Item 7HCity of Southlake, Texas
MEMORANDUM
April 1, 2003
To: Billy Campbell, City Manager
From: Pedram Farahnak, P.E., Director of Public Works, ext. 2308
Subject: Ordinance No. 836, 2nd reading, approval of Industrial Wastewater
Ordinance for the City of Southlake for compliance with applicable state and
federal regulations.
Action Requested: Council approval of an Industrial Wastewater Ordinance for the City of
Southlake for compliance with applicable state and federal regulations.
Background
Information: The purpose of this ordinance is to enable the Trinity River Authority's
(TRA) Regional Publicly Owned Treatment Works (POTW) to comply
with all applicable state and federal laws including the Clean Water Act
(CWA) and the pretreatment regulations included in the 40 Code of
Federal Registar (CFR).
The objective of this ordinance is to:
Prevent interference with operation of POTW
• Prevent passage of pollutants through POTW and into local, state
and federal waste ways.
• Ensure superior quality of sludge intended for recycling and reuse
for beneficial purposes.
• Comply with the requirements of the National and the Texas
Pollution Discharge Elimination System permits.
On September 24, 2002, the Texas Commission on Environmental Quality
(TCEQ) confirmed compliance and made final comments on the TRA's
proposed Industrial Pretreatment Program in connection with that
agency's regional wastewater treatment plant located in Grand Prairie,
Texas. The Pretreatment Program is required by the Federal Clean Water
Act Program, 40 Code of Federal Regulations, Chapter 403.8 (b) and
403.9 (b) and is administered by the USEPA and the TCEQ. The
Pretreatment Program is required for maintenance and renewal of
TRA's /Southlake's National Pollution Discharge Elimination System
( NPDES) permits which became effective on July 1, 1995.
The NPDES permit is required in part to develop the upper limits for the
waste discharge parameters for all partner cities (Also known as the
technically based local limits) toward meeting the surface water quality
standards.
On March 18, 2003, City Council approved Ordinance No. 836, I st
reading.
Financial
Considerations: Funding support for this program is provided by the Public Works annual
operations budget.
Citizen Input /
Board Review: This program has been reviewed by the TRA Advisory Committee of 21
member cities.
Legal Review: This ordinance has been reviewed by and changes have been made by the
City attorney.
Alternatives: Not applicable.
Supporting
Documents: Industrial Waste Ordinance
Location Map
TNRCC /TCEQ correspondence of September 24, 2002
Staff
Recommendation: Council approval of an Industrial Wastewater Ordinance for the City of
Southlake for compliance with applicable state and federal regulations.
Staff Contact: Pedram Farahnak, P.E., Director of Public Works, ext. 2308
Valerie Bradley, Assistant to the Director of Public Works,
ext. 2342
11
Robert J. Huston, Chairman
R. B. "Ralph" Marquez, Commissioner
Kathleen Hartnett White, Commissioner
Jeffrey A. Saitas, Executive Director
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texas by Reducing and Preventing Pollution
September 24, 2002
Certified Mail
Mr. Warren N. Brewer, Manager, Northern Region
Trinity River Authority of Texas
P. O. Box 240
Arlington, Texas 76004 -0240
Re: Completion of Substantial Program Modifications to the Trinity River Authority -
Central Regional Wastewater System Pretreatment Program
TPDES Permit Number 10303 -001 (EPA Identification Number TX0022802)
Dear Mr. Brewer:
This letter acknowledges receipt of the latest submittal, received by the Texas Commission on
Environmental Quality (TCEQ) Pretreatment Team on March 28, 2002, to the proposed Trinity
River Authority (TRA)- Central Regional Wastewater System (CRWS) Pretreatment Program. The
submittal included a revised copy of the Dallas/Fort Worth (DFW) International Airport's
Resolution, enforcement response plan (ERP) /enforcement response guide (ERG), and an example
permit that replaces the documents submitted for this multijurisdictional customer in1999. Included
in Attachment 1 are our comments pertaining to this submittal as well as other sections ofthe CRWS
proposed pretreatment program that are necessary to meet the requirements of current federal, State,
and local law.
In January 1997, the TRA originally submitted the substantial modification for the CRWS
pretreatment program to the U.S. Environmental Protection Agency (EPA) Region 6 as a
requirement of their National Pollutant Discharge Elimination System (NPDES) permit which
became effective on July 1, 1995. The EPA sent a letter, dated March 12, 1998, to the TRA which
included comments and requested revisions to the substantial modification submittal. On October
27, 2000, the TRA performed a reassessment of the proposed technically based local limits and,
certified that they are adequate to protect the Texas Surface Water Quality Standards [30 Texas.
Administrative Code (TAC) Chapter 307] in waters of the State and are adequate to prevent pass
through of pollutants, inhibition of or interference with the treatment facility, worker health and
safety problems, and sludge contamination. The EPA indicated in a letter to the Texas Natural
Resource Conservation Commission (TNRCC), now the TCEQ, dated March 20, 2001, that the
P.O. Box 13087 • Austin, Texas 78711 -3087 • 512/239 -1000 • Internet address: www.tnrcc.state.tx.us
printed on recycled paper using soy -based ink
Mr. Warren N. Brewer, Manager
Page 2
September 24, 2002
TRA -CRWS substantial program modification meets all the requirements of 40 Code of Federal
Regulations (CFR) § §403.8(f) and 4039(b). With the revisions required in Attachment 1, the
revisions required by the EPA, and the previously submitted documentation, the cumulative
submission will be determined to be complete.
Once all revisions are complete, the TRA and the 21 multijurisdictional customers to the CRWS
should proceed with adequate public participation and obtain City Council or Board approvals ofthe
revised pretreatment program. Once each multijurisdictional customer's City Council or Board has
approved and adopted the respective ordinance or resolution (and other portions as necessary), the
TRA should submit to the Executive Director in care of the Wastewater Permitting Section (MC 148)
of the Water Quality Division, in writing, an official request for approval of the substantial
modification.
The request must be signed by the Texas Pollutant Discharge Elimination System ( TPDES)
signatory authority. The request must be accompanied by the final attorney's statement (40 CFR
§403.9(b)(1)) and a resolution of funding /endorsement from each.ofthe governmental bodies (TRA
and multijurisdictional customers) responsible for funding and implementing the pretreatment
program. The substantial modifications package must include an updated industrial waste survey;
new legal authority including sewer use ordinance (referenced by number) and applicable
multijurisdictional agreements /contracts; technically based local limits; ERP/ERG; andPretreatment
Program implementation procedures, including inspection forms, permits, permit applications,
samples of enforcement communications, sampling documentation and other relevant documents.
Four copies of the proposed substantial modification should accompany the request. Three copies
should be bound and one copy unbound. You should retain a copy for your files. Please fill out the
attached tables in Attachment 2 for the multijurisdictional customers and any other cities and
counties that will be directly affected by the TRA -CRWS approved pretreatment program and for
any interested parties who have specifically requested notice of your program modification.
Once the TCEQ has received your request, the TCEQ's Office of Chief Clerk will send a letter with
instructions to publish public notice for a 30 day comment period. The EPA will have 45 days to
comment. After which time, if no comments have been received, it will be incorporated into your
TPDES permit by reference. The TRA will receive the final modified permit after the public notice
and comment period have expired. The TRA should begin implementation of the modified
pretreatment program upon the effective date of the modified TPDES permit.
During telephone conversations with Ms. Cynthia Belvin, TRA Pretreatment Coordinator, it was
requested that submittal of the official request for approval be within four months from receipt of
this letter. Therefore, please submit the complete substantial modification with any required changes
and your request for approval of the substantial modification to the Executive Director in care of the
Wastewater Permitting Section (MC 148) by December 30, 2002.
Mr. Warren N. Brewer, Manager
Page 3
September 24, 2002
If you should have any questions concerning the required modifications, please contact Ms. Rebecca
Villalba at (512) 239 -4784, or if by correspondence, include MC 148 in the letterhead address
following my name.
Sincerely yours,
j -
, ' t� C C6't�'�A
Jill C. Russell, Pretreatment Team Leader
Wastewater Permitting Section
Texas Commission on Environmental Quality
Enclosure
JCR/rly
ccs: Mr. Lee Bohme, Regional Pretreatment Coordinator, U.S. EPA Region 6 (6WQ -PO), 1445
Ross Avenue, Austin, Texas 75202
Mr. James Lee Murphy, Staff Attorney, TRA- General Office, P.O. Box 60, Arlington, Texas
76004
Ms. Patricia Cleveland, Manager of Operations, Northern Region, TRA, P. O. Box 240
Arlington, Texas 76004 -0240
Mr. William B. Cyrus, Manager, Technical Services, TRA -CRWS, 6500 West Singleton
Blvd, Dallas, Texas 75212
Ms. Cynthia Belvin, Pretreatment Coordinator, TRA -CRWS, P. 0. Box 240, Arlington,
Texas 76004 -0240
City Manager and City Pretreatment Contact for each ofthe 21 Multijurisdictional Customers
to the TRA -CRWS
City of Southlake
Ordinance No. 836
Industrial Wastewater Ordinance
March 2003
-1
TABLE OF CONTENTS
Page
SECTION 1 - GENERAL PROVISIONS ................................................................................ ...............................
1
1.1
Purpose and Policy .................................................................................................. ...............................
2
1.2
Administration .......................................................................................................... ..............................2
1.3
Abbreviations .......................................................................................................... ...............................
2
1.4
Definitions ................................................................................................................ ..............................3
SECTION 2 - GENERAL SEWER USE REQUIREMENTS .................................................... ...............................
8
2.1
Prohibited Discharge Standards .............................................................................. ...............................
10
2.2
National Categorical Pretreatment Standards ............................................................ .............................10
2.3
Reserved .................................................................................................................. .............................10
2.4
Local Limits .......................................................................................................... ...............................
11
2.5
{City's} Right of Revision ....................................................................................... ...............................
11
2.6
Dilution ................................................................................................................... .............................12
2.7
Plant Loading ........................................................................................................ ...............................
12
SECTION 3 - PRETREATMENT OF WASTEWATER ........................................................ ...............................
12
3.1
Pretreatment Facilities ........................................................................................... ...............................
12
3.2
Additional Pretreatment Measures .......................................................................... ...............................
12
3.3
Accidental Discharge /Slug Control Plans ................................................................. .............................13
3.4
Hauled Wastewater ................................................................................................ ...............................
13
SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION ................................ .............................14
4.1
Wastewater Analysis .............................................................................................. ...............................
14
4.2
Wastewater Discharge Permit Requirement ............................................................ ...............................
14
4.3
Wastewater Discharge Permitting:Existing Connections ........................................... .............................14
4.4
Wastewater Discharge Permitting:New Connections .............................................. ...............................
14
4.5
Wastewater Discharge Permit Application Contents ............................................... ...............................
15
4.6
Application Signatories and Certification ............................................................... ...............................
15
4.7
Wastewater Discharge Permit Decisions ................................................................. ...............................
15
SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS .................. ...............................
16
5.1
Wastewater Discharge Permit Duration .................................................................. ...............................
16
5.2
Wastewater Discharge Permit Contents .................................................................. ...............................
16
5.3
Reserved .................................................................................................................. .............................17
5.4
Wastewater Discharge Permit Modification ............................................................ ...............................
17
5.5
Wastewater Discharge Permit Transfer ................................................................... ...............................
17
5.6
Wastewater Discharge Permit Revocation .............................................................. ...............................
18
5.7
Wastewater Discharge Permit Reissuance .............................................................. ...............................
19
SECTION 6 - REPORTING REQUIREMENTS .................................................................... ...............................
19
6.1
Baseline Monitoring Reports .................................................................................. ...............................
19
6.2
Compliance Schedule Progress Reports .................................................................. ...............................
20
6.3
Reports on Compliance with Categorical Pretreatment Standard Deadline .............. ...............................
21
6.4
Periodic Compliance Reports ................................................................................. ...............................
21
6.5
Reports of Changed Conditions .............................................................................. ...............................
21
6.6
Reports of Potential Problems ................................................................................ ...............................
22
6.7
Reports from Unpermitted Users ............................................................................ ...............................
22
6.8
Notice of Violation/Repeat Sampling and Reporting ............................................... ...............................
22
vu
6.9 Notification of the Discharge of Hazardous Waste .................................................. ............................... 23
6.10 Analytical Requirements ........................................................................................ ............................... 23
6.11 Sample Collection .................................................................................................. ............................... 24
6.12 Timing .................................................................................................................. ............................... 24
6.13 Record Keeping ..................................................................................................... ............................... 24
SECTION 7 - COMPLIANCE MONITORING ......
7.1 Right of Entry: Inspection and Sampling
7.2 Search Warrants ....... ...............................
SECTION 8 - CONFIDENTIAL INFORMATION
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation .................... ...............................
10.2 Reserved ............................................ ...............................
10.3 Show Cause Hearing .......................... ...............................
10.4 Compliance Orders ............................ ...............................
10.5 Cease and Desist Orders ..................... ...............................
10.6 Reserved ............................................ ...............................
10.7 Emergency Suspensions ..................... ...............................
10.8 Termination of Discharge ................... ...............................
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES.
11.1 Injunctive Relief .................. ...............................
11.2 Civil Penalties ..................... ...............................
11.3 Criminal Prosecution ........... ...............................
11.4 Remedies Nonexclusive ....... ...............................
11.5 Applicability of More Stringent Regulations........
SECTION 12 - RESERVED
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Upset .................................................................. ...............................
13.2 Act of God .......................................................... ...............................
13.3 Bypass ................................................................ ...............................
SECTION 14 - WASTEWATER TREATMENT RATES
SECTION 15 - MISCELLANEOUS PROVISIONS
15.1 Pretreatment Charges and Fees ...............
15.2 Severability ............ ...............................
SECTION 16 - EFFECTIVE DATE
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vui
ORDINANCE NO. 836
AN ORDINANCE OF THE CITY OF SOUTHLAKE REQUIRING USERS OF THE PUBLICLY
OWNED TREATMENT WORKS TO COMPLY WITH ALL APPLICABLE STATE AND
FEDERAL LAWS CONCERNING THE INTRODUCTION OF POLLUTANTS INTO THE
PUBLICLY OWNED TREATMENT WORKS AND REQUIRING SUCH USERS TO COMPLY
WITH GENERAL PRETREATMENT REGULATIONS; AUTHORIZING THE ISSUANCE OF
WASTEWATER DISCHARGE PERMITS; PROVIDING FOR MONITORING, COMPLIANCE
AND ENFORCEMENT ACTIVITIES; ESTABLISHING ADMINISTRATIVE REVIEW
PROCEDURES; REQUIRING USER REPORTING; PROVIDING FOR THE SETTING OF FEES
FOR THE EQUITABLE DISTRIBUTION OF COSTS RESULTING FROM THE PROGRAM
ESTABLISHED THEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A
PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
The City Council of the City of Southlake hereby adopts this Ordinance which shall be known and referred
to as the City of Southlake Industrial Wastewater Ordinance
SECTION 1 - GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works for
the City of Southlake (the "City ") and enables the City to comply with all applicable State and Federal
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 ordinance are:
A. to prevent the introduction of pollutants into the Publicly Owned Treatment Works that will
interfere with its operation,
B. 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,
C. 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;
D. to promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned
Treatment Works,
E. to provide for fees for the equitable distribution of the cost of operation, maintenance, and
improvement of the Publicly Owned Treatment Works; and
F. to enable the Control Authority to comply with its National 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.
This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance
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.
1.2 Administration
Except as otherwise provided herein, the Director of Public Works of the City or his designated
representative shall administer, implement, and enforce the provisions of this ordinance.
1.3 Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated meanings:
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - U.S. Environmental Protection Agency
gpd - gallons per day
mg/1 - milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIC - Standard Industrial Classification
SILT - Significant Industrial User
TCEQ - Texas Commission on Environmental Quality
TPDES - Texas Pollutant Discharge Elimination System
TRA - Trinity River Authority
TSS - Total Suspended Solids
10
TTO - Total Toxic Organics
U.S.C. - United States Code
1.4 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
ordinance, 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 etseq.
B. Approval Authority The Regional Administrator of EPA or the Director of a state agency
delegated to act on EPA's behalf with an approved pretreatment program (e.g. Director of
TCEQ).
C. Authorized Representative of the User
(1) If the user is a corporation:
(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 operation facilities
employing more than two hundred fifty (250) persons or having gross annual sales
or expenditures exceeding twenty -five (25) million dollars (in second - quarter 1980
dollars), if 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 governmental 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 I 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. 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).
E. Bypass The intentional diversion of waste streams from any portion of a user's treatment
facility.
F. Categorical Pretreatment Standard or Categorical Standard Any regulation containing
pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of
the Act (33 U.S.C. § 13 17) which apply to a specific category of users and which appear in 40
CFR Chapter I, Subchapter N, Parts 405 -471.
11
G. Q�L The City of Southlake, Contracting Party of the Trinity River Authority's Central
Regional Wastewater System.
H. 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.
L Control Authori ty . Trinity River Authority of Texas.
Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or,
where appropriate, the Regional Water Management Division Director, or other duly
authorized official of said agency.
K. Existing Source ource Any source of discharge, the construction or operation of which commenced
prior to the publication by EPA of proposed categorical pretreatment standards, which will be
applicable to such source if the standard is thereafter promulgated in accordance with Section
307 of the Act.
L. 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.
M. 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.
N. Industrial User An industry that discharges wastewater into the wastewater system.
O. Instantaneous Maximum Allowable Discharge Limit The maximum concentration of a
pollutant allowed to be discharged at any time, determined from the analysis of any discrete
or composited sample collected, independent of the industrial flow rate and the duration of the
sampling event.
P. 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 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 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 Act.
Q. 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.
R. NPDES (National Pollutant Discharge Elimination System) National Pollutant Discharge
Elimination System permit program of the Environmental Protection Agency, and/or the
permit program of the state agency delegated to act on EPA's behalf with an approved
pretreatment program (e.g. TPDES or Texas Pollutant Discharge Elimination System).
12
S. 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 such 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 of
production equipment that causes the discharge of pollutants at an existing source;
or
(c) the production or wastewater generating processes of the building, structure,
facility, or installation are substantially independent of an existing source at the
same site. In determining whether these are substantially independent, factors
such as the 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 a new source as defined under this paragraph has commenced if the
owner or operator has:
(a) begun, or caused to begin, as part of a continuous onsite construction program
(i) any placement, assembly, or installation of facilities or equipment; or
(ii) significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the
placement, assembly, or installation of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and design studies do
not constitute a contractual obligation under this paragraph.
T. 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.
U. Normal Wastewater Wastewater which the average concentration of suspended solids and
five -day BOD does not exceed 250 mg/1 each.
V. 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
NPDES permit, including an increase in the magnitude or duration of a violation.
13
W. Person Any individual, partnership, copartnership, 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.
X. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
Y. 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).
Z. 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
such 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.
AA. Pretreatment Requirements Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
BB. Pretreatment Standards or Standards Pretreatment standards shall mean prohibited discharge
standards, categorical pretreatment standards, and local limits.
CC. Prohibited Discharge Standards or Prohibited Discharges Absolute prohibitions against the
discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance.
DD. 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.
EE Septic Tank Waste Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
FF. Severe prope . damage. Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of
natural resources which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays production.
GG. Sewage Human excrement and gray water (household showers, dishwashing operations,
etc.).
HH. Shall is mandatory; May is permissive.
IL Significant Industrial User
(1) A user subject to categorical pretreatment standards; or
14
(2) A user that:
(a) 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);
(b) 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
(c) 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.
(3) Upon a finding that a user meeting the criteria in Subsection (2) 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
403.8(f)(6), determine that such user should not be considered a significant industrial
user.
JJ. Slug Load or Slug Any discharge at a flow rate or concentration which could cause a
violation of the prohibited discharge standards in Section 2.1 of this ordinance.
KK. Standard Industrial Classification (SIC) Code A classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and
Budget.
LL. Storm Water Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
MM Superintendent. The person designated by the City who is charged with certain duties and
responsibilities by this ordinance, or a duly authorized representative.
NN Total Toxic Organics The sum of the masses or concentration of the toxic organic
compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in
industrial users' discharge at a concentration greater than 0.01 mg/L. Only those parameters
reasonably suspected to be present, at the discretion of the Director of Public Works, if any,
shall be analyzed for with non - categorical industries. With Categorical industries, TTOs will
be sampled for as stipulated in the particular category or those parameters reasonably
suspected to be present, or, where not stipulated, at the discretion of the Director of Public
Works.
00. Upset. An exceptional incident in which there is unintentional and temporary noncompliance
with categorical pretreatment standards because of factors beyond the reasonable control of
the user. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
PP User or Industrial User A source of indirect discharge.
QQ 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.
RR Wastewater Treatment Plant or Treatment Plant That portion of the POTW which is
designed to provide treatment of municipal sewage and industrial waste.
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SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
A. General Prohibitions A person commits an offense if the person introduces or causes 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 National, State, or local
pretreatment standards or requirements.
B. Specific Prohibitions A person commits an offense if the person introduces or causes 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 261.21;
(2) Wastewater having corrosive properties capable of causing damage or injury to
structures, equipment and/or personnel of the POTW, as per the specific prohibition in
the applicable local limits in Section 2.4 of this Ordinance. In no case shall wastewater
containing a pH less than 5.0 be discharged unless the works is specifically designated
to accommodate such discharges;
(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.
(4) Pollutants, including oxygen - demanding pollutants (BOD, etc.), released in a discharge
at a flow rate and/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, nonbiodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass through;
(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 Director of
Public Works and the Control Authority in accordance with Section 3.4 of this
ordinance,
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(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 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 Director of
Public Works and the Control Authority;
(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(14) Medical wastes, except as specifically authorized by the Director of Public Works
and /or the Control Authority in a wastewater discharge permit;
(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;
(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater than that
specified in the applicable local limits in Section 2.4;
(18) A discharge of water, normal domestic wastewater, or industrial waste that 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) Polychlorinated biphenyls,
(21) Garbage that is not 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;
(22) Wastewater or industrial waste generated or produced outside the City, the Director of
Public Works and the Control Authority have given written approval to the person
discharging the waste; or,
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(23) Without the approval of the Director of Public Works and the Control Authority, 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. 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.
2.2 National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N. Parts 405 -471 are
hereby adopted.
A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater, the Director of Public Works may impose
equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not
regulated by the same standard, the Director of Public Works shall impose an alternate limit
using the combined wastestream formula in 40 CFR 403.6(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 403.13, that factors relating
to its discharge are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR
403.15.
2.3 Reserved
2.4 Local Limits
The following pollutant limits are established to protect against pass through and interference. A
person commits an offense if the person shall discharge or cause or permit to be discharged, wastewater
containing in excess of the following maximum allowable discharge limits into the following system(s):
Toxic Pollutant
TRA Central
TRA Denton
Instantaneous
Creek
Max Limits (mg /1)
Instantaneous
Max Limits
(mg /1)
Arsenic
0.2
0.1
Barium
-
1.0
Cadmium
0.1
0.1
Chromium
2.9
1.0
Copper
2.3
1.5
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Cyanide
0.5
2.0
Lead
0.9
1.0
Manganese
-
1.5
Mercury
0.0004
0.0050
Molybdenum
0.2
-
Nickel
4.6
1.0
Selenium
0.1
0.05
Silver
0.8
0.1
Zinc
8.0
2.0
Oil & Grease
200.0
100.0
Hydrogen sulfide
-
0.1
Total Toxic Organics
2.13
1.0
pH
5.5 to 11.0
Standard Units
6.0 to 10.0
Standard Units
The above limits apply at the point where the wastewater is discharged to the POTW. All
concentrations for metallic substances are for "total" metal unless indicated otherwise. The Director of
Public Works may impose mass limitations in addition to, or in place of, the concentration -based
limitations above.
2.5 City's Right of Revision
The City reserves the right to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW than those provided herein.
2.6 Dilution
A. A person commits an offense if the person shall 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.
B. The Director of Public Works may impose mass limitations on users who are using dilution to
meet applicable pretreatment standards or requirements, or in other cases when the imposition of
mass limitations is appropriate.
2.7 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
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flow, shall be required to install pretreatment facilities to reduce its wastewater strength to an acceptable
level.
SECTION 3 - PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
A. A User shall provide wastewater treatment as necessary to comply with this ordinance and
shall achieve compliance with all categorical pretreatment standards, local limits, and the
prohibitions set out in Section 2.1 of this ordinance within the time limitations specified by
EPA, the State, the Control Authority, or the Director of Public Works, whichever is more
stringent.
B. 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 Director of Public Works for review, and shall be acceptable to the Director
of Public Works before such 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 ordinance.
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3.2 Additional Pretreatment Measures
A. Whenever deemed necessary, the Director of Public Works 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
ordinance.
B. The Director of Public Works 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.
C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Director of
Public Works, they are necessary for the proper handling of wastewater containing excessive
amounts of grease and oil, or sand, except that such interceptors shall not be required for
residential users. All interception units shall be of type and capacity approved by the Director
of Public Works 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
their expense.
D. 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 Director of Public Works.
3.3 Accidental Discharge /Slug Control Plans
At least once every two (2) years, the Director of Public Works shall evaluate whether each
permitted significant industrial user needs an accidental discharge /slug control plan. The Director of Public
Works may require any user to develop, submit for approval, and implement such a plan. An accidental
discharge /slug control plan shall include, at a minimum, the following:
A. Description of discharge practices, including nonroutine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Director of Public Works and Control Authority of
any accidental or slug discharge, as required by Section 6.6 of this ordinance, and
D. Procedures to prevent adverse impact from any accidental or 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.
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3.4 Hauled Wastewater
A. Septic waste may be introduced into the POTW only at locations designated by the Director
of Public Works and Control Authority, and at such times as are established by the Director of
Public Works and Control Authority. Such waste shall not violate Section 2 of this ordinance
or any other requirements established by the City. The Director of Public Works and/or
Control Authority may require septic tank waste haulers to obtain wastewater discharge
permits.
B. Septic waste haulers must provide a waste - tracking form for every load. This form
shall include, at a minimum:
(1) the name and address of the waste hauler;
(2) the permit number;
(3) truck identification;
(4) names and addresses of sources of waste;
(5) volume and characteristics of waste;
(6) the type of generator;
(7) known or suspected waste constituents; and
(8) whether any wastes are RCRA hazardous wastes.
SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION
4.1 Wastewater Analysis
When requested by the Director of Public Works, a user must submit information on the nature and
characteristics of its wastewater by the deadline stipulated. The Director of Public Works is authorized to
prepare a form for this purpose and may periodically require users to update this information.
4.2 Wastewater Discharge Permit Requirement
A. No significant industrial user shall discharge wastewater into the POTW without first
obtaining a wastewater discharge permit from the Director of Public Works, except that a
significant industrial user that has filed a timely application pursuant to Section 4.3 of this
ordinance may continue to discharge for the time period specified therein.
B. The Director of Public Works may require other users to obtain wastewater discharge permits
as necessary to carry out the purposes of this ordinance.
C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a
violation of this ordinance and subjects the wastewater discharge permittee to the sanctions
set out in Sections 09 through 12 of this ordinance. Obtaining a wastewater discharge permit
does not relieve a permittee of its obligation to comply with all Federal and State pretreatment
standards or requirements with any other requirements of Federal, State, and local law.
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4.3 Wastewater Discharge Permitting: Existing Connections
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the
POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the
future, shall apply to the Director of Public Works for a wastewater discharge permit in accordance with
Section 4.5 of this ordinance, and shall not cause or allow discharges to the POTW to continue after ninety
(90) days of the effective date of this ordinance except in accordance with a wastewater discharge permit
issued by the Director of Public Works. If, in the Director of Public Work's judgment, the adoption of the
Ordinance does not significantly affect the Industrial User's current permit, then the existing permit will
continue through to the expiration date.
4.4 Wastewater Discharge Permitting: New Connections
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence
discharging into the POTW must obtain such permit prior to the beginning or recommencing of such
discharge. In accordance with Section 4.5 of this ordinance, an application for this must be filed prior to
the date upon which any discharge will begin or recommence.
4.5 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit a permit application. The
Director of Public Works may require all users to submit as part of an application the following
information:
A. All information required by Section 6.1(B) of this ordinance;
B. A 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. The 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. The type and amount of raw materials processed (average and maxim 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;
G. The time and duration of discharges; and
H. Any other information as may be deemed necessary by the Director of Public Works to
evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
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4.6 Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by an authorized
representative of the user and 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."
4.7 Wastewater Discharge Permit Decisions
The Director of Public Works will evaluate the data furnished by the user and may require additional
information. Within sixty (60) days of receipt of a complete wastewater discharge permit application, the
Director of Public Works will determine whether or not to issue a wastewater discharge permit. The
Director of Public Works may deny any application for a wastewater discharge permit which does not meet
the requirements of this Ordinance, or which the Director determines, will not meet the requirements of
federal, state and local law. An applicant may appeal a denial to the City Manager. By filing an appeal in
writing, stating the reasons for the appeal. The appeal must be filed within 10 days after the denial of the
permit, and the decision of the City Manager shall be final.
SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE
PROCESS
5.1 Wastewater Discharge 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 Director of Public Works. Each wastewater discharge permit
shall indicate a specific date upon which it will expire.
5.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by
the Director of Public Works 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.
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A. A wastewater discharge permits shall 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 5.5 of this ordinance, and provisions
for furnishing the new owner or operator with a copy of the existing wastewater
discharge permit;
(3) Effluent limits based on applicable pretreatment standards,
(4) Self monitoring, sampling, reporting, notification, and record - keeping requirements.
These requirements shall include an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type based on Federal, State, and
local law; and
(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.
B. Wastewater discharge permits may contain, but are not 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; and
(8) Other conditions as deemed appropriate by the Director of Public Works to ensure
compliance with this ordinance, and State and Federal laws, rules, and regulations.
5.3 Reserved.
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5.4 Wastewater Discharge Permit Modification
The Director of Public Works 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 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 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
403.13,
H. To correct typographical or other errors in the wastewater discharge permit, or
L To reflect a transfer of the facility ownership or operation to a new owner or operator.
�.� Wastewater Discharge Permit Transfer
A. A Wastewater discharge permit may be transferred to a new owner or operator only if the
permittee gives advance notice to the Director of Public Works and the Director of Public
Works approves the wastewater discharge permit transfer. The notice to the Director of
Public Works 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
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.
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5.6 Wastewater Discharge Permit Revocation
The Director of Public Works may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
A. Failure to notify the Director of Public Works of significant changes to the wastewater prior
to the changed discharge;
B. Failure to provide prior notification to the Director of Public Works of changed conditions
pursuant to Section 6.5 of this ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application,
D. Falsifying self - monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the Director of Public Works timely access to the facility premises and
records;
G. Failure to meet effluent limitations,
H. Failure to pay fines;
L Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application,
L. Failure to provide advance notice of the transfer of business ownership of a permitted facility;
or
M. Violation of any pretreatment standard or requirement, or any terms of the wastewater
discharge permit or this ordinance.
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.
5.7 Wastewater Discharge 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 4.5 of this ordinance, at
least 90 days prior to the expiration of the user's existing wastewater discharge permit.
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SECTION 6 - REPORTING REQUIREMENTS
6.1 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 403.6(a)(4), whichever is later, existing categorical users currently discharging to or
scheduled to discharge to the POTW shall submit to the Director of Public Works a report
which contains the information listed in paragraph B, below.
B. 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 Director of Public Works 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.
C. Users described in subsection A and B above, shall submit the following information set forth
below:
(1) Identifying 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 of the operation(s) carried out by such 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 403.6(e).
(5) Measurement of Pollutants
(a) A description of the categorical pretreatment standards applicable to each
regulated process.
(b) The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the Director of Public Works, of
regulated pollutants in the discharge from each regulated process. Instantaneous,
daily maximum, and long -term average concentrations, or mass, where required,
shall be reported. The sample shall be representative of daily operations and shall
be analyzed in accordance with procedures set out in Section 6.10 of this
ordinance.
(c) Sampling must be performed in accordance with procedures set out in Section 6.11
of this ordinance.
(6) Certification A statement, reviewed by the user's authorized representative and
certified by a qualified professional (qualification shall be determined by the Director
of Public Works based on required and proven education and experience), indicating
whether pretreatment standards are being met on a consistent basis, and, if not, whether
28
additional operation and maintenance (O &M) and/or additional pretreatment is 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 such
additional pretreatment and/or O &M. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment standard. A
compliance schedule submitted pursuant to this section must meet the requirements set
out in Section 6.2 of this ordinance.
(8) Signature and Certification All baseline monitoring reports must be signed and
certified in accordance with Section 4.6 of this ordinance.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section 6.1(13)(7) of
this ordinance:
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 Director of Public Works no later than fourteen
(14) days following each date in the schedule and the final date of compliance including, as a
minimum, whether or not 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 such progress reports to the
Director of Public Works.
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source following commencement of the introduction of
wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit
to the Director of Public Works a report containing the information described in Section 6.1(13)(4 -6) of this
ordinance. For users subject to equivalent mass or concentration limits established in accordance with the
procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long -term
production rate. 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 4.6 of this ordinance.
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6.4 Periodic Compliance Reports
A. All significant industrial users shall, at a frequency determined by the Director of Public
Works 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. All
periodic compliance reports must be signed and certified in accordance with Section 4.6 of
this ordinance.
B. 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.
C. If a user subject to the reporting requirement in this section monitors any pollutant more
frequently than required by the Director of Public Works, using the procedures prescribed in
Section 6.10 and 6.11 of this ordinance, the results of this monitoring shall be included in the
report.
6.5 Reports of Changed Conditions
Each user must notify the Director of Public Works of any planned significant changes to the user's
operations or system which might alter the nature, quality, or volume of its wastewater before the change is
made.
A. The Director of Public Works may require the user to submit such information he deems
necessary to evaluate the changed condition, including the submission of a wastewater
discharge permit application under Section 4.5 of this ordinance.
B. The Director of Public Works may issue a wastewater discharge permit under Section 4.7 of
this ordinance or modify an existing wastewater discharge permit under Section 5.4 of this
ordinance in response to changed conditions or anticipated changed conditions.
C. For purposes of this section, significant changes include, but are not limited to, flow increases
of twenty percent 20% or greater, and the discharge of any previously unreported pollutants
that are determined to be of concern.
6.6 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of
a nonroutine, episodic nature, a noncustomary 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 such discharge, unless waived by the Director of Public
Works, the user shall 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
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person or property; nor shall such notification relieve the user of any fines, penalties, or other
liability which may be imposed pursuant to this ordinance.
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.
6.7 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to
the Director of Public Works as the Director of Public Works may require.
6.8 Notice of Violation /Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the Director of Public
Works 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 Director of Public Works within
thirty (30) days after becoming aware of the violation. The user is not required to resample if the Director
of Public Works performs monitoring at the user's facility at least once a month, or if the Director of Public
Works samples between the user's initial sampling and when the user receives the results of this sampling.
6.9 Notification of the Discharge of Hazardous Waste
A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA
Regional Waste Management Division Director, and State hazardous waste authorities, in
writing, of any discharge into the POTW of a substance which, if otherwise disposed of,
would be a hazardous waste under 40 CFR Part 261. Such notification must include:
(1) the name of the hazardous waste as set forth in 40 CFR Part 261
(2) the EPA hazardous waste number;
(3) and the type of discharge (continuous, batch, or other); and
(4) If the user discharges more than one hundred (100) kilograms of such waste per
calendar month to the POTW, 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.
B. All notifications must take place no later than one hundred and eighty (180) days after the
discharge commences and need be submitted only once for each hazardous waste discharged.
However, notifications of changed conditions must be submitted under Section 6.5 of this
ordinance. 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 6.1, 6.3, and 6.4 of this ordinance.
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C. Dischargers are exempt from the requirements of subsections A and B, 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 261.30(d) and 261.33(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 261.30(d) and
261.33(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 Director of Public Works, the POTW, the EPA Regional Waste
Management Waste Division Director, and State hazardous waste authorities of the discharge
of such 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 ordinance, a permit issued thereunder, or any applicable Federal or State
law.
6.10 Analytical Requirements
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 Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR
Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved by EPA.
6.11 Sample Collection
A. Except as indicated in Section B, below, the user must collect wastewater samples using flow
proportional composite collection techniques. In the event flow proportional sampling is
infeasible, the Director of Public Works and/or Control Authority may authorize the use of
time proportional sampling or a minimum of four (4) grab samples where the user
demonstrates that this will provide a representative sample of the effluent being discharged.
In addition, grab samples may be used to show compliance with instantaneous discharge
limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic
compounds must be obtained using grab collection techniques.
6.12 Timing
Written reports will be deemed to have been submitted on the date postmarked. For reports which
are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of
receipt of the report shall govern.
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6.13 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities required
by this ordinance and any additional records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements. Records shall include the date, exact place,
method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used; and the results of such
analyses. These records shall remain available for a period of at least three (3) years. This period shall be
automatically extended for the duration of any litigation concerning the user or the City, or where the user
has been specifically notified of a longer retention period by the Director of Public Works and/or Control
Authority.
SECTION 7 - COMPLIANCE MONITORING
7.1 Right of Entry: Inspection and Sampling
The Director of Public Works and/or the Control Authority, TCEQ, or USEPA or their designated
representative shall have the right to enter the premises of any user to determine whether the user is
complying with all requirements of this ordinance and any wastewater discharge permit or order issued
hereunder. Users shall allow inspecting or sampling person 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.
A. 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, the City, Control Authority, TCEQ
or USEPA will be permitted to enter without delay for the purposes of performing specific
responsibilities.
B. The Director of Public Works and/or Control Authority 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/or metering of the user's operations. All sampling and analysis performed by the Director
of Public Works and/or Control Authority to monitor compliance shall be at the expense of
the industrial user.
C. The Director of Public Works and/or Control Authority may require the user to install
monitoring equipment as necessary. The facility's sampling and monitoring equipment shall
be maintained at all 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.
D. 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
Director of Public Works and/or Control Authority and shall not be replaced. The costs of
clearing such access shall be born by the user.
E. Unreasonable delays in allowing the inspecting or sampling person access to the user's premises
shall be a violation of this ordinance.
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F. In accordance with 40 CFR 403, the City shall inspect and monitor each permitted Industrial
User a minimum of once per year. If the City elects to perform compliance monitoring for the
industry then the City will monitor the industry a minimum of semi annually.
7.2 Search Warrants
If the Director of Public Works and/or Control Authority has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there
may be a violation of this ordinance, or that there is a need to inspect and /or sample as part of a routine
inspection and sampling program of the City designed to verify compliance with this ordinance or any
permit or order issued hereunder, or to protect the overall public health, safety and welfare of the
community, then the Director of Public Works and/or Control Authority may seek issuance of a search
warrant from the appropriate court.
SECTION 8 - 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, unless the user specifically requests, and is able to demonstrate to
the satisfaction of the City and/or Control Authority, that the release of such 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 such information should be held
confidential, the portions of a report which might disclose trade secrets or secret processes shall not be
made available for inspection by the public, but shall be made available immediately upon request to
governmental agencies for uses related to the NPDES program or pretreatment program, and in
enforcement proceedings involving the person or user furnishing the report. Wastewater constituents and
characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Director of Public Works shall publish annually, in the largest daily newspaper published in the
municipality where the POTW is located, a list of the users which, during the previous twelve (12) months,
were in significant noncompliance with applicable pretreatment standards and requirements. The term
significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty -six
percent (66 %) or more of wastewater measurements taken during a six- (6 -) month period
exceed the daily maximum limit or average limit for the same pollutant parameter by any
amount,
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B. 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 daily maximum limit or the
average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except Ph);
C. Any other discharge violation that the Director of Public Works and/or Control Authority
believes has caused, alone or in combination with other discharges, interference or pass
through, including endangering the health of POTW personnel or the general public,
D. Any discharge of pollutants that has caused imminent endangerment to the public or to the
environment, or has resulted in Director of Public Works or Control Authority's exercise of its
emergency authority to halt or prevent such a discharge,
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
F. Failure to provide within thirty (30) 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;
G. Failure to accurately report noncompliance; or
H. Any other violation(s) which the Director of Public Works determines will adversely affect
the operation or implementation of the local pretreatment program.
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation
A. When the Director of Public Works finds that a user has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, the Director of Public Works may serve upon that
user a written Notice of Violation. The notice shall specify the time frame usually, ten (10)
days, for the user to submit an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions, to the Director of Public
Works.
B. 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 Director of Public Works to take any action, including emergency actions or any other
enforcement action, without first issuing a Notice of Violation.
10.2 Reserved
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10.3 Show Cause Hearing
The Director of Public Works may order a user which has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the Director of Public Works 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.
10.4 Compliance Orders
A. When the Director of Public Works finds that a user has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, the Director of Public Works may issue an order to
the user responsible for the discharge directing that the user come into compliance within a
specified time.
B. If the user does not come into compliance within the time provided, the City may discontinue
sewer service unless the user installs and operates adequate treatment facilities, devices, or other
related appurtenances.
C. 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.
D. 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.
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10.5 Cease and Desist Orders
When the Director of Public Works finds that a user has violated, or continues to violate, any
provision of this ordinance, 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 Director of
Public Works may issue an order to the user directing it to cease and desist all such violations and directing
the user to:
A. Immediately comply with all requirements, and
B. Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting operations and/or terminating the
discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action
against the user.
10.6 Reserved
10.7 Emergency Suspensions
The Director of Public Works 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 Director of Public Works 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.
A. 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 Director of Public Works 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 Director of Public
Works may allow the user to recommence its discharge when the user has demonstrated to the
satisfaction of the Director of Public Works that the period of endangerment has passed,
unless the termination proceedings in Section 10.8 of this ordinance are initiated against the
user.
B. 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 Director of
Public Works prior to the date of any show cause or termination hearing under Sections 10.3
or 10.8 of this ordinance.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under
this section.
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10.8 Termination of Discharge
A. In addition to the provisions in Section 5.6 of this ordinance, 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 Section 2 of this ordinance.
B. The City shall notify the user of the proposed termination of its discharge and offer him an
opportunity to show cause under Section 10.3 of this ordinance why the proposed action
should not be taken. Exercise of this option by the Director of Public Works shall not be a bar
to, or a prerequisite for, taking any other action against the user.
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
When the Director of Public Works finds that a user has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Director of Public Works may petition a district court through the
City's Attorney for the issuance of a 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 ordinance on activities of the user. The Director of Public Works 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.
11.2 Civil Penalties
A. A user who has violated, or continues to violate, any provision of this ordinance, 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
($1,000.00) 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.
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B. The City 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.
C. 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.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other
action against a user.
11.3 Criminal Prosecution
A. A user who violates any provision of this ordinance, 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
($2,000.00) per violation, per day.
B. A user who 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 11.3.A. of this Ordinance. This penalty shall be in addition to any
other cause of action for personal injury or property damage available under State law.
C. 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 ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies,
tampers with, or renders inaccurate any monitoring device or method required under this
ordinance shall, upon conviction, be subject to the same penalties described in 11.3.A. of this
Ordinance.
D. CRIMINAL RESPONSIBILITY. A culpable mental state is not required to prove an offense
under this Ordinance. A person is criminally responsible for a violation of this Ordinance if:
(1) the person commits or assists in the commission of a violation, or causes or permits
another person to commit a violation; or
(2) the person owns or manages the property or facilities determined to be the cause of the
illegal discharge under Section 2.1, 2.2, 2.4, 3.4, or 4.2.
11.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The Director of Public Works 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 Director of Public Works may take other action against any user when the circumstances
warrant. Further, the Director of Public Works is empowered to take more than one enforcement action
against any noncompliant user.
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11.5 Applicability of More Stringent Regulations
A. 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 Ordinance.
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 Ordinance, 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 Director of Public Works is authorized to issue a discharge permit to an industrial
user affected by Subsection (1), to insure notice of and compliance with the more
stringent discharge limits. If the industrial user already has a discharge permit, the
Director of Public Works may amend the permit to apply and enforce the more
stringent discharge limits. An industrial user shall submit to the Director of Public
Works an expected compliance date and an installation schedule if the more stringent
discharge limits necessitate technological or mechanical adjustments to discharge
facilities or plant processes.
(3) If the Director of Public Works chooses not to issue or amend a permit under
Subsection (2), the Director of Public Works 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
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States Environmental Protection Agency. The Director of Public Works shall take the
appropriate action to notify the affected industrial user of an occurrence under this
Subsection (4).
C. Variances in compliance dates. The Director of Public Works may grant a variance in
compliance dates to an industry when, in Director of Public Works's opinion, such action is
necessary to achieve pretreatment or corrective measures. In no case shall the Director of
Public Works 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 to regulate. The Director of Public Works may establish regulations, not in conflict
with this Ordinance other laws, to control the disposal and discharge of industrial waste into
the wastewater system and to insure 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 Director of Public
Works.
SECTION 12 - RESERVED
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 In an action brought in federal court only:
Upset Provision
A. An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical pretreatment standards if the requirements of paragraph (B), below, are met.
B. A user who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset:
(2) The facility was at the time being operated in a prudent and workman-like manner and
in compliance with applicable operation and maintenance procedures, and
(3) The user has submitted the following information to the Director of Public Works
within twenty -four (24) hours of becoming aware of the upset, if this information is
provided orally, a written submission must be provided within five (5) days:
(a) A description of the indirect discharge and cause of noncompliance,
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(b) The period of noncompliance, including exact dates and times or, if not corrected,
the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce. eliminate, and prevent recurrence of
the noncompliance.
C. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall
have the burden of proof.
D. A users shall have the opportunity for a judicial determination on any claim of upset only in
an enforcement action brought for noncompliance with categorical pretreatment standards.
FE. A users shall control production of all discharges to the extent necessary to maintain
compliance with categorical pretreatment standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
13.2 Act of God Provision.
In an action brought in municipal or state court only:
A. An event that would otherwise be a violation that is caused solely by an act of God, war,
strike, riot, or other catastrophe is an affirmative defense to prosecution for a violation of this
Ordinance.
B. In any 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.
C. In the event that a user satisfies the conditions set forth in Subsections A. and B. above, the
user shall control production of all discharges to the extent necessary to maintain compliance
with pretreatment standards upon reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided.
13.3 Bypass
A. For the purposes of this section:
(1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
(2) "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.
B. 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 paragraphs (C) and (D) of this
section.
C. (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
Director of Public Works, at least ten (10) days before the date of the bypass, if
possible.
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(2) A user shall submit oral notice to the Director of Public Works 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 reoccurrence of the bypass. The Director of Public
Works may waive the written report on a case -by -case basis if the oral report has been
received within twenty -four (24) hours.
D. (1) Bypass is prohibited, and the Director of Public Works may take an enforcement action
against a user for a bypass, unless the:
(a) bypass was unavoidable to prevent loss of life, bodily injury, or severe property
damage;
(b) 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 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
(c) the user submitted notices as required under paragraph (C) of this section.
(2) The Director of Public Works may approve an anticipated bypass, after considering its
adverse effects, if the Director of Public Works determines that it will meet the three
conditions listed in paragraph (D)(1) of this section.
SECTION 14 - WASTEWATER TREATMENT RATES
[RESERVED]
SECTION 15 - MISCELLANEOUS PROVISIONS
15.1 Pretreatment Charges and Fees
A. The City may adopt reasonable fees for reimbursement of costs of setting up and operating the
City's Pretreatment Program which may include fees for:
1. wastewater discharge permit applications including the cost of processing such
applications;
2. monitoring, inspection, and surveillance procedures including the cost of collection and
analyzing a user's discharge, and reviewing monitoring reports submitted by users;
3. reviewing and responding to accidental discharge procedures and construction;
4. filing appeals;
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for treating abnormal strength wastes:
Fees incurred from an upset, bypass or unauthorized discharge; and
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 ordinance and are
separate from all other fees, fines, and penalties chargeable by the City.
B. Surcharge
The City may surcharge industrial users for the treating 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 subject to the review and
approval of the Director of Public Works. Where the Director of Public Works has approved
the admission of (1) or (2) above into the POTW, that discharge may be subject to a surcharge
as determined by the Director of Public Works. In no case shall a discharge be accepted that
will prevent the POTW from meeting it's limits.
The surcharge will be assessed according to the following formula each month using the most
current pollutant concentration data and the current months' 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
liter
y = normal limits of TSS in domestic wastewater expressed in milligrams per
a = unit cost of treatment per pound of BOD
b = unit cost of treatment per pound of TSS
BOD = measured amount of BOD, in mg/1
TSS = measured amount of TSS, in mg/1
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
ordinance. Exercise of this provision shall not be a bar to, or a prerequisite for, taking any
other action against the user.
15.2 Severability
If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining
provisions shall not be affected and shall continue in full force and effect.
SECTION 16 - EFFECTIVE DATE
This ordinance shall be in full force and effect immediately following its passage, approval, and
publication, as provided by law.
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SECTION 17 - CUMULATIVE AND REPEALING CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas,
except when the provisions of this ordinance are in direct conflict with the provisions of other ordinances,
in which case the conflicting provisions of the other ordinances are hereby repealed.
SECTION 18 - SAVINGS CLAUSE
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of
the provisions of any ordinances that are amended by this ordinance, or any other ordinances relating to
industrial wastewater, 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.
SECTION - PUBLICATION
The City Secretary of the City of Southlake is hereby directed to publish this ordinance, or its
caption and penalty clause, as required by Section 3.13 of the Charter of the City of Southlake.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 2003.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2003.
MAYOR
ATTEST:
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CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Date:
ADOPTED:
EFFECTIVE:
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Central Regional Wastewater Treatment Plant — Location Map
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