HomeMy Public PortalAboutOrdinance No. 498-83 10-17-1983 ORDINANCE NO. 49~
AN ORDINANCE AMENDING THE ORDINANCES OF THE CITY OF
RICHLAND HILLS, AS AMENDED, REQUIRING PERMITS TO
DISCHARGE INDUSTRIAL WASTE INTO THE RICHLAND HILLS
SANITARY SEWER SYSTEM; AUTHORIZING THE DIRECTOR OF THE
RICHLAND HILLS WATER DEPARTMENT TO PROMULGATE REGULATIONS
PERTAINING TO SUCH PERMITTING, PROVIDING FOR DEFINITIONS,
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF
ORDINANCES OF THE CITY OF RICHLAND HILLS IN CONFLICT
HEREWITH; PROVIDING A SAVINGS .CLAUSE; PROVIDING A
PENALTY; ENGROSSING AND ENROLLING THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND
HILLS, TEXAS:
SECTION I.
That the Code of Ordinances of the City of Richland Hills,
Texas, as amended, be and the same is hereby amended to add a new
• ordinance concerning the discharge of industrial wastes into the
sanitary sewer system which shall read as follows:
"Sec. A. Regulations governing industrial wastes.
1. DEFINITIONS
When used in this section, these terms shall be defined as
follows:
"Abnormal Sewage: Any industrial wastewater having suspended
solids or B.O.D. content which is, in the judgment of the
Director, significantly in excess of that found in normal
sewage, but which is otherwise acceptable into a POTW under
the terms of this Ordinance.
"Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
"Authority: The City of Fort Worth, Texas.
"B.O.D." The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory
procedure as specified in 'Standard Methods' in five days at
twenty (20) degrees Centigrade expressed as parts per million
• by weight (milligram per litre).
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• "Categorical Pretreatment Standards: National Pretreatment
Standards which are established from time to time by EPA which
specify quantities or concentrations of pollutants or
pollutant properties which may be discharged or introduced
into a POTW by specific Industrial Dischargers.
"City: City of Richland Hills, Texas.
"Composite Sample: A sample of the wastewater discharged to
the collection system by a user and composed of a series of
not less than three samples taken during the periods when
industrial wastes are being discharged. The period of time
over which the samples are collected for compositing into a
single sample shall not exceed twenty-four hours. The series
of samples may be collected on a time-proportional or
flow-proportional basis.
"Cooling Water: The water discharged from any system of
condensation such as air conditioning, cooling, refrigeration
or water used as a coolant in cooling towers where the only
pollutant is thermal.
"Director: The Director of the Water Department of the City
of Richland Hills, or his authorized representative.
• "Discharger: Any non-residential user who discharges an
effluent into a POTW by means of pipes, conduits, pumping
stations, force mains, constructed drainage ditches, surface
water intercepting ditches, intercepting ditches, and all
constructed devices and appliances appurtenant thereto.
Includes owners and/or occupants of such premises.
"Grab Sample: A single sample of effluent flow taken at any
time .
"Garbage: Solid waste from domestic or commercial
preparation, cooking or dispensing of food or from the
handling, storage, and sale of produce.
"Indirect Discharge: The discharge or the introduction of
nondomestic pollutants from a source regulated under Section
307(b) or (c) of the Act, into a POTW.
"Industrial Waste: Solid, liquid or gaseous waste resulting
from any industrial, manufacturing, trade, or business process
or from the development, recovery or processing of natural
resources.
"Interference: The inhibition or disruption of a POTW's sewer
system, treatment processes or operations which contributes to
• a violation of any requirement of its NPDES permit.
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• "Maximum Daily Average: The maximum concentration of a
substance allowed in a discharge as determined from a
laboratory test of a daily composite sample.
"Maximum Grab: The maximum concentration of a substance
allowed in a discharge as determined from a laboratory test of
a grab sample.
"mg/1: Milligram per litre.
"Normal Sewage: Sewage which, when analyzed, shows by weight
a daily average of not more than 240 mg/1 of suspended solids
and not more than 210 mg/1 of B.O.D. and which is otherwise
acceptable into a POTW under the terms of this Code.
"NPDES: National Pollutant Discharge Elimination System-
permit program of the Environmental Protection Agency.
"O and M: Operation and Maintenance.
"Other Wastes: Decayed wood, sawdust, shavings, bark, lime,
refuse, ashes, garbage, offal, oil, tar, chemicals and all
other substances except sewage and industrial wastes.
"Owner or Occupant: The person, firm, or public or private
• corporation, using the lot, parcel of land, building or
premises connected to and discharging sewage, industrial
wastewater or liquid, into the sanitary sewage system of the
City, and who pays, or is legally responsible for the payment
of, water rates or charges made against the said lot, parcel
of land, building or premises, if connected to the water
distribution system of the City of Richland Hills, or who
would pay or be legally responsible for such payment if so
connected.
"Pass Through. The discharge of pollutants through the POTW
into navigable waters in quantities or concentrations which
are a cause or significantly contribute to a violation of any
requirement of the POTW's NPDES permit.
"Person: Any individual, business entity, partnership,
corporation, governmental agency or political subdivision.
"Permit: Wastewater Discharge Permit, issued to non-domestic
dischargers of industrial waste into the sanitary sewage
system of the POTW.
"pH: The logarithm of the reciprocal of the weight of
hydrogen ions, in grams per litre of solution, measured and
calculated in accordance with 'Standard Methods'.
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• "POTW: Publicly Owned Treatment Works Any sewage treatment
plant and the sewers, watercourses and appurtenances thereto,
owned and operated by a public utility or municipal corpora-
tion.
"Pretreatment Standards: Categorical Pretreatment Standards.
"Sanitary Sewer: A publicly owned pipe or conduit designed to
collect and transport industrial waste and domestic sewage to
the POTW.
"Sewage: Water-carried human wastes or a combination of
water-carried wastes from residences, business buildings,
institutions and industrial establishments, together with such
ground, surface, storm or other waters as may be present.
"Shall: Is mandatory.
"Slugload: Any substance released in a discharge at a rate
and/or concentration which causes interference to a POTW.
"Standard Methods: 'Standard Methods for the Examination of
Water and Wastewater', a publication prepared and published
jointly by the American Public Health Association, American
Waterworks Association and the Water Pollution Control
Federation, as it may be amended from time to time.
• "Suspended Solids: Solids that either float on the surface
of, or in suspension in, water, sewage or other liquid and
which are removable by laboratory filtering.
"Unpolluted Water or Wastes: Any water or liquid waste
containing none of the following: Phenols or other substances
to an extent imparting taste and odor in receiving waters;
toxic or poisonous substances in suspension colloidal state or
solution; noxious or ororous gases; not more than ten thousand
(10,000 parts per million, by weight, of dissolved solids, of
which not more than twenty-five hundred (2500) parts per
million are chloride; not more than ten (10) parts per million
each of suspended solids and B.O.D.; color not exceeding fifty
(50) color units, nor a pH value of less than 5.0 nor higher
than 11.0; and/or any water or waste approved for discharge
into a stream or waterway by the appropriate state authority.
"Upset: An exceptional incident in which a Discharger
unintentionally and temporarily is in a state of noncompliance
with the standards established in this ordinance, due to
factors beyond the reasonable control of the Discharger, and
excluding noncompliance to the extent caused by operat Tonal
error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or
• careless or improper operation thereof.
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"Wastewater: Industrial waste, sewage or any other waste that
has been used by and discharged from an industry, commercial
enterprise, household or other water consumer, including that
which may be combined with any ground water, surface water or
storm water, that may be discharged to the POTW. Said water
may be either polluted or unpolluted.
"2. PURPOSE AND POLICY
This Ordinance provides for prohibitions on discharges of
certain substances into the public sewer system of the City from
all sources, domestic, commercial, or industrial. A further
purpose of this Ordinance is to set forth uniform requirements for
Industrial Dischargers into the POTW Authority Wastewater Collec-
tion and Treatment Systems, and to enable the Authority to protect
the public health in conformity with all applicable state and
federal laws relating thereto. Parts of this Ordinance are enacted
. pursuant to regulations established by the U. S. Environmental
Protection Agency (EPA) as set forth in 46 FR 9404-9460. Many of
the terms hereinabove defined correspond to the terminology
employed in the EPA Regulations.
All categorical pretreatment standards, lists of Toxic Pollu-
tants, Industrial Categories and other standards and categories
which have been or which will be promulgated by the EPA shall be
incorporated as a part of this ordinance, as will EPA Regulations
regarding Sewage Pretreatment established pursuant to the Clean
Water Act, and amendment of this ordinance to incorporate such
changes shall not be necessary. The City shall maintain current
Standards and Regulations which shall be available for inspection
and copying.
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• The objectives of this Ordinance are:
(a) To prevent the introduction of pollutants into the
Authority's wastewater system which will interfere with the
normal operations of the system or contaminate the resulting
sludge;
(b) To prevent the introduction of pollutants into the
Authority's wastewater system which do not receive adequate
treatment in the POTW, and which will pass through the system
into receiving waters or the atmosphere or which are otherwise
incompatible with the system.
(c) To improve the opportunity to recycle or reclaim the
wastewater and to dispose of, recycle or reclaim the sludge
generated by the POTW.
The regulation of discharges into the Authority's
wastewater system under this Ordinance shall be accomplished
through the issuance of permits, as specified in Section 5
herein, and by monitoring and inspection of facilities,
according to this Ordinance.
The Director shall have the authority to promulgate such
administrative regulations as are from time to time necessary
for the enforcement of this ordinance.
"3. PROHIBITED DISCHARGES
(a) It shall be unlawful for any person to discharge or cause
to be discharged any polluted water or corrosive waste into
any storm drain or watercourse within the City.
(b) No person shall discharge or cause to be discharged any
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• storm water, ground water, roof runoff, subsurface drainage or
drainage from downspouts, yard drains, yard fountains and
ponds, or lawn sprays into any sanitary sewer. Water from
swimming pools, unpolluted industrial water, or cooling water
from various equipment shall not be discharged into sanitary
sewers if an alternate acceptable means of disposal is
available. If an alternate acceptable means of disposal is
not available, such water may be discharged into the sanitary
sewer by indirect connection whereby such discharge is cooled,
if required, and flows into the sanitary sewer at a rate
approved by the Director provided that the waste does not
contain materials or substnces in suspension or solution in
violation of the limits prescribed by this Code.
• (c) No person shall contribute or cause to be discharged,
directly or indirectly, into any public sanitary sewer any of
the following described substances, materials, waters or waste:
(1) Any liquid or vapor having a temperature higher than
one hundred fifty (150) degrees Fahrenheit (65 degrees
Centigrade).
(2) Any water or waste which contains wax, grease, oil,
plastic or other substance that will solidify or become
discernibly viscous at temperatures between thirty-two
(32) degrees to one hundred fifty (150) degrees
Fahrenheit, thereby contributing to the clogging,
plugging or otherwise restricting the flow of wastewater
through the collection system.
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• (3) Flammable or explosive liquid, solid or gas, such
as, but not limited to, gasoline, kerosene, benzene,
naptha, etc., which by reason of its nature or quantity
may be sufficient, either alone or by interaction to
cause fire or explosion or may be injurious in any other
way to the operation of the POTW.
(4) Solid or viscous substances in quantities capable of
causing obstruction in the flow in sewers or other
interference with proper operation of the POTW, such as,
but not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics,
wood, whole blood, pauch manure, hair and fleshlings,
entrails, lime slurry, lime residues, slops, chemical
• residues, paint residues, or bulk solids.
(5) Any garbage that has not been properly comminuted or
shredded to such a degree that all particles will be
carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater
than one-half (1/2) inch in any dimension.
(6) Any noxious or malodorous substances which can form
a gas which, either singly or by interaction with other
wastes, is capable of causing objectionable odors or
hazards to life or form solids in concentrations
exceeding limits established in this Ordinance, or
creates any other condition deleterious to structures or
treatment processes, or requires unusual provisions,
• attentions or expense to handle such material.
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(7) Any noxious or malodorous liquids, gases, or solids
which either singly or by interaction are capable of
creating a public nuisance or hazard to life or which may
prevent entry into the sewers for their maintenance and
repair.
(8) Any substance which may cause the POTW's effluent or
treatment residues, sludge, or scums, to be unsuitable
for reclamation and reuse or to interfere with the
reclamation process. In no case, shall a substance
discharged to the POTW cause the POTW to be in
noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of
the Act or any criteria, guidelines, or regulations
. affecting sludge use or disposal developed pursuant to
the Solid Waste Disposal Act, the Clean Air Act, the
Toxic Substances Control Act, or State standards
applicable to the sludge management method being used.
(9) Any substance which will cause the POTW to violate
its NPDES and/or other disposal System Permits.
(10) Any substance with objectionable color not removed
in the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions.
(11) Any slugload, which shall mean any pollutant,
including oxygen demanding pollutants (B.O.D., etc.),
released in a single extraordinary discharge episode of
such volume or strength as to cause interference to the
• POTW.
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(12) Any wastewater which causes a hazard to human life
or creates a public nuisance.
(d) No person shall contribute or cause to be discharged,
directly or indirectly, into any sanitary sewer any of the
following in excess of the concentrations prescribed herein:
(1) Free or emulsified oil and grease exceeding 100 mg/1
of either or both, or combinations thereof. The
authority may allow wastewater discharges containing free
or emulsified oil and grease up to 200 mg/1 providing the
authority can determine that the oil and grease: a)
derives from animal or vegetable materials, b) biodegrades
readily in the POTW, and c) does not cause an obstruction
of flow in the sewer line.
• (2) Acids or alkalides capable of causing damage to
sewage disposal structures or personnel or having a pH
value lower than 5.0 or higher than 11.0.
(3) Salts of a heavy metal in solution or suspension,
and organics, in concentrations exceeding the following:
Maximum Maximum
Daily Average (mg/1) Grab (mg/1)
Chromium as Cr 5.0 15.0
Copper as Cu 3.0 9.0
Zinc as Zn 5.0 15.0
Nickel as Ni 2.0 6.0
Cadmium 0.3 0.9
Arsenic 0.1 0.3
Barium 2.0 6.0
Boron 1.0 3.0
Lead 3.0 9.0
Manganese 5.0 15.0
Mercury 0.01 0.03
Selenium 0.05 0.15
. Silver 0.5 1.5
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• or elements which will damage collection facilities or
are detrimental to treatment processes.
(4) Cyanide of cyanogen (as Cn) compounds in excess of
2.0 parts per million by weight.
(5) Any water or waste that contains more than ten (10)
parts per million of the following gases: Hydrogen
sulfide, sulphur dioxide or nitrous oxide.
(6) Any wastewater containing any radioactive wastes or
isotopes of such halflife or concentration as exceed
limits established by the City in compliance with
applicable State or Federal regulations.
(7) Any wastewater containing toxic pollutants in
sufficient quantity, either singly or by interaction to
• injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, or to
exceed the limitation set forth in the National
Categorical Pretreatment Standards List of Toxic
Pollutants, set forth in the Code of Federal Regulations,
40 CFR, Part 403, Appendix B, which List, and all
amendments to such list as may be made from time to time,
are made a part of this Ordinance.
(8) Any wastewater having a temperature which will
inhibit biological activity in a POTW treatment plant
resulting in interference; but in no case, wastewater
with a temperature which exceeds 40 degrees C (104
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• degrees F) at the time of introduction into a POTW
treatment plant.
"4. SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGES
(a) Compliance With Standards
(1) State requirements and limitations on discharges to
the Authority's POTW shall be met by all Dischargers
which are subject to such standards in any instance in
which they are more stringent than federal requirements
and limitations or those in this or any other applicable
ordinance.
(2) No Discharger shall increase the use of potable or
process water in any way, for the purpose of diluting a
discharge as a partial or complete substitute for
• adequate treatment to achieve compliance with the
standards set forth in this Ordinance.
The City may impose mass limitations on Dischargers
where the imposition of mass limitations is deemed
appropriate.
(b) Accidental Discharges
Each Discharger shall provide protection from accidental
discharge of prohibited or regulated materials or substances
established by this Ordinance. Where necessary, facilities to
prevent accidental discharge of prohibited materials shall be
provided and maintained at the Discharger's cost and expense.
When applicable, detailed plans showing facilities and
operating procedures to provide this protection shall be
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• submitted to the City for review, and shall be approved by the
City before construction of the facility. Each existing
Discharger as designated by the City shall complete its plan
and submit same to the City by January 1, 1984. No designated
Discharger who discharges to the Authority's POTW after the
aforesaid date shall be permitted to introduce pollutants into
the system until Accidental Discharge Protection Procedures
have been approved by the City. Review and approval of such
plans and operating procedures by the City shall not relieve
the Discharger from the responsibility to modify its facility
as necessary to meet the requirements of this Ordinance.
Dischargers shall notify the City immediately upon the
occurrence of a 'slug' or accidental discharge of substances
• prohibited by this Ordinance. The modification shall include
location of discharge, date and time thereof, type of waste,
concentration and volume, and corrective actions. Any
Discharger who discharges slugs of prohibited materials shall
be liable for any expense, loss or damage to the Authority's
POTW, in addition to the amount of any fines imposed on the
City or Authority on account thereof under State or Federal
law.
Each employer shall instruct all applicable employees,
who may cause or discover such a discharge, with respect to
emergency notification procedure including the proper
telephone number and/or extension number of the Authority to
be notified.
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• (c) Wastewater Discharges Into Private Sewer Systems
All Dischargers who discharge wastewater into a private
sewer system shall comply with this ordinance including
Section 5.a.(7); provided, however, that flow measurement
may be based on metered water consumption. Each
Discharger shall provide an agreement, signed by the
owner of the sewer system, which authorizes the City's
personnel to enter onto the owner's property for purposes
of inspection and monitoring of Discharger's premises,
and for enforcement pursuant to the terms of this
Ordinance.
"5. ADMINISTRATION BY PERMIT
(a) Classification of Dischargers and Permits
• (1) All non-domestic users which discharge into the
sanitary sewer system of the City shall be grouped
according to the following definitions:
Group I - Major and Significant Industries
Industries that discharge a significant quantity of
regulated pollutants.
Group II - Classed Industries
Industries, such as car washes, printers and
photographic developers, which can be classed
according to the character of their wastewater, and
which may discharge regulated pollutants.
Group III - Commercial Facilities and Small Industrial
Users
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Those facilities which do not discharge a significant
amount of regulated pollutants on a regular basis.
Group IV - Wastewater Haulers
The City shall promulgate regulations pertaining to
the permitting of all transporters of industrial
waste desiring to discharge such transported
industrial wastes into the City's Sanitary Sewage
System, or its tributaries, as necessary to
adequately protect the Authority's POTW and its
operations from unjurious effects resulting from the
acceptance into that system of the transported
industrial wastes.
Group III and Group IV users industries shall be exempt from
• the following portions of this ordinance:
Sections 5a(2) through 5e
Sections 6(a) through 6(e)
Sections 7(a) through 7(c);
provided, however, that Group III and Group IV users are
subject also to the following conditions:
The industrial waste discharged or deposited into
the sanitary sewers by a Group III or Group IV user shall
be subject to periodic inspection and sampling as often
as may be deemed necessary by the City. Samples shall be
collected in such manner as to be representative of the
character and concentration of the waste under operational
conditions. The laboratory methods used in the examina-
tion of said waste shall be those set forth in Standard
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Methods, and 40 CFR Part 136. The determination of the
character and concentration of industrial waste shall be
made by the City at such times and on such schedules as
may be established by the Authority. Should an owner or
occupant discharging industrial waste to the sanitary
sewers desire a determination of the quality of such
industrial waste be made at some time other than that
scheduled by the City, such special determination may be
made by the City at the expense of the owner or occupant
discharging the waste.
(2) All Group I and Group II Dischargers shalt submit a
Wastewater Discharge Permit Application to the Water
Department, the form for which shall be provided by the
. Department. In the case of existing Dischargers who have
not already complied with this section, such Application
must be submitted within 180 days of the effective date
of this Ordinance.
(3) No Group I or II user shall be permitted to
discharge unless and until it has submitted a completed
Wastewater Discharge Permit Application in accordance
with (2) above.
(4) The City will evaluate the completed Applications
and data furnished by the Discharger and may require
additional information. The City will determine to what
Group each Applicant will be assigned. Within 30 days
after evaluation of the Application, a Wastewater
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Discharge Permit shall be issued, subject to the terms
and conditions specified herein; and to the regulations
of the Water Department.
(5) If the Application is denied, the Applicant shall be
notified in writing within 30 days of the reasons for
such denial. If Denial is based on the City's determina-
tion that the Applicant cannot meet the Pretreatment
Standards specified in this Ordinance, it may specify
that additional pretreatment operations will be required
of Applicant.
(6) Where additional pretreatment and/or operation and
maintenance activities will be required to comply with
this Ordinance, pursuant to (5) above, the Discharger
• shall provide a declaration of the shortest schedule by
which the Discharger will provide such additional
pretreatment and/or implementation of additional
operational and maintenance activities.
(i) The schedule shall contain milestone dates for
the commencement and completion of major events
leading to the construction and operation of
additional pretreatment required for the Discharger
to comply with the requirements of this Ordinance
including, but not limited to dates relating to
hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major
components, commencing construction, completing
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construction, and all other acts necessary to
achieve compliance with this Ordinance.
(ii) The time increments between milestone dates
established shall be the shortest practicable for
the completion of the required work. Under no
circumstances shall the City permit a time increment
for a single step in the compliance schedule to
exceed nine (9) months. The completion date in this
schedule shall not be later than the compliance date
established for applicable categorical pretreatment
standards.
(iii) Not later than 14 days following each
milestone date in the schedule and the final date
• for compliance, the Discharger shall submit a
progress report to the City, including no less than
a statement as to whether or not it complied with
the increment of progress represented by that
milestone date and, if not, the date on which it
expects to comply with this increment of progress,
the reason for delay, and the steps being taken by
the Discharger to return the construction to the
approved schedule. In no event shall more than 9
months elapse between such progress reports to tYie
City.
(7) Unless exempted by the City, all Groups I and group
II Dischargers shall provide monitoring facilities prior
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to approval of a permit application, to allow inspection,
sampling and flow measurement at each discharge point.
Each monitoring facility shall be located on the
Discharger's premises; except in the case where such
location would be impractical or cause undue hardship to
the Discharger, the City may approve the placement of
monitoring facilities in the public street or sidewalk
area. All monitoring equipment and facilities shall be
maintained in a safe and proper operating condition at
the expense of the Discharger.
Failure to provide proper monitoring facilities
shall be grounds for denial of a permit application.
(b) Permit Conditions
Wastewater Discharge Permits issued shall include as
applicable, but shall not be limited to, the following
information:
(1) Limits on the average and maximum amount of certain
wastewater constituents to be discharged;
(2) Limits on average and maximum rate and time of
discharge and/or requirements for flow regulations and
equalization;
(3) Requirements for installation and maintenance of
inspection and sampling facilities;
(4) Location of approved discharge points;
(5) Additional conditions as the City may reasonably
require under particular circumstances, applying to the
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• monitoring of a given discharge, including sampling
locations, frequency of sampling, number, types, and
standards for tests, laboratory analysis method, and
reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of special technical
reports or discharge reports where same differ from those
prescribed by this Ordinance;
(8) Duration of Permit;
(9) Limitation on Permit Transfer: Wastewater Discharge
Permits are issued to a specific Discharger for specific
operation and are not assignable to another Discharger or
transferable to any other location without the prior
• written approval of the City.
(c) Reporting Requirements for Discharger
(1) Baseline Report: Within 180 days following the
effective date for applicable Pretreatment Standards set
forth in this Ordinance or prior to commencement of the
introduction of wastewater into the Authority's POTW by a
New Discharger, any Discharger subject to a Categorical
Pretreatment Standard shall submit to the City a report
(in a form provided by the City), indicating the nature
and concentration of all prohibited or regulated
substances contained in its discharge, and the average
and maximum daily flow in gallons. The report from
existing Dischargers shall state whether the applicable
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• Categorical Pretreatment Standards are being met on a
consistent basis and, if not, what additional O&M and/or
pretreatment is necessary to bring the Discharger into
compliance with the applicable Categorical Pretreatment
Standards. This statement shall be signed by an
authorized representative of the Discharger, and
certified by a qualified engineer licensed in the State
of Texas.
(2) Periodic Compliance Reports: Any Discharger subject
to a Categorical Pretreatment Standard made a part of
this Ordinance, after the compliance date of such
Pretreatment Standard, or, in the case of a New
Discharger, after commencement of the discharge, shall
• submit to the City, in a form to be provided by the City,
during the months of June and December of each year, a
report indicating the nature and concentration of
prohibited or regulated substances in the effluent which
are limited by the Pretreatment Standards hereof.
In addition, this report shall include a record of
all measured or estimated average and maximum daily flows
which, during the reporting period, exceeded the average
daily flow specified in Section 5.b.(1) and (2) hereof.
Flows shall be reported on the basis of actual
measurement, provided, however, where cost or feasibility
considerations justify, the City may accept reports of
average and maximum flows estimated by verifiable
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• techniques. The City, taking into consideration such
factors as local high or low flow rates, holidays, budget
cycles, or other extenuating factors, may authorize the
submission of said reports on months other than those
specified above.
(3) Compliance Date Report: Within 90 days following
the date for final compliance by the Discharger with
applicable Pretreatment Standards set forth in this
Ordinance or 90 days following commencement of the
introduction of wastewater into the Authority's POTW by a
New Discharger, any Discharger subject to this Ordinance
shall submit to the City a report indicating the nature
and concentration of all prohibited or regulated
• substances contained in its discharge, and the average
and maximum daily flow in gallons. The report shall
state whether the applicable Pretreatment Standards or
Requirements are being met on a consistent basis and, if
not, what additional O&M and/or pretreatment is necessary
to bring the Discharger into compliance with the
applicable Pretreatment Standards or Requirements. This
statement shall be signed by an authorized representative
of the Discharger, and certified to by a qualified
engineer licensed in the State of Texas.
Reports of Dischargers shall contain all results of
sampling and analysis of the discharge, including the
flow rate, the nature and concentration of the constitu-
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• ents, or the production and mass of the constituents,
where required by the City. The frequency of monitoring
by the Discharger shall be as prescribed in the applicable
Categorical Pretreatment Standard made a part of this
Ordinance, or more frequently as designated by the City.
Sampling shall be done in accordance with Standard
Methods and 40 CFR, Part 136.
(d) Inspection and Flow Measurement
(1) The City may inspect the facilities of any
Discharger to determine compliance with the requirements
of this Ordinance. The Discharger shall allow the City
or its representatives to enter upon the premises of the
Discharger at all reasonable hours, for the purposes of
• inspection, sampling, or examination of record. The City
shall have the right to set up on the Discharger's
property such devices as are necessary to conduct
sampling, inspection, compliance monitoring and metering
or measuring operations. The inspectors, agents or
representatives of the City charged with the enforcement
of this section shall be deemed to be performing a
governmental function for the benefit and health and
welfare of the general public and neither the City nor
any individual inspector, agent or representative shall
be held liable for any loss or damage, whether real or
asserted, caused or alleged to have been caused as a
result of the performance of such governmental function.
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• The failure or refusal of such owners or occupants to
comply with this provision shall be grounds for the
disconnection of water and/or sewer service to the
facility, pursuant to the enforcement and/or termination
of service provisions of this ordinance.
The industrial waste discharged or deposited into
the sanitary sewers shall be subject to periodic
inspection and sampling as often as may be deemed
necessary by the City. Samples shall be collected in
such manner as to be representative of the character and
concentration of the waste under operational conditions.
The laboratory methods used in the examination of said
waste shall be Standard Methods or those set forth in 40
CFR, Part 136. The determination of the character and
concentration of industrial waste shall be made at such
times and on such schedules as may be established by the
City. Should a Discharger desire a determination of the
quality of such industrial waste be made at some time
other than that scheduled by the City, such special
determination may be made by the City at the expense of
the owner or occupant discharging the waste.
(2) Measurement of Flow: The volume of flow used in
computing abnormal sewage surcharges shall be based upon
metered water consumption or discharge as shown in the
records of meter readings maintained by the Richland
Hills Water Department.
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• Where it can be shown to the satisfaction of the
Director that a substantial portion of the water as
measured by the aforesaid meter, or meters, does not
enter the sanitary sewer system of the City, then the
Director may require or permit the installation of
additional meters at the owner's expense in such a manner
as to measure the quantity of water actually entering the
said sanitary sewage system from the lot, parcel of land,
building or premises of such owner or occupant, and the
quantity of water used to determine the sewer service
charge may be the quantity of water actually entering the
sewage system as so determined, if the Director so elects.
Any Discharger who procures any part or all of his
• water supply from sources other than the Richland Hills
Water Department, all or part of which is discharged into
the sanitary sewer, shall install and maintain at his
expense an affluent meter or flow measuring device of the
type approved by the Director for the purpose of
determining the proper volume of flow to be used in
computing sewer service charges. Such meters or
measuring devices shall be read monthly.
If the Director finds that it is not practicable to
measure the quanity or quality of waste by the aforesaid
meters or monitoring devices, he shall determine the
quantity or quality of the waste in any manner or method
he may find practicable in order to arrive at the
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• percentage of water entering the sanitary sewage system
of the City and/or the quality of the sewage to be used
to determine the sewer service charge.
(e) Permit Modifications
(1) The City reserves the right to amend any Wastewater
Discharge Permit issued hereunder in order to assure
compliance by the City with applicable laws and
regulations. Within nine (9) months after the
promulgation of a Categorical Pretreatment Standard, or
within nine (9) months after the approval by EPA of the
City's or Authority's Pretreatment Program where
Categorical Pretreatment Standards are promulgated before
EPA approval of the City's or Authority's Pretreatment
• Program, the Wastewater Discharge Permit of each
Discharger subject to such standards shall be revised to
require compliance with such standards within the time
frame prescribed by such standards.
(2) All Categorical Pretreatment Standards promulgated
and adopted by the EPA after the promulgation of this
Ordinance shall automatically become a part of this
Ordinance. Where a Discharger, subject to a Categorical
Pretreatment Standard, has not previously submitted an
application for a Wastewater Discharge Permit as required
by Section 5.a.(2) above, the Discharger shall apply for
a Wastewater Discharge Permit from the City within 180
days after the promulgation of the applicable Categorical
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• Pretreatment Standard by the EPA. In addition, the
Discharger with an existing Wastewater Discharge Permit
shall submit to the City within 180 days after the
promulgation of an applicable Categorical Pretreatment
Standard, the information required by Section 5.c.(1)
above. The Discharger shall be informed of any proposed
changes in his permit at least thirty (30) days prior to
the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time
schedule for compliance.
(f) Confidential Information
(1) All information and data submitted by a Discharger
to the City and/or Authority may be submitted to
• Environmental Protection Agency, pursuant to the Clean
Water Act and the regulations promulgated by the EPA,
governing the Authority's POTW. Such information shall
be considered subject to public disclosure, provided,
however, that the Discharger may request that information
not be subject to public disclosure, in accordance with
40 CFR Part 2 as follows:
(a) A Discharger may assert a business
confidentiality claim covering part or all of the
information, in a manner described below, and that
information covered by such a claim will be
disclosed only by means of the procedures set forth
below.
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• (b) If no claim of business confidentiality is
asserted, all information will be subject to public
disclosure without further notice to the Discharger.
(2) Method and Time of Asserting Business
Confidentiality Claim:
A Discharger which is submitting information to the
City and/or Authority may assert a business
confidentiality claim covering the information by placing
on (or attaching to) the information, at the time it is
submitted to the Authority, a cover sheet, stamped or
typed legend, or other suitable form of notice employing
language such as "trade secret," "proprietary," or
"company confidential." Allegedly confidential portions
• of otherwise nonconfidential documents should be clearly
identified by the business, and may be submitted
separately to facilitate identification and handling by
the City and/or Authority. If the business desires
confidential treatment only until a certain date or until
the occurrence of a certain event, the notice should so
state.
(3) Nothing in this section shall prevent the disclosure
of information and data regarding the nature and content
of a Discharger's effluent, and the frequency of
discharge, or a standard or limitation to be met by
Discharger, and this information shall be available to
the public with no restrictions.
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(4) The provisions of this section shall be subject to
any public disclosure requirements which may exist under
Article 6252-17a, V. A. C. S.
"6. ENFORCEMENT
(a) Revocation of Permit. The City may revoke the permit of
any Discharger which fails to: (i) factually report the
wastewater constituents and characteristics of its discharge;
(ii) report significant changes in wastewater constituents or
characteristics; (iii) allow reasonable access to the
Discharger's premises by representatives of the City for the
purpose of inspection or monitoring; or (iv) fulfill the
condition of its permit, or this Ordinance, or to obey any
final judicial order with respect thereto.
• (b) Notification of Violation - Administrative Adjustment.
Whenever the City finds that any Discharger has engaged in
conduct which justifies revocation of a Wastewater Discharge
Permit, pursuant to Section 6(a) hereof, the City shall serve
or cause to be served upon such Discharger a written notice,
either by personal delivery or by certified or registered
mail, return receipt requested, stating the nature of the
alleged violation. Within thirty (30) days of the date of
receipt of the notice, the Discharger shall respond in person
or in writing to the City, advising of its position with
respect to the allegations. Thereafter, the parties shall
meet to ascertain the veracity of the allegations and where
necessary, establish a plan for the satisfactory correction
• thereof .
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(c) Show Cause Hearing. Where the violation of Section 6(a)
hereof is not corrected by means of Administrative Adjustment,
the City may order any violating Discharger to show cause,
before the City or its duly authorized representative, why the
proposed permit revocation action should not be taken. A
written notice shall be served on the Discharger by personal
service, certified or registered, return receipt requested,
specifying the time and place of a hearing to be held by the
City or its designee regarding the violation, the reasons why
the enforcement action is to be taken, the proposed
enforcement action, and directing the Discharger to show cause
before the City or its designee why the proposed enforcement
action should not be taken. The notice of the hearing shall
be served no less than ten (10) days before the hearing.
Service may be made on any agent, officer, or authorized
representative of the Discharger. The proceedings at the
hearing shall be considered by the City which shall then enter
appropriate orders with respect to the alleged improper
activities of the Discharger.
(d) Right of Appeal of Administrative Ruling. Any Discharger
or any interested party shall have the right to request in
writing an interpretation or ruling by the City on any matter
covered by this Ordinance and shall be entitled to a prompt
written reply. In the event that such inquiry is by a
Discharger and deals with matters of performance or compliance
with this Ordinance or deals with a Wastewater Discharge
• -30-
• Permit issued pursuant hereto for which enforcement activity
relating to an alleged violation is the subject, receipt of a
Discharger's request shall stay all enforcement proceedings
pending receipt of the aforesaid written reply.
(e) Judicial Proceedings. Following the entry of any order
by the City with respect to the conduct of a Discharger
contrary to the provisions of Section 6(a) hereof, the
Attorney for the City may, following the authorization of such
action by the City, commence an action for appropriate legal
and/or equitable relief in an appropriate court of competent
jurisdiction.
(f) Emergency Suspension of Service & Discharge Permits. The
City and Authority may, for good cause shown, suspend
• wastewater treatment service to the Discharger's facility,
when it appears to the City and Authority that an actual or
threatened discharge presents or may present an imminent or
substantial danger to the health or welfare of persons,
substantial danger to the environment, interfere with the
operation of the Authority's POTW, violate any pretreatment
limits imposed by this Ordinance or any Wastewater Discharge
Permit issued pursuant to this Ordinance. Any Discharger
notified of the suspension of the Authority's wastewater
treatment service and/or the Discharger's wastewater Discharge
Permit, shall within a reasonable period of time, as
determined by the City and/or Authority, cease all
discharges. In the event of the failure of the Discharger to
• -31-
• comply voluntarily with the suspension order within the
specified time, the City may commence judicial proceedings to
compel the Discharger's compliance with such order or may
immediately disconnect such Discharger's service line from the
City water and/or sanitary sewer system. In the case of
emergency disconnection of service, the Director shall make
reasonable attempt to notify the occupant or user of the
premises where such illegal discharge is generated before
disconnecting the service line, and the party whose service
has been disconnected shall have an opportunity for a hearing
on the issue of the illegal discharge and the disconnection as
soon as possible after such disconnection has taken place.
The City may reinstate the Wastewater Discharge Permit
• and/or the wastewater or water service upon proof by the
Discharger of the cessation of the non-complying discharge or
elimination of conditions creating the threat of imminent or
substantial danger as set forth above. The City water and/or
wastewater service shall only be reconnected at the
Discharger's expense.
(g) Operating Upsets. Any Discharger which experiences an
upset in operations which places the Discharger in a temporary
state of non-compliance with this Ordinance shall inform the
City and AUthority thereof within 24 hours of first awareness
of the commencement of the upset. Where such information is
given orally, the City may at its discretion require a written
follow-up report thereof to be filed by the Discharger with
• ~ the City within five working days. The report shall specify:
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• (1) Description of the upset, the cause thereof and the
upset's impact on a Discharger's compliance status.
(2) Duration of non-compliance, including exact dates
and times of non-compliance, and if the non-compliance
continues, the time by which compliance is reasonably
expected to occur.
(3) All steps taken or to be taken to reduce, eliminate
and prevent reoccurrence of such an upset or other
conditions of non-compliance.
A documented and verified, bona fide operating upset shall be
an affirmative defense to any enforcement action brought by
the City and/or Authority against a Discharger for any
non-compliance with the Ordinance which arises out of
• violations alleged to.have occurred during the period of the
upset.
(h) Recovery of Costs Incurred by the City. Any Discharger
violating any of the provisions of this Ordinance, or who
discharges or causes a discharge producing a deposit or
obstruction, or causes damage to or impairs the City and/or
Authority's wastewater disposal system, shall be liable to the
City and/or Authority for any expense, loss, or damage caused
by such violation or discharge. The City or Authority shall
bill the Discharger for the costs incurred by the City or
Authority for any cleaning, repair, or replacement work caused
by the violation or discharge.
(i) Falsifying Information. Any person who knowingly makes
• -33-
any false statement, representation or certification in any
application, record, report, plan or other document filed or
required to be maintained pursuant to this Ordinance, or who
falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Ordinance,
shall, upon conviction be punished by the imposition of a fine
of not more than $200 for each offense.
7. MISCELLANEOUS
(a) Removal Credits. Where applicable, the City may elect to
initiate a program of removal credits as part of this
Ordinance to reflect the Authority's POTW's ability to remove
pollutants in accordance with 40 CFR Part 403.7.
(b) Net/Gross Calculations. The City may elect to adjust
• Categorical Pretreatment Standards to reflect the presence of
pollutants in the Discharger's intake water, in accordance
with 40 CFR Part 402.15.
(c) Preservation of Records. All Dischargers subject to this
Ordinance shall retain and preserve for no less than three (3)
years, any records, books, documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to
monitoring, sampling and chemical analyses made by or on
behalf of a Discharger in connection with its discharge. All
records which pertain to matters which are the subject of
Administrative Adjustment or any other enforcement or
litigation activities brought by the City and/or Authority
pursuant hereto shall be retained and preserved by the
• -34-
Discharger until all enforcement activities have concluded and
all periods of limitation with respect to any and all appeals
have expired.
(d) Costs of Administering Program. The City may make such
charges, known as monitoring and pretreatment charges, as are
reasonable for services rendered in administering the programs
outlined in this Ordinance. Such charges may include, but are
not limited to, the following:
(1) permitting industrial facilities
(2) inspection
(3) sample analysis
(4) monitoring
(5) enforcement.
• (e) Right of Revision. The City reserves the right to amend
this Ordinance to provide for more or less stringent
limitations or requirements on discharges to the POTW where
deemed necessary to comply with the objectives set forth iri
Section 2 of this Ordinance.
(f) Designation of Representative and Compliance With
Authority's Requirements. It is specifically recognized that
the City of Richland Hills contracts with the City of Fort
Worth (Authority) for the treatment of wastewater, and the
City of Fort Worth has promulgated an ordinance providing for
the monitoring of the wastewater of those industries which
discharge into the Fort Worth sanitary sewer system. That
ordinance is Ordinance No. 8895 of the City of Fort Worth. It
• -35-
• is the intent of this Ordinance to adopt rules, regulations
and requirements in the City of Richland Hills so as to
participate in and comply with the City of Fort Worth's
industrial waste program.
In this regard, certain functions, such as but not
limited to inspections, monitoring, notifications, reviews,
determinations, other acts permitted or required of the City
of Richland Hills pursuant to this Ordinance may be delegated
to the City of Fort Worth, its employees, agents or
representatives."
SECTION II
That this Ordinance shall repeal every prior Ordinance and
provision of Richland Hills in conflict herewith but only insofar
• as any portion of such prior Ordinance or provision shall be in
conflict, and as to all other Ordinances or provisions of Richland
Hills not in direct conflict herewith, this Ordinance shall be and
is hereby made cumulative.
SECTION III.
That all rights or remedies of the City of Richland Hills,
Texas, are expressly saved as to any and all violations of
ordinances or any amendments thereto, of Richland Hills which have
accrued at the time of the effective date of this Ordinance; and
as to such accrued violations, the Court shall have all of the
powers that existed prior to the effective date of this Ordinance.
SECTION IV.
It is hereby declared to be the intention of the City Council
• that the sections, paragraphs, sentences, clauses and phrases of
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• this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs acid
sections of this Ordinance, since the same would have been enacted
by the City Council without the incorporation in this Ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION V.
That the violation of any provision of this Ordinance or of
the Ordinances of Richland Hills relating to sewer service shall
be deemed an offense and punishable by a fine not exceeding Two
• Hundred Dollars ($200), and each violation hereof, and each day on
which there is a failure to comply with the terms of this
Ordinance shall be and is hereby declared to be a distinct and
separate offense and punishable as such.
SECTION VI.
That the City Secretary of the City of Richland Hills is
hereby directed to publish the caption, penalty clause and
effective date of this Ordinance in the official newspaper of the
City of Richland Hills, as authorized by Article 1152 Revised
Civil Statutes of Texas.
SECTION VII.
That the City secretary of the City of Richland Hills is
hereby directed to engross and enroll this Ordinance by copying
• -37-
• the caption and penalty clause of same in the minutes of the City
Council of Richland Hills and by filing the Ordinance in the
Ordinance Records of said City.
SECTION VIII.
That this Ordinance shall take effect October 17, 1983,
provided, however, that it shall be duly publshed, as required by
law, and it is so ordained.
PASSED AND APPROVED this 17th day of October, 1983.
CITY OF CHLAND HII.s , EXAS
By
David Ragan, ayor
A TEST:
Pauline Kempe, Ci Secretary
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