HomeMy Public PortalAboutOrdinance No. 643-91 11-26-1991 ORDINANCE NO. 6 4 3
•
AN ORDINANCE AMENDING SECTION 7, "REGULATIONS
GOVERNING INDUSTRIAL WASTES" OF CHAPTER 11,
"UTILITIES", OF THE CODE OF ORDINANCES, CITY OF
RICHLAND HILLS, TEXAS, AS AMENDED, REQUIRING
PERMITS TO DISCHARGE INDUSTRIAL WASTEWATER INTO
THE SANITARY SEWER SYSTEM; AUTHORIZING THE
DIRECTOR OF THE FORT WORTH 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
CITY CODE IN CONFLICT HEREWITH; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
Be it ordained by the City Council of the City of Richland Hills, Texas:
SECTION I.
That SECTION 7, "Regulations Governing Industrial Wastes" of Chapter 11,
"Utilities", of the Code of Ordinances of the City of Richland Hills, Texas, as
amended, be and the same is hereby amended to read as follows:
SECTION 7, REGULATIONS GOVERNING INDUSTRIAL WASTES
• A. DEFINITIONS
When used in this Section, these terms shall be defined as follows:
Abnormal Sewage: Any industrial waste discharged into the Authority
sanitary sewer which, when analyzed, shows by weight a daily average
Total Suspended Solids (TSS) concentration greater than 240 mg/L or a
Biochemical Oxygen Demand (BOD) concentration greater than 210
mg/L. In addition, the director may judge independently a waste's
suitability for discharge to the POTW that requires additional treatment,
based upon BOD, TSS or other characteristics, as abnormal. Any waste in
this classification must be acceptable for discharge into the POTW as
defined in this ordinance.
Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Authority: The City of Fort Worth, Texas.
Authorized Representative: Authorized representatives (Authorized
Signatories) for wastewater discharge permit applications and for reports
submitted under Section 1, Article IV, Paragraph 5, of this ordinance are:
1) A responsible corporate officer, if the discharger submitting the
application or report is a corporation. This includes the president,
vice-president, secretary or treasurer 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.
ORDINANCE NO. 6 4 3 PAGE 1
2) The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual sales or
• expenditures exceeding $25 million (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
3) Fora partnership or sole proprietorship, a general partner or the
proprietor, respectively.
4) The principal executive officer or director having responsibility for
the overall operation of the facility if the discharger is a federal, state or
local governmental entity, or their agents.
5) A duly authorized representative of the individual designated in 1), 2),
3) or 4), above if: a) the authorization specifies either an individual or a
position having responsibility for the overall operation of the facility
from which the discharge originates (such as a plant manager), or a
position of equivalent responsibility, or having overall responsibility for
environmental matters for the company, and c) the written authorization
is submitted to the city. If an authorization is no longer accurate
because a different individual or position has responsibility, a new
authorization must be submitted to the city prior to or together with any
reports signed by an authorized representative.
Biochemical oxygen demand (B.O.D.Z 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
or in terms of milligrams per liter.
B~..
amass: The intentional diversion of wastestreams or wastewater from
any portion of a discharger's wastewater treatment equipment or
pretreatment facility.
Categorical Pretreatment standards: Limitations on pollutant
discharges to POTW's promulgated by EPA in accordance with Section
307 of the Clean Water Act, that apply to specified process wastewaters
of particular industrial categories [40 CFR 403.6 and Parts 405-471].
CFR: Code of Federal Regulations.
Citv: City of Richland Hills, Texas.
Composite Sample: A mixture of grab samples collected at the same
sample point at different times and composed of not less than four
samples. The series of samples may be collected on time or flow
proportional basis.
1) Time Proportional Composite Sample - A sampling method which
combines discrete samples of constant volume collected at constant time
intervals (e.g., 200 milliliter samples collected every half hour for a
24-hour period).
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ORDINANCE NO. 6 4 3 PAGE 2
2) Flow Proportional Composite Sample - A sampling method which
combines discrete samples collected over time, based on the flow of the
• wastestream being sampled. There are two methods used to collect this
type of sample. One method collects a constant sample volume at time
intervals which vary based on their stream flow [e.g., 200 milliliters of
sample collected for every 5,0000 gallons discharged]. The other method
collects samples of varying volume, based on stream flow, at constant
time intervals.
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 discharging 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. The term includes owners and occupants of such
premises.
Garbage: Solid waste from domestic or commercial preparation,
cooking or dispensing of food or from the handling, storage, and sale of
produce.
• Grab Sample: A sample which is taken from a waste stream on a one
time basis with no regard to the flow of the waste stream and without
consideration of time. The sample is collected over a period of time not
exceeding 15 minutes.
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: A discharge which, alone or in conjunction with a
discharge or discharge from other sources, both:
1) Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
2) Therefore is a cause of a violation of any requirement of the POTW's
NPDES permit (including an increase in the magnitude or duration of a
violation) or of the prevention of sewage sludge use or disposal in
compliance with the following statutory provisions and regulations or
permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including Title II, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA), and including state regulations
contained in any state sludge management plan prepared pursuant to
Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control
Act, and the Marine Protection, Research and Sanctuaries Act.
•
ORDIlVANCE NO. 6 4 3 PAGE 3
Maximum Daily Average: The maximum concentration of a
substance allowed in a discharge as determined from a laboratory test of
a daily composite sample. When wastewaters are collected and stored for
more than a day prior to discharge, such as batch discharges, a laboratory
test of a grab sample of the stored wastewater may be used to determine
the maximum daily average concentration.
Maximum Grab: The maximum concentration of a substance allowed in a
discharge as determined from a laboratory test of a grab sample.
mg/L: Milligram per liter.
New Source: 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:
1) The building, structure, facility or installation is constructed at a site
at which no other source is located; or
2) The building, structure, facility or installation totally replaces the
process or production equipment that causes the discharge of pollutants
at an existing source; or
3) 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.
4) 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 2) or 3) above but otherwise alters, replaces, or adds to
existing process or production equipment.
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 on site
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
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ORDINANCE NO. 6 4 3 PAGE 4
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.
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, 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, 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 of or
significantly contribute to a violation of any requirement of the POTW's
NPDES permit.
Permit: Wastewater Discharge Permit, issued to non-domestic
discharges of industrial waste into the sanitary sewerage system of the
POTW.
Person: Any individual, business entity, partnership, corporation,
governmental agency, political subdivision, or any agent or employee
thereof.
~H: The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions, in grams per liter of solution, measured and calculated in
accordance with "Standard Methods".
POTW ,Publicly Owned Treatment WorksZ Any sewage treatment plant
owned and operated by the Authority and the sewers, pipes and
conveyances owned in whole or part by the Authority that convey
wastewater to the POTW. This definition includes any devices and
systems used in the storage, treatment, recycling and reclamation of
municipal sewage or industrial waste of a liquid nature.
Pretreatment: The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing such pollutants into the sanitary
• sewer.
ORDINANCE NO. 6 4 3 PAGE 5
Pretreatment Requirements: Any substantive or procedural
requirement related to pretreatment, other than a National Pretreatment
• Standard, imposed on an industrial user.
Pretreatment Standard: The term "National Pretreatment
Standard," "Pretreatment Standard," or "Standard" means any regulation
containing pollutant discharge limits promulgated by the EPA in
accordance with section 307 (b) and (c) of the Act, which applies to
industrial users. This term includes prohibitive discharge limits
established pursuant to 40 CFR Part 403.5.
Sanitary Sewer: A publicly owned pipe or conduit designed to collect and
transport industrial waste and domestic sewage to the POTW.
Severe Property 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 be reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays in
production.
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.
• Significant Change: An increase or decrease in the volume of
wastewater discharged by more than 20 percent from the data submitted
in the permit application, or the deletion or addition of any pollutant
regulated by the Authority or by a categorical standard. Volumes are
those measured by the water service meter, a verifiable estimate, or a
permanently installed effluent flow meter approved by the Authority.
Significant Industrial User: All industrial users subject to categorical
pretreatment standards and any other industrial user that: discharges an
average of 25,000 gallons per day or more of process wastewater to a
POTW (excluding sanitary, noncontact cooling or boiler blowdown
wastewater); contributes a process wastestream which makes up 5
percent or more of the average dry weather hydraulic or organic capacity
of a POTW; or is designated as such by the Authority on the basis that the
industrial user has a reasonable potential for adversely affecting a
POTW's operation or for violating any pretreatment standard or
requirement. Upon a finding that a noncategorical industrial user
meeting the criteria for a significant industrial user has no reasonable
potential for adversely affecting a POTW's operation or for violating any
pretreatment standard or requirement, the Authority may at any time on
its own initiative or in response to a petition received from a
noncategorical industrial user, determine such user is not a significant
industrial user.
•
ORDINANCE NO. 6 4 3 PAGE 6
Sluff or Slu lg oad: Any substance (including Biochemical Oxygen
Demand) released in a discharge at a flow rate and/or concentration
• which will cause a violation of the specific discharge prohibitions in
Section B, D, or E of this ordinance or hydraulically overloads the
sanitary sewer collection system. This includes, but is not limited to an
accidental spill or anon-customary batch discharge.
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.
Total Suspended Solids (TSSZ 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 Waste: 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 odorous 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 TSS
and B.O.D.; color not exceeding fifty (50) color units; nor pH value of less
than 5.0 nor higher than 12.0 and 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 operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation thereof.
Wastewater: Industrial waste, sewage or any other waste that has
been used by and discharged to the POTW from an industry, commercial
enterprise, household or other water consumer, including that which may
be combined with any groundwater, surface water or storm water.
B. 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 collection and treatment systems, and to enable the Authority to
protect the public health in conformance 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 40 CFR Part 403.
•
ORDINANCE NO. 6~ PAGE 7
All categorical pretreatment standards, lists of toxic pollutants,
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 Act, and amendment of this ordinance to incorporate such
changes shall not be necessary. The authority shall maintain current standards
and regulations which shall be available for inspection and copying.
The objectives of this ordinance are:
1. to prevent the introduction of pollutants into the Authority
wastewater system which will interfere with the normal operation of the
system, including interference with the use or disposal of sludge, or
contaminate the resulting sludge;
2. to prevent the introduction of pollutants into the Authority
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; and
3. to improve the opportunity to recycle or reclaim municipal and
industrial wastewaters and sludges.
The regulation of discharges into the Authority wastewater system under
this ordinance shall be accomplished through the issuance of permits, as
specified in Subsection E 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.
C. DISCHARGE PROHIBITIONS AND LIlVIITATION
1. DISCHARGES TO STORM DRAINS AND WATERCOURSES
It shall be unlawful for any person to discharge or cause to be discharged
any wastewater into any storm drain or watercourse within the City,
except for those persons with approved permits for such discharges.
2. PROHIBITED DISCHARGES
No person shall discharge or cause to be discharged any storm water,
groundwater, roof runoff, subsurface drainage or drainage from
downspouts, yard drains, yard fountains and ponds, or lawnsprays 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 provided the water meets the
discharge prohibitions and limitations of this ordinance.
3. PROHIBITED SEWER CONNECTIONS. INCLUDING TRUCKED OR
• HAULED WASTEWATER
ORDINANCE NO. h 4 3 PAGE 8
It shall be unlawful for any person to deposit or discharge into the
sanitary sewer any wastewater or solid, including trucked or hauled
• wastes, unless such deposit or discharge, at a designated discharge point,
has been approved by the Authority.
4. PROHIBITED WASTEWATER CONSTITUENTS
No person shall contribute or cause to be discharged directly or
indirectly, into any public sanitary sewer any of the following described
substances, materials, water or waste:
a) any liquid or vapor having a temperature higher than one
hundred fifty degrees (150°) Fahrenheit (65° degrees Centigrade};
b) 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 degrees (32°) to one hundred fifty
degrees (150°) Fahrenheit, thereby contributing to the clogging,
plugging or otherwise restricting the flow of wastewater through
the collection system;
c) pollutants which create a fire or explosion hazard in the sewer
system or POTW, including but not limited to, wastestreams with a
closed cup flashpoint of less than 140° degrees Fahrenheit or 60°
degrees Centigrade using the test methods specified in 40 CFR Part
261.21. This includes flammable or explosive liquids, solids or gases
such as gasoline, kerosene, benzene, naptha, etc., which by reason
of their chemical properties or quantity may be sufficient, either
• alone or by interaction, to cause fire or explosion.
d) 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, paunch manure, hair and fleshings,
entrails, lime slurry, lime residues, slops, chemical residues, paint
residues, or bulk solids;
e) 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;
f) 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 provision, attentions or expense to
handle such material;
g) 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;
ORDINANCE NO. 6 4 3 PAGE 9
h) any substance which may cause the POTW's effluent or
treatment residues, sludges, or scums, to be unsuitable for
• reclamation and reuse or to interfere with the reclamation process
as determined pursuant to criteria in this ordinance. 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 Resource
Conservation and Recovery Act, the Clean Air Act, the Toxic
Substances Control Act, or state standards applicable to the sludge
management method being used;
i) any substance which will cause the POTW to violate its NPDES
or other disposal system permits, or the receiving stream water
quality standards;
j) any substance with objectionable color not removed in the
treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions;
k) any slugload;
1) any wastewater which causes a hazard to human life or creates a
public nuisance; or
m) any dump or slugload of waste containing concentrated organic
solvents or mixtures of solvents which are defined as hazardous by
the Federal Resource Conservation and Recovery Act.
n) petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause obstruction of flow in
the sewer line, or interference or pass through.
S. WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged, directly or
indirectly, into any sanitary sewer any wastewaters containing or having:
a} Free or emulsified fats, oils, and greases exceeding 200 mg/L. A
concentration of 500 mg/L is allowable providing the Authority has
specifically determined that the waste: 1) derives from animal or
vegetable materials; 2) biogrades readily in the POTW; 3) does
not cause an obstruction of flow in the sewer line; and 4) the
discharge is pretreated by discharge through an approved grease
trap or other pretreatment process.
b) Acids or alkalies capable of causing damage to sewage disposal
structures or personnel or having a pH value lower than 5.0 or
higher than 12.0.
•
ORDIlVANCE NO. PAGE 10
c) Metals in the form of compounds or elements with total
concentrations exceeding the following:
• MAXIMUM DAILY MAXIMUM GRAB
AVERAGE (mg/L) (mg/L)
Arsenic 0.1 0.3
Cadmium 0.3 0.9
Chromium 5.0 15.0
Copper 3.0 9.0
Lead 2.9 8.7
Mercury 0.01 0.03
Nickel 2.0 6.0
Silver 0.1 0.3
Zinc 5.0 15.0
d) Cyanide or cyanogen compounds [(expressed as total CN-)] in
excess of 1.0 mg/L.
e) Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10
parts per million.
f) Radioactive wastes or isotopes with a halflife or concentration
exceeding limits established by the Authority in compliance with
applicable state or federal regulations.
g) Toxic pollutants in sufficient quantity, either singly or by
• interaction with other wastes, to injure or interfere with any
wastewater treatment process, constitute a hazard to humans or
animals, or to pass through the treatment plant and impair aquatic
life in receiving water, as expressed by the results of acute or
chronic toxicity tests of the POTW effluent.
h) A temperature which inhibits or interferes with biological
activity in the POTW treatment plant. In no case shall wastewater
be introduced which would have at temperature exceeding 40°C
(104°F) upon entering the POTW treatment plant.
i) Pollutants in excess of the limitations established in an
applicable categorical pretreatment standard set forth in Title 40
of the Code of Federal Regulations.
j) Wastewaters which emanate vapors causing the atmosphere in
the sewer system to exceed 20% of the lower explosive limit in the
immediate area of the discharge.
D. SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS
1. Compliance with Standards
a) State requirements and limitations on discharges to the 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.
ORDINANCE NO. 6 4 3 PAGE 11
b) 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
c) Where deemed appropriate the Authority may apply mass
limitations expressed in pounds per day of pollutant discharged.
2. 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 submitted to the
Authority for review, and shall be approved by the Authority before
construction of the facility. Review and approval of such plans and
operating procedures by the Authority 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 Authority immediately upon the
occurrence of a "slug" or accidental discharge of substances prohibited by
this ordinance. The notification shall include location of discharge, date
and time thereof, type of waste, concentration and volume, corrective
actions taken, and be signed by the dischargers Authorized
Representative. Any discharger discharging slugs of prohibited materials
• shall be liable for any expense, loss or damage to the POTW, in addition
to the amount of any fines imposed on the Authority 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 of the
Authority to be notified.
3. Wastewater Discharges Into Private Sewer Systems
All dischargers who discharge wastewater into a private sewer
system shall comply with this ordinance including Subsection E.l.g;
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 and the
Authority'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.
4. Prohibition of Bypass
a) Bypass of a discharger's treatment equipment or treatment
facility is prohibited and the Authority may take enforcement
action against the discharger unless:
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ORDINANCE NO. 6 4 3 PAGE 12
(i) The bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage, and;
(ii) There were no feasible alternatives to the bypass, such as
use of auxiliary treatment facilities, retention of untreated
wastewater, or maintenance during normal periods of
downtime. This condition is not satisfied if, in the exercise of
reasonable engineering judgment, adequate back-up
equipment should have been installed to prevent a bypass
which occurred during normal periods of equipment downtime
or maintenance, and;
(iii) The discharger submitted advance, written notice of the
need for a bypass.
b) The discharger shall submit oral notice to the City and the
Authority of an unanticipated bypass that exceeds categorical
standards or other discharge limits within 24 hours of the time the
discharger becomes aware of the bypass. Written notice shall be
provided within 5 days of the time the discharger becomes aware of
the bypass. The written notice shall include a description of the
bypass and its causes, duration of the bypass, steps taken to present
the reoccurrence of the bypass, and must be signed by the
Authorized Representative of the discharger.
c) The Authority may approve an anticipated bypass, after
considering its adverse effects, if it determines that the bypass will
meet all of the conditions of paragraph 1) above.
• 5. Notification of Hazardous Waste Discharges
All dischargers shall notify the Authority, the City, the EPA
Regional Waste Management Division Director, and the Texas Water
Commission Hazardous and Solid Waste Division Director, in writing of
any discharge into a POTW of any substance, which, if otherwise disposed
of, would be hazardous waste under 40 CFR Part 261. Any notification
under this paragraph must be submitted in conformance with 40 CFR Part
403.12 (p).
E. ADMINISTRATION BY PERMIT
1. Classification of Dischargers and Permits
a) All non-domestic users which discharge into the sanitary sewer
system of the Authority shall be grouped according to the following
definitions:
Group 1 -Significant Industrial Users
Group II -Commercial Facilities and Small Industrial Users
Those commercial facilities and industrial users which are not
included in Group I and which do not discharge a significant amount of
• regulated pollutants on a regular basis. Examples include automotive
service shops, small food processors and photographic developing shops.
ORDINANCE NO. ti 4 ~ PAGE 13
Group III -Classed High Strength Users
• Restaurants, car washes or other businesses which can be classed
according to an average strength or abnormal strength of their
wastewater.
Group IV -Wastewater Haulers
Transporters of wastewater desiring to discharge into the
Authority's sanitary sewage system.
b) All Group I dischargers shall submit a Wastewater Discharge
Permit Application to the Authority on a form provided by the
Authority.
c) No new Group I user shall be allowed to discharge until issued a
valid permit.
d) The Authority will evaluate the completed applications and data
furnished by the discharger and may require additional information.
If, after evaluation, the application is deemed satisfactory, then a
wastewater discharge permit shall be issued within 60 days after
the evaluation is complete. The wastewater discharge permit shall
be subject to the terms and conditions specified herein and to the
regulations of the Authority.
e) 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 Authority's determination that the applicant cannot
meet the wastewater discharge limitations of this ordinance, the
Authority may specify that the applicant be required to provide
pretreatment of the waste before it is deemed acceptable for sewer
discharge.
f) Where additional pretreatment and/or operation and
maintenance activities will be required to comply with this
ordinance, pursuant to e), above, the discharger shall provide a
declaration of the shortest schedule by which the discharger will
provide such additional pretreatment and/or implement added
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(s) for major
components, commencing construction, completing
construction, and all other acts necessary to achieve
compliance with this ordinance.
•
ORDINANCE NO. PAGE 14
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 Authority
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 Authority, including 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 the Authority.
g) Prior to the approval of a permit, unless exempted by the
Authority, all dischargers shall provide monitoring facilities to
allow inspection, sampling and/or flow measurement of wastewaters
before entering the sanitary sewer of the City and the Authority.
Each monitoring facility shall be located on the discharger's
premises; provided, however, where such location would be
impractical or cause undue hardship to the discharger, the City and
the Authority 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.
2. Permit Conditions
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 Authority.
Permits may include as applicable, but shall not be limited to, the
following information:
a) Limits on the average and maximum amount of certain
wastewater constituents to be discharged;
b) Limits on average and maximum rate and time of discharge
and/or requirements for flow regulations and equalization;
c) Requirements for installation and maintenance of inspection and
sampling facilities;
d) Location of approved discharge point(s);
•
ORDINANCE NO. PAGE 15
e) Additional conditions as the Authority may reasonably require
under particular circumstances, applying to the monitoring of a
• given discharge, including sampling locations, frequency of
sampling, number, types, and standards for tests, laboratory
analysis method, and reporting schedule;
f) Compliance schedules;
g) Requirements for submission of special technical reports or
discharge reports where same differ from those prescribed by this
ordinance:
h) Duration of Permit;
i) Statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements; and
j) Statement of non-transferability.
3. Reporting_Reauirements for Dischargers
a) Baseline Report: Within 180 days following the effective date
for new or revised categorical pretreatment standards, or at least
90 days prior to commencement of the introduction of wastewater
into the POTW by a new discharger, any discharger subject to a
categorical pretreatment standard shall submit to the City and the
Authority a report (in a form provided by the Authority), 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 categorical pretreatment standards are being met on a
consistent basis and, if not, what additional O and M or
pretreatment is necessary to bring the discharger into compliance
with the applicable categorical pretreatment standards. This report
shall be signed by an authorized representative and certified by a
qualified professional as stated in 40 CFR Part 403.12(b)(6).
b) 90 Day Compliance Report: Within 90 days following the date
for final compliance by the discharger with applicable categorical
pretreatment standards or 90 days following commencement of the
introduction of wastewater into the POTW by a new discharger, any
discharger subject to categorical pretreatment standards shall
submit to the City and the Authority 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
categorical pretreatment standards or requirements are being met
on a consistent basis and, if not, what additional O and M or
pretreatment is necessary to bring the discharger into compliance
with the applicable categorical pretreatment standards or
requirements. This report shall be signed by an authorized
representative of the discharger.
•
ORDINANCE NO. PAGE 16
c) Periodic Compliance Reports: Any discharger subject to a
categorical pretreatment standard made a part of this ordinance
• shall submit to the City and the Authority a report indicating the
nature and concentration of prohibited or regulated substances in he
effluent which are limited by the categorical pretreatment
standards hereof. Reports are required after the compliance date
of such a pretreatment standard, or in the case a new discharger,
after commencement of the discharge, and are to be submitted
during the months of July and January of each year.
In addition, where applicable, 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 Subsection E.2.a and b hereof. Flows shall be
reported on the basis of actual measurement, provided however,
where cost or feasibility considerations justify, the Authority may
accept reports of average and maximum flows estimated by
verifiable techniques. The Authority, taking into consideration
extenuating factors, may authorize the submission of said reports
on months other than those specified above.
d) Analysis and Sampling Procedures: All analyses shall be
performed in accordance with procedures contained in 40 CFR Part
136 and amendments thereto or with any other test procedures
approved by the Administrator. Sampling shall be performed in
accordance with the techniques approved by EPA. Where 40 CFR
Part 136 does not include sampling or analytical techniques for the
pollutants in question, or where EPA determines that the Part 136
• techniques are inappropriate for the pollutant in question, sampling
and analyses shall be performed using validated analytical methods
or any other sampling and analytical procedures, including
procedures suggested by the POTW or other parties, approved by
EPA.
e} Reporting Additional Monitoring: If an industrial user subject to
the reporting requirements of this section monitors any pollutant
more frequently than required by the Authority, using the
procedures prescribed in paragraph (d) of this section, the results of
this monitoring shall be included in the report.
f) Significant Noncategorical Industrial User Reporting:
Significant noncategorical industrial users shall submit to the
Authority at least once every six months (on dates as specified by
the Authority) a description of the nature, concentration, and flow
of the pollutants required to be reported by the Authority. These
reports shall be based on sampling and analysis performed in the
period covered by the report, and performed in accordance with the
techniques described in paragraph (d) of this section. This sampling
and analysis may be performed by the Authority in lieu of the
significant noncategorical industrial user.
•
ORDINANCE NO. PAGE 17
g) Notification of Changed Discharge: Dischargers shall give prior
written notification to the City and the Authority of any significant
• change in the volume or character of pollutants in the discharge.
h) Authority Monitoring: Sampling and analysis for the reports
required by paragraphs (a), (b), (c) and (f) above may be performed
by the Authority in lieu of the discharger. If all information
required for the report, including flow data, is collected by the
Authority, the discharger will not be required to submit the report
or certifications.
i) Signatory Requirements: All applications and compliance reports
submitted to the City and the Authority must contain the following
certification statement and be signed by the Authorized
Representative:
"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 possibility of fine and imprisonment for
knowing violations."
• 4. Inspection and Flow Measurement
a} The City and the Authority may inspect the facilities of any
discharger to determine compliance with the requirements of this
ordinance. The discharger shall allow the City and the Authority or
its representatives to enter upon the premises of the discharger at
all reasonable hours for the purposes of inspection, sampling, or
examination of records. All reports and records related to the
provisions of this ordinance shall be made available for copying and
inspection by the City and the Authority. The Authority shall have
the right to set upon 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 Authority and 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, the Authority 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. The failure or refusal of such owner or discharger to
comply with this provision shall be grounds for the disconnection of
water or sewer service to the facility.
•
ORDINANCE NO. PAGE 18
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 Authority. 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
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
Authority. Should a discharger desire a determination of the
quality of such industrial waste be made at some time other than
that scheduled by the Authority, such special determination may be
made by the Authority at the expense of the owner or discharger.
b) Measurement of Flow: The volume of flow used in
computing sewage charges shall be based upon metered water
consumption or discharge as shown in the records of meter readings
maintained by the Richland Hills Water Department.
Where it can be shown to the satisfaction of the Director that
a substantial portion of the metered water does not enter the
sanitary sewer, the Director may require or permit the installation
of additional approved meters at the owner's expense, to measure
the quantity of water actually entering the sewer system. If
approved by the Director, the measured quantity of water actually
entering the sewer system will be used to determine the sewer
service charge.
• Any discharger who procures all or part of its water supply
from sources other than the Richland Hills Water Department, all
or part of which is subsequently discharged into the sanitary sewer,
shall install and maintain at its expense an effluent meter or flow
measuring device 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 determines that it is not practicable to
measure the quantity or quality of waste by the aforesaid meters or
monitoring devices, the quantity or quality of the waste shall be
determined in any manner or method the Director may find
practicable in order to arrive at the percentage of water entering
the sanitary sewage system of the Authority and/or the quality of
the sewage to be used to determine the sewer service charge.
5. Permit Modifications
a) The Authority reserves the right to amend any permit issued
hereunder in order to assure compliance by the Authority with
applicable laws and regulations. The Authority may amend any
permit for good cause including, but not limited to the following:
ORDINANCE NO. 6 4 3 PAGE 19
i) To incorporate any new or revised federal, state, or local
pretreatment standards or requirements,
ii) Material or substantial alterations or additions to the
discharger's operation processes, or discharge volume or
character which were not considered in drafting the effective
permit,
iii) A change in any condition in either the industrial user or
the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge,
iv) Information indicating that the permitted discharge poses
a threat to the City's or Authority's collection and treatment
systems, POTW personnel or the receiving waters,
v) Violation of any terms or conditions of the permit,
vi) Misrepresentation or failure to disclose fully all relevant
facts in the permit application or in any required reporting,
vii) To correct typographical or other errors in the permit,
viii) To reflect transfer of the facility ownership and/or
operation to a new owner/operator,
ix) Upon request of the permittee, provided such request does
not create a violation of any applicable requirements,
standards, laws, or rules and regulations.
c) All categorical pretreatment standards promulgated and
adopted by the EPA after the effective date 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 permit as required by Subsection
E.l.b) above, the discharger shall apply for a permit from the
Authority within 180 days after the promulgation of the applicable
categorical pretreatment standard by the EPA. In addition, the
discharger with an existing permit shall submit to the City and the
Authority within 180 days after promulgation of an applicable
categorical pretreatment standard, the information required by
Subsection E.3.a) above. The discharger shall be informed of any
proposed changes in its 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.
ORDINANCE NO. 6 4 3 PAGE 20
6. Confidential Information
• a) All information and data submitted by a discharger to the
POTW may be submitted to any State or Federal agency governing
the POTW. Such information shall be considered subject to public
disclosure, provided, however, that the discharge may request that
information not be subject to public disclosure, in accordance with
40 CFR Part 2 as follows:
i) 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.
ii) If no claim of business confidentiality is asserted, all
information will be subject to public disclosure without
further notice to the discharger.
b) Method and time of asserting business confidentiality claim:
A discharger which is submitting information to the 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 discharger, and may be submitted
• separately to facilitate identification and handling by the
Authority. If the discharger desires confidential treatment only
until a certain date or until the occurrence of a certain event, the
notice should so state.
c} 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 the discharger, and this information shall
be available to the public with no restrictions. Effluent data which
cannot be held as confidential is as defined in 40 CFR 2.302.
d) The provisions of this section shall be subject to any public
disclosure requirements which may exist under Article 6252-17a,
V.A.C.S.
F. ENFORCEMENT
1. Revocation of Permit
The City, or the Authority may revoke the permit or terminate
water or sewer service of any discharger which fails to:
a) factually report the wastewater constituents and
characteristics of its discharge; or
•
ORDINANCE NO. ~T PAGE 21
b) report significant changes in wastewater constituents or
characteristics; or
• c) allow reasonable access to the discharger's premises by
representatives of the City or the Authority for the purpose of
inspection or monitoring; or
d) pay sewer charges; or
e) meet compliance schedules; or
f) fulfill the conditions of its permit, or this ordinance, or to
obey any final judicial order with respect thereto.
2. Notification of Violation -Administrative Adjustment
Whenever the City or the Authority finds that any discharger has
engaged in conduct which justifies revocation of a permit, pursuant to
Subsection F.1. hereof, the City or the Authority 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 and the Authority, 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.
• 3. Show Cause Hearin
Where the violation of Subsection F.1. hereof is not corrected by
means of administrative adjustment, the Authority may order any
violating discharger to show cause, before the Authority 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, or by certified or registered mail, return receipt
requested, specifying the time and place of a hearing to be held by the
Authority 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 Authority 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 Authority shall then enter
appropriate orders with respect to the alleged improper activities, if any.
4. 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 Authority on any
matter covered by the ordinance and shall be entitled to a prompt written
reply. In the event that such inquiry is by a discharger and deals with
•
ORDINANCE NO. 6 4 3 PAGE 22
matters of performance or compliance with this ordinance or deals with a
. 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; provided, however, the Authority may take any action it deems
necessary to protect its wastewater collection and treatment systems or
to comply with its NPDES permit or to comply with any contract the
Authority has for the treatment of wastewater.
5. Judicial Proceedings
The Authority, with respect to the conduct of any discharger
contrary to the provisions of this ordinance may authorize its attorney to
commence any legal action in a court of competent jurisdiction for
equitable and/or legal relief.
6. Emergency Suspension of Service & Discharge Permits
The Authority, may, for good cause shown, suspend water or
wastewater service to the discharger's facility, when it appears to the
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 a
POTW, violate any pretreatment limits imposed by this ordinance or any
Permit issued pursuant to this ordinance. Any discharger notified of the
suspension of the Authority's water or wastewater service and/or the
discharger's permit, shall within a reasonable period of time, as
• determined by the Authority, cease all discharges. In the event of the
failure of the discharger to comply voluntarily with the suspension order
within the specified time, the Authority 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 sanitary sewer system. In the case of emergency disconnection
of service, the Director shall make a reasonable attempt to notify the
owner or discharger before disconnecting the service line. 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 Authority may reinstate the 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 be reconnected at the discharger's
expense.
7. O ep ratingUpsets
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 the Authority within 24 hours of first
awareness of the commencement of the upset. Where such information is
given orally, the Authority may at its discretion require the discharger to
• file a written report within five working days. The report shall specify:
ORDIlVANCE NO. 6 4 3 PAGE 23
a) Description of the upset, its cause and the upset's impact on a
discharger's compliance status.
• b) 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.
c) All steps taken or to be taken to reduce, eliminate and
prevent recurrence of such an upset or other conditions of
non-compliance.
An operating upset which was not the result of negligence on
the part of the discharger, and which has been documented and
verified in the manner stated above shall be an affirmative defense
to any enforcement action brought by the 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.
8. Recovery of Costs Incurred by the Authority
Any discharger who discharges or causes a discharge producing a
deposit or obstruction, or causes damage to or impairs the City's or the
Authority's wastewater system, shall be liable to the City and the
Authority for any expense, loss, or damage caused by such violation or
discharge. The City and the Authority shall bill the discharger for the
costs incurred by the City or the Authority for any cleaning, repair, or
• replacement work caused by the violation or discharge. Failure to pay
such bill may result in the termination of water or wastewater service.
9. Falsifying Information
Any person who knowingly makes 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 falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this section, shall, upon
conviction, be punished as provided in Subsection 1.F of the Code of
Ordinances of the City of Richland Hills, as amended.
G. MISCELLANEOUS
1. Removal Credits
Where applicable, the Authority may elect to initiate a program of
removal credits as part of this ordinance to reflect the POTW's ability to
remove pollutants in accordance with 40 CFR Part 403.7.
2. NetlGross Calculations
The Authority 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 403.15.
ORDINANCE NO. 6 4 3 PAGE 24
3. 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 Authority
pursuant hereto shall be retained and preserved by the discharger until all
enforcement activities have concluded and all periods of limitation with
respect to any and all appeals have expired.
4. Costs of Administering Program
The City and the Authority 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:
a) permitting industrial facilities;
b) inspection;
c) sample analysis;
d) monitoring; and
e) enforcement.
5. Right of Revision
• The Authority 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 in Subsection B of this Section.
6. Publication of List of Significant Violators
The Authority shall annually publish in the largest local daily
newspaper a list of users that have significantly violated federal
pretreatment requirements during the previous 12 months. Definition of
significant violation shall be the definitions listed in 40 CFR Part 403.8
(f) (2) (vii), and in the Authority's NPDES permit.
7. Designation of Representative and Compliances 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. 10880 of the City of Fort Worth. It is the intent of this
section 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.
•
ORDINANCE NO. 6 4 3 PAGE 25
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
section may be delegated to the City of Fort Worth, its employees,
agents, or representatives.
SECTION II.
This ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of Richland Hills, Texas, as amended, except
where the provisions of this ordinance are in direct conflict with the provisions of
such ordinances and such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION III.
That all rights or remedies of the City of Richland Hills, Texas, are
expressly saved as to any and all violations of this Section 7 or of any amendments
thereto, of the Richland Hills City Code, as amended, 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 IV.
It is hereby declared to be the intention of the City Council that the
• sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION V.
That the violation of any pretreatment standard or requirement, or any
provision of this ordinance or of the Richland Hills City Code, as amended, relating
to sewer service shall be deemed an offense and punishable by a fine not exceeding
Two Thousand Dollars ($2,000, 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. As used
herein, the term violation includes exceeding any discharge limit or parameter for
which a single sample is analyzed.
Saving Clause. That Chapter 11 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
Effective Date. This ordinance shall be in full force and effect from and after
• its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
ORDINANCE NO. 6 4 3 PAGE 26
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting
of the Richland Hills City Council on the 26 day of NOV 1991, by a vote
of 5 ayes, 0 nays, and ~ abstentions.
APPRO D:
~--~C\'~'~/
James R. Truitt, Mayor
ATTEST:
Pauline Kempe, City
c-
A OVED AS TO FORM:
Pau F. Wieneskie, City Attorney
20MLIB/bh
•
ORDIlVANCE NO. 6 4 3 PAGE 27