a discharge
to occur, are advised of the emergency notification procedure.
D. Significant Industrial Users are required to notify the City Manager immediately of any
changes at their facilities affecting the potential for a Slug Discharge.
Sec. 9.5-204.7. Users Without Permit; Required Reports
All Users not required to obtain a wastewater discharge permit shall provide appropriate
reports to the City Manager as the City Manager may require.
Sec. 9.5-204.8. Notice of Violation; Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must notify the City
Manager within twenty-four (24) hours of becoming aware of the violation. The User shall also
repeat the sampling and analysis and submit the results of the repeat analysis to the City Manager
within thirty (30) days after becoming aware of the violation. The User is not required to resample
if the City Manager monitors at the User's facility at least once a month, or if the City Manager
samples between the User's initial sampling and when the User receives the results of this sampling
or if the City Manager has performed the sampling and analysis in lieu of the User.
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Sec. 9.5-204.9. Hazardous Waste Discharge; Notification
A. Any User who commences the discharge of hazardous waste shall notify the POTW, the
EPA Regional Waste Management Division Pretreatment Coordinator, 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 § 261. Such
notification must include the name of the hazardous waste as set forth in 40 CFR § 261,
the EPA hazardous waste number, and the type of discharge (continuous, batch, or
other). If the User discharges more than one hundred (100) kilograms of such waste per
calendar month to the POTW, the notification also shall contain the following
information to the extent such information is known and readily available to the User: an
identification of the hazardous constituents contained in the wastes, an estimation of the
mass and concentration of such constituents in the wastestream discharged during that
calendar month, and an estimation of the mass of constituents in the wastestream
expected to be discharged during the following twelve (12) months. All notifications
must take place no later than one hundred and eighty (180) days after the discharge
commences. Any notification under this division need be submitted only once for each
hazardous waste discharged. However, notifications of changed conditions must be
submitted under Section 9.5-204.5 of this article. The notification requirement in this
section does not apply to pollutants already reported by Users subject to categorical
pretreatment standards under the self -monitoring requirements of Sections 9.5-204.1,
9.5-204.3, and 9.5-204.4 of this article.
B. Dischargers are exempt from the requirements of paragraph A, above, during a calendar
month in which they discharge no more than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 269.5-201.30(d)
and 269.5-201.33(e). Discharge of more than fifteen (15) kilograms of nonacute
hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as
specified in 40 CFR §§ 269.5-201.30(d) and 269.5-201.33(e), requires a one-time
notification. Subsequent months during which the User discharges more than such
quantities of any hazardous waste do not require additional notification.
C. 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 User must notify the City Manager, the POTW, the EPA Regional Waste
Management Waste Division Pretreatment Coordinator, and State hazardous waste
authorities of the discharge of that substance within ninety (90) days of the effective date
of such regulations.
D. In the case of any notification made under this section, the 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.
E. This provision does not create a right to discharge any substance not otherwise permitted
to be discharged by this article, a permit issued thereunder, or any applicable federal or
state law.
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Sec. 9.5-204.10. Analytical and Sampling Standards
All 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 § 136, and amendments thereto, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR § 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the EPA determines that the Part 136
sampling and analytical techniques are inappropriate for the pollutant in question sampling and
analyses shall be performed by using validated analytical methods or any applicable sampling and
analytical procedures, including procedures suggested by the City Manager, the EPA, TCEQ, or
other parties approved by EPA.
Sec. 9.5-204.11. Sample Collection Techniques
A. Except as indicated in paragraphs B and C of this section, the User must collect
wastewater samples using 24-hour flow -proportional composite sampling techniques,
unless time -proportional composite sampling or grab sampling is authorized by the City
Manager. Where time -proportional composite sampling or grab sampling is authorized
by the City, the samples must be representative of the discharge. Using protocols
(including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA
guidance, multiple grab samples collected during a 24-hour period may be composited
prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may
be composited in the laboratory or in the field; for volatile organics and oil and grease,
the samples may be composited in the laboratory. Composite samples for other
parameters unaffected by the compositing procedures as documented in approved EPA
methodologies may be authorized by the City, as appropriate. In addition, grab samples
may be required to show compliance with Instantaneous Limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports
required in Sections 9.5-204.1 and 9.5-204.3 [40 CFR § 409.5-209.5-203.12(b) and (d)],
a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide and volatile organic compounds for facilities for which historical sampling
data does not exist; for facilities for which historical sampling data are available, the City
Manager may authorize a lower minimum. For the reports required by Section 9.5-204.4
(40 CFR §§ 409.5-209.5-203.12(e) and 409.5-209.5-203.12(h)), the Industrial User is
required to collect the number of grab samples necessary to assess and assure compliance
with applicable Pretreatment Standards and Requirements.
Sec. 9.5-204.12. Submission Date
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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 United States Postal
Service, the date of receipt of the report shall govern.
Sec. 9.5-204.13. Records Retention
Users subject to the reporting requirements of this chapter shall retain, and make available
for inspection and copying, all records of information obtained pursuant to any monitoring
activities required by this article and any additional records of information obtained pursuant to
monitoring activities undertaken by the User independent of such requirements, and
documentation associated with Best Management Practices established in this article. Records
shall include the date, exact place, method, and time of sampling, and the name of the person(s)
taking the samples; the dates analyses were performed; who performed the analyses; the analytical
techniques or methods used; and the results of the analyses. These records shall remain available
for a period of at least three (3) years. This period shall be automatically extended for the duration
of any litigation concerning the User or the City, or where the User has been specifically notified
of a longer retention period by the City Manager.
SECTION 9.5-205 — ADMINISTRATION AND ENFORCEMENT
Sec. 9.5-205.1. Right of Entry: Inspection and Sampling
A. The City Manager and/or the Control Authority to the extent the Control Authority does
not have the authorization to enter the User's premises under any other agreements with
the City, TCEQ, or EPA or their designated representative(s) shall have the right to enter
the premises of any User to determine whether the User is complying with all
requirements of this article and any wastewater discharge permit or order issued
hereunder. Users shall allow the inspecting or sampling person(s) ready access to all
parts of the premises for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
B. Where a User has security measures in force which require proper identification and
clearance before entry into its premises, the User shall make necessary arrangements with
its security guards so that, upon presentation of suitable identification, City, Control
Authority, TCEQ, or EPA personnel will be permitted to enter without delay for the
purposes of performing specific responsibilities.
C. The City Manager and/or Control Authority to the extent the Control Authority does not
have the authorization to enter the User's premises under any other agreements with the
City shall have the right to set up on the User's property, or require installation of such
devices as are necessary, to conduct sampling and metering of the User's operations. All
sampling and analysis performed by the City and/or Control Authority to monitor
compliance shall be at the expense of the industrial User.
D. The City Manager may require the User to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained at all
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times in a safe and proper operating condition by the User at its own expense. All devices
used to measure wastewater flow and quality shall be calibrated, at a minimum, annually
to ensure their accuracy.
E. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the User at the written or verbal
request of the City Manager and shall not be replaced. The costs of clearing the access
shall be borne by the User.
F. Unreasonable delays in allowing an inspecting or sampling person access to the User's
premises shall be a violation of this article.
G. In accordance with 40 CFR § 403, the City shall inspect and monitor each Significant
Industrial User a minimum of once per year. If the City elects to perform compliance
monitoring for the Significant Industrial User then the City will monitor the industry a
minimum of semiannually.
H. The City shall inspect each NSCIU a minimum of once per year. If the City elects to
perform compliance monitoring for the NSCIU then the City will monitor the industry a
minimum of one time each permit cycle.
Sec. 9.5-205.2. Search Warrants
If the City Manager and/or Control Authority has been refused or denied access to a
building, structure, or property, or any part thereof, and is able to demonstrate probable cause to
believe that there may be a violation of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program of the City designed to verify compliance
with this article or any permit or order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the City Manager and/or Control Authority may seek
issuance of a search warrant from an appropriate court or judicial officer.
Sec. 9.5-205.3. Confidential Information
Information and data on a User obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from inspection
and sampling activities, shall be available to the public without restriction, unless the User
specifically requests, and is able to demonstrate to the satisfaction of the City or Control Authority,
that the release of that information would divulge information, processes, or methods of production
entitled to protection as trade secrets under applicable state law. Any such request must be asserted
at the time of submission of the information or data. When requested and demonstrated by the
User furnishing a report that the information should be held confidential, the portions of a report
which might disclose trade secrets or secret processes shall only be available pursuant to the
requirements of the Texas Public Information Act, but shall be made available immediately upon
request to governmental agencies for uses related to the NPDES or TPDES program or
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pretreatment program, and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics, and other effluent data as defined by 40 CFR
§ 9.5-202.302, will not be recognized as confidential information and will be available to the public
without restriction.
Sec. 9.5-205.4. Publication of Users in Significant Noncompliance
A. The City Manager shall publish annually, in a newspaper of general circulation that
provides meaningful public notice within the jurisdictions served by the POTW, a list of
the Users which, at any time during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards and requirements.
B. The term Significant Noncompliance shall be applicable to all Significant Industrial
Users (or any other Industrial User that violates paragraphs (3), (4), or (8) of this
paragraph) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of all the measurements taken for the same
pollutant parameter taken during a six (6) month period exceed (by any magnitude)
a numeric Pretreatment Standard or Requirement, including Instantaneous Limits
as defined in Sections 9.5-202.1 - 9.5-202.6;
(2) Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of wastewater measurements taken for each
pollutant parameter during a six (6) month period equals or exceeds the product of
the numeric Pretreatment Standard or Requirement including Instantaneous Limits,
as defined by Section 9.5-202.1-9.5-202.6 multiplied by the applicable criteria (9.5-
201.4 for BOD, TSS, fats, oils and grease, and 9.5-201.2 for all other pollutants
except pH);
(3) Any other violation of a Pretreatment Standard or Requirement as defined by
Section 9.5-202.1 — 9.5-202.6 (Daily Maximum, long-term average, Instantaneous
Limit, or narrative standard) that the City Manager determines has caused, alone or
in combination with other discharges, Interference or Pass Through, including
endangering the health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to the public
or to the environment, or has resulted in the City Manager's exercise of its
emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge permit or
enforcement order for starting construction, completing construction, or attaining
final compliance;
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(6) Failure to provide within forty-five (45) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with
categorical Pretreatment Standard deadlines, periodic self -monitoring reports, and
reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of Best Management
Practices, which the City Manager determines will adversely affect the operation
or implementation of the local pretreatment program.
Sec. 9.5-205.5. Notification of Violation; User Plan of Action
When the City Manager finds that a User has violated, or continues to violate, any provision
of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the City Manager may serve upon that User a written Notice of
Violation. Within the time frame specified in this notice, an explanation of the violation and a
plan for the satisfactory correction and prevention thereof, to include specific required actions,
shall be submitted by the User to the City Manager. Submission of this plan in no way relieves
the User of liability for any violations occurring before or after receipt of the Notice of
Violation. Nothing in this section shall limit the authority of the City Manager to take any action,
including emergency actions or any other enforcement action, without first issuing a Notice of
Violation.
Sec. 9.5-205.6. Consent Order
The City Manager may enter into a Consent Order, assurance of compliance, or a similar
document establishing an agreement with any User responsible for noncompliance. Such
documents shall include specific action to be taken by the User to correct the noncompliance within
a time period specified by the document. Such documents shall have the same force and effect as
the administrative orders issued pursuant to Sections 9.5-205.8 and 9.5-205.9 of this article and
shall be judicially enforceable. Issuance of a consent order shall not be a bar against, or a
prerequisite for, taking any other action against the User.
Sec. 9.5-205.7. Show Cause Hearing
The City Manager may order a User which has violated or continues to violate any
provision of this article, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the City Manager and show cause why the
proposed enforcement action should not be taken. Notice shall be served on the User specifying
the time and place for the meeting, the proposed enforcement action, the reasons for such action,
and a request that the User show cause why the proposed enforcement action should not be
taken. The notice of the meeting shall be served personally or by registered or certified mail (return
receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any
Authorized Representative of the User. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the User.
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Sec. 9.5-205.8. Compliance Orders
When the City Manager finds that a User has violated or continues to violate any provision
of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the City Manager may issue an order to the User responsible for the
discharge directing that the User come into compliance within a specified time. If the User does
not come into compliance within the time provided, sewer service may be discontinued unless
adequate treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to address the noncompliance,
including additional self -monitoring 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 pretreatment standard or requirement; nor does a compliance order
relieve the User of liability for any violation, including any continuing violation. Issuance of a
compliance order shall not be a bar against, or a prerequisite for, taking any other action against
the User.
Sec. 9.5-205.9 Cease -and -Desist Orders
A. When the City Manager finds that a User has violated or continues to violate any
provision of this article, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, or that the User's past violations are likely
to recur, the City Manager may issue an order to the User directing it to cease and desist
all such violations and directing the User to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation, including halting operations and/or
terminating the discharge.
B. Issuance of a cease -and -desist order shall not be a bar against, or a prerequisite for, taking
any other action against the User.
Sec. 9.5-205.10. Emergency Suspension of Discharge
A. The City Manager may immediately suspend a User's discharge, after informal notice to
the User, whenever such suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The City Manager may also immediately suspend a
User's discharge, after notice and opportunity to respond, that threatens to interfere with
the operation of the POTW, or which presents, or may present, an endangerment to the
environment.
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(1) Any User notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a User's failure to immediately comply
voluntarily with the suspension order, the City Manager may take such steps as
deemed necessary, including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW, its receiving stream, or endangerment
to any individuals. The City Manager may allow the User to recommence its
discharge when the User has demonstrated to the satisfaction of the City Manager
that the period of endangerment has passed, unless the termination proceedings in
Section 9.5-209.5-209.5-205.11 of this article are initiated against the User.
(2) A User that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence, to the City Manager prior to the date of any show cause or termination
hearing under Sections 9.5-205.7 or 9.5-209.5-209.5-205.11 of this article.
B. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
Sec. 9.5-205.11. Termination of Discharge
A. In addition to the provisions in Section 9.5-209.5-203.11 of this article, any User who
violates the following conditions is subject to discharge termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics of its
discharge;
(3) Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
(4) Refusal of reasonable access to the User's premises for the purpose of inspection,
monitoring, or sampling; or
(5) Violation of the pretreatment standards in Sections 9.5-202.1-9.5-202.6 of this
article.
B. Such Users will be notified of the proposed termination of its discharge and be offered
an opportunity to show cause under Section 9.5-205.7 of this article why the proposed
action should not be taken. Exercise of this option by the City Manager shall not be a
bar to, or a prerequisite for, taking any other action against the User.
Sec. 9.5-205.12. Injunctive Relief
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When the City Manager finds that a User has violated or continues to violate any provision
of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the City Manager may petition a court of competent jurisdiction through
the City Attorney for the issuance of a temporary restraining order and temporary or permanent
injunction, as appropriate, which restrains or compels the specific performance of the wastewater
discharge permit, order, or other requirement imposed by this article on activities of the User. The
City Manager may also seek such other action as is appropriate for legal and/or equitable relief,
including a requirement for the User to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a
User.
Sec. 9.5-205.13. Remedies Not Exclusive
The remedies provided for in this article are not exclusive. The City Manager may take
any, all, or any combination of these actions against a noncompliant User. Enforcement of
pretreatment violations will generally be in accordance with the City's enforcement response
plan. However, the City Manager may take other action against any User when the circumstances
warrant. Further, the City Manager is empowered to take more than one enforcement action
against any noncompliant User.
Sec. 9.5-205.14. Applicability of More Stringent Regulations
A. More Stringent Discharge Limits. If national pretreatment standards, categorical or
otherwise, more stringent than the discharge limits prescribed in this article are
promulgated by the United States Environmental Protection Agency for certain
industries, the more stringent national pretreatment standards will apply to the affected
Industrial User. A violation of the more stringent national pretreatment standards will
also be considered a violation of this article.
B. Applicability of More Stringent Discharge Limits. An Industrial User within the city who
discharges industrial waste ultimately received and treated by another governmental
entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city
is subject to the following additional rules:
(1) If the governmental entity has more stringent discharge limits than those prescribed
by this article, or by a discharge permit issued hereunder, because the United States
Environmental Protection Agency requires the more stringent discharge limits as
part of the governmental entity's wastewater pretreatment program, the more
stringent discharge limits shall prevail.
(2) The City Manager is authorized to issue a discharge permit to an Industrial User
affected by Subsection (1), to ensure notice of and compliance with the more
stringent discharge limits. If the Industrial User already has a discharge permit, the
City Manager may amend the permit to apply and enforce the more stringent
discharge limits. An Industrial User shall submit to the City Manager an expected
compliance date and an installation schedule if the more stringent discharge limits
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necessitate technological or mechanical adjustments to discharge facilities or plant
processes.
(3) If the City Manager chooses not to issue or amend a permit under Subsection (2),
the City Manager shall notify the affected Industrial User in writing of the more
stringent discharge limits and their effective date. Regardless of whether or not a
permit is issued or amended, an Industrial User shall be given a reasonable
opportunity to comply with the more stringent discharge limits.
(4) The more stringent discharge limits cease to apply upon termination of the City's
wholesale wastewater contract or reciprocal agreement with the governmental
entity, or upon modification or elimination of the limits by the government entity
or the United States Environmental Protection Agency. The City Manager shall
take the appropriate action to notify the affected Industrial User of an occurrence
under this Subsection (4).
C. Variances in Compliance Dates. The City Manager may grant a variance in compliance
dates to an industry when, in the City Manager's opinion, such action is necessary to
achieve pretreatment or corrective measures. In no case shall the City Manager grant a
variance in compliance dates to an industry affected by national categorical pretreatment
standards beyond the compliance dates established by the United States Environmental
Protection Agency.
D. Authority, tRegulate. The City Manager may establish regulations, not in conflict with
this article or other laws, to control the disposal and discharge of industrial waste into the
wastewater system and to ensure compliance with the City's pretreatment enforcement
program with all applicable pretreatment regulations promulgated by the United States
Environmental Protection Agency. The regulations established shall, where applicable,
be made part of any discharge permit issued to an Industrial User by the City Manager.
Sec. 9.5-205.15. Affirmative Defenses to Discharge Violations
A. Act of God provision
(1) An event that would otherwise be a violation that is caused solely by an act of God,
war, strike, riot, or other catastrophe is not a violation.
(2) In an enforcement proceeding, the User seeking to establish the occurrence of an
act of God, war, strike, riot, or other catastrophe shall have the burden of proof.
(3) In the event that an act of God, war, strike, riot, or other catastrophe has been
established, the User shall control production of all discharges to the extent possible
until such time as the reduction, loss, or failure of its treatment facility is restored
or an alternative method of treatment is provided.
B. Bypass
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(1) For the purpose of this section:
(a) `Bypass" means the intentional diversion of wastestreams from any portion
of a User's treatment facility.
(b) "Severe property damage" means 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 reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
(2) A User may allow any bypass to occur which does not cause pretreatment standards
or requirements to be violated, but only if it also is for essential maintenance to
assure efficient operation. These bypasses are not subject to the provision of
subsections (3) and (4) of this paragraph.
(3) Bypass Notifications
(a) If a User knows in advance of the need for a bypass, it shall submit prior
notice to the City Manager at least ten (10) days before the date of the
bypass, if possible.
(b) A User shall submit oral notice to the City Manager of an unanticipated
bypass that exceeds applicable pretreatment standards within twenty-four
(24) hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five (5) days of the time the User
becomes aware of the bypass. The written submission shall contain a
description of the bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent recurrence of the bypass. The City Manager
may waive the written report on a case -by -case basis if the oral report has
been received within twenty-four (24) hours.
(4) Bypass
(a) Bypass is prohibited, and the City Manager may take an enforcement action
against a User for a bypass, unless:
1. The bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
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condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
3. The User submitted notices as required under subsection (3) of this
paragraph.
(b) The City Manager may approve an anticipated bypass, after considering its
adverse effects, if the City Manager determines that it will meet the three
conditions listed in subsection (4)(a) of this paragraph.
Sec. 9.5-205.16. Pretreatment Charges and Fees; Surcharges
A. The City may adopt reasonable fees for reimbursement of costs of setting up and
operating the City's pretreatment program, which may include:
(1) Fees for wastewater discharge permit applications including the cost of processing
the applications;
(2) Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a User's discharge, and reviewing monitoring reports
submitted by Users;
(3) Fees for reviewing and responding to accidental discharge procedures and
construction;
(4) Fees for filing appeals;
(5) Recovery of administrative and legal costs associated with enforcement activity
taken by the City Manager to address industrial User noncompliance.
(6) Other fees as the City may deem necessary to carry out the requirements contained
herein. These fees relate solely to the matters covered by this article and are
separate from all other fees, fines, and penalties chargeable by the City;
(7) Fees for treating abnormal strength wastes; and
(8) Fees incurred from an upset, bypass, or unauthorized discharge.
B. Surcharge
The City may surcharge Industrial Users for the treatment of abnormal strength
wastes. Water or wastes having (1) a five-day biochemical oxygen demand greater than
two hundred fifty (250) parts per million (ppm) by weight, or (2) containing more than
two hundred fifty (250) parts per million by weight of total suspended solids, shall be
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subject to the review and approval of the City Manager. Where the City Manager has
approved the admission of (1) and/or (2) above into the POTW, that discharge may be
subject to a surcharge as determined by the City Manager. In no case shall a discharge
be accepted that will prevent the POTW from meeting its NPDES or TPDES limits.
(1) The surcharge will be assessed according to the following formula each month
using the most current pollutant concentration data and the current month's
wastewater flow:
Surcharge = Q x [a(BOD — x) + b(TSS — y)][8.34]
1,000,000
Where:
Q = flow in gallons
8.34 = weight in pounds of one gallon of water
x = normal limits of BOD in domestic wastewater expressed in milligrams per liter
y = normal limits of TSS in domestic wastewater expressed in milligrams per liter
a = unit cost of treatment per pound of BOD
b = unit cost of treatment per pound of TSS
(2) A surcharge is an additional charge by the POTW for the increased cost of handling
discharge of unusual strength and character and shall not serve as a variance to the
requirements of this article. Exercise of this provision shall not be a bar to, or a
prerequisite for, taking any other action against the User.
Sec. 9.5-205.17. Severability
If any provision of this article is invalidated, by any court of competent jurisdiction, the
remaining provisions shall not be affected and shall continue in full force and effect.
Sec. 9.5-205.18. Penalty
A. Civil Penalties
(1) A User who has violated, or continues to violate, any provision of this article, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, shall be liable to the City for a maximum civil penalty of
One Thousand Dollars ($1,000) per violation, per day. In the case of a monthly or
other long-term average discharge limit, penalties shall accrue for each day during
the period of the violation.
(2) The City Manager may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the City.
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(3) In determining the amount of civil liability, the Court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused by
the violation, the magnitude and duration of the violation, any economic benefit
gained through the User's violation, corrective actions by the User, the compliance
history of the User, and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking
any other action against a User.
B. Criminal Prosecution
(1) A User who violates intentionally, knowingly, recklessly, or negligently any
provision of this article, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall, upon conviction, be guilty
of a misdemeanor, punishable by a fine of not more than Two Thousand Dollars
($2,000) per violation, per day.
(2) A User who intentionally, knowingly, recklessly, or negligently introduces any
substance into the POTW which causes personal injury or property damage shall,
upon conviction, be guilty of a misdemeanor and be subject to the same penalties
described in Section 9.5-209.5-209.5-205.18(B)(1) of this article. This penalty shall
be in addition to any other cause of action for personal injury or property damage
available under state law.
(3) A User who makes any false statements, representations, or certifications in any
application, record, report, plan, or other documentation filed, or required to be
maintained, pursuant to this article, wastewater discharge permit, or order issued
hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this chapter shall, upon conviction, be
subject to the same penalties described in division Section 9.5-209.5-209.5-
205.18(B)(1) of this article.
(4) CRIMINAL RESPONSIBILITY. A person is criminally responsible for a
violation of this article if that person intentionally, knowingly, recklessly, or
negligently:
(a) Commits or assists in the commission of a violation, or causes or permits
another person to commit a violation, of this article; or
(b) Owns or manages the property or facilities determined to be the cause of the
illegal discharge under Sections 9.5-202.1, 9.5-202.2, 9.5-202.3, 9.5-209.5-
202.12, or 9.5-203.2.
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SECTION 9.5-206 — REPEAL OF ORDINANCE NO. 836
Ordinance No. 836 is hereby repealed, except that such repeal shall not affect, limit or
excuse the violation or enforcement of a violation of Ordinance No. 836 arising prior to the
effective date hereof.
SECTION 9.5-207 — EFFECTIVE DATE
These rules shall be in full force and effective ten (10) days after the date of final approval
from the State.
SECTIONS 9.5-208 — 9.5-220. RESERVED"
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances, and of the Southlake
City Code, as amended, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances and such Code, in which event the conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections 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 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of any ordinances affecting curfew which have accrued at the time of
the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
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SECTION 6.
The City Secretary of the City of Southlake is hereby directed to publish caption, penalty
clause, and effective date clause in the official newspaper at least once within ten (10) days after
the passage of this ordinance.
SECTION 7.
This Ordinance shall be in full force and effect from and after its passage and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED on this the day of 2024.
SHAWN MCCASKILL, MAYOR
CITY OF SOUTHLAKE, TEXAS
ATTEST:
AMY SHELLEY, CITY SECRETARY
CITY OF SOUTHLAKE, TEXAS
APPROVED AS TO FORM AND LEGALITY:
CARA LEAHY WHITE, CITY ATTORNEY
CITY OF SOUTHLAKE, TEXAS
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