HomeMy Public PortalAboutOrdinance No. 1049-06 03-14-2006 ORDINANCE N0.1o49-06
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
REQUIRING PERMITS TO DISCHARGE INDUSTRIAL WASTE INTO THE
RICHLAND HILLS SANITARY SEWER SYSTEM; AUTHORIZING THE
DIRECTOR OF THE PUBLIC WORKS TO PROMULGATE REGULATIONS
PERTAINING TO SUCH PERMITTING, PROVIDING FOR DEFINITIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; REPEALING ORDINANCE NO. 643-91; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION;
PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; PROVIDING
A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Richland Hills finds that the unregulated
transportation and discharge of liquid waste presents a hazard to the public health, safety,
and welfare of the citizens of the City of Richland Hills; and
WHEREAS, the City of Richland Hills provides waste water utility service through
• a wholesale wastewater contract with the City of Fort Worth; and
WHEREAS, paragraph 23 of the wholesale waste waster contract provides that the
City of Richland Hills, as a wholesale customer that contract, agreed that it would comply
with all permit conditions in any way relating to the collection system and the discharge into
the collection system; and
WHEREAS, the Texas Commission on Environmental Quality has requested that
the City of Fort Worth and all jurisdictions contributing to Fort Worth's wastewater collection
system make certain amendments and revisions to their respective industrial waste
ordinances,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
Division 3, of Chapter 86, Article II, of the Richland Hills City Code is hereby
amended by adopting a new Subdivision II and repealing the existing Subdivision II, as
follows:
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• "SUBDIVISION II. INDUSTRIAL WASTE
Sec.86-86. Definitions.
When used in this Subdivision, these terms shall be defined as follows:
Abnormal Sewage: Any industrial waste discharged into the Authority's sanitary sewer
which, when analyzed, shows by weight a 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 Authority 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 made acceptable for
discharge into the POTW as defined in this Subdivision.
Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Approval Authority: The Regional Administrator of the EPA, or the Director of the Texas
Commission on Environmental Quality ("TCEQ").
Authority: The City of Richland Hills, Texas.
Authorized Representative of the Industrial User: Authorized representatives
(Authorized Signatories) for wastewater discharge permit applications and for reports
submitted under section 23-125, of this Subdivision 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 ordecision-making functions for the corporation.
(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) For a partnership or sole proprietorship, ageneral partner of 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
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(4) above if:
(a) the authorization is made in writing by the individual described above
in (1), (2), (3), or (4); and
(b) 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;
(c) the written authorization is submitted to the City. If an authorization
is no longer accurate because a different individual or position has
responsibility, anew authorization must be submitted to the City prior
to or together with any reports signed by an authorized representative.
Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five days at twenty (20)
degrees Centigrade, expressed as parts per million by weight or in terms of milligrams per
liter.
Bypass: The intentional diversion of waste streams 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.
City: The City of Richland Hills, Texas.
Chemical Oxygen Demand (COD): A measure of the oxygen consuming capacity of
inorganic matter present in the water or wastewater expressed in mg/L as determined by
the amount of oxidant consumed from a chemical reflux. Such term does not, however,
differentiate between stable and unstable organic matter, and therefore does not
necessarily correlate with biochemical oxygen demand.
Combined Wastestream Formula (CWF): A procedure found in 40 CFR 403.6 (e) for
calculating fixed alternative discharge limits at industrial facilities applicable when regulated
process wastewater, subject to a categorical pretreatment standard, is mixed with
non-regulated wastewaters prior to treatment.
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• 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 a 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 fora 24-hour period).
(2) Flow Proportional Composite Sample: A sampling method which combines
discrete samples collected over time, based on the flow of the waste stream
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 the stream flow [e.g., 200 milliliters of sample collected for every
5,000 gallons discharged]. The other method collects samples of varying
volume, based on stream flow, at constant time intervals.
Control Authority: The City of Fort Worth, Texas as holder of the respective Texas
Pollutant Discharge Elimination System (TPDES) permit.
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 Public Works of the City, or his/her authorized representative.
Discharger: Any 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.
EPA: Environmental Protection Agency of the federal government.
Existing Source: Any source of discharge, the construction or operation of which
commenced prior to the publication by the EPA of proposed categorical pretreatment
standards, which will be applicable to such source if the standard is thereafter promulgated
in accordance with Section 307 of the Act.
Garbage: Solid waste from domestic or commercial preparation, cooking or dispensing
of food or from the handling, storage, and sale of produce.
gpd: gallons per day
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
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• collected over a period of time not exceeding 15 minutes.
Indirect Discharge or Discharge: The introduction of pollutants into a POTW from any
non-domestic source regulated under section 307(b), (c) or (d) of the Act.
Industrial Waste: Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade, or business process orfrom the development, recoveryor processing
of natural resources.
Industrial User or User: a source of Indirect Discharge.
Instantaneous Maximum Allowable Discharge Limit: The maximum concentration of
a pollutant allowed to be discharged at any time, determined from the analysis of any
discrete or composite sample collected, independent of the industrial flow rate and the
duration of the sampling event.
Interference: A discharge which, alone or in conjunction with a discharge or discharges
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 TPDES
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.
May: Is permissive.
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.
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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 orwastewatergenerating 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.
• 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 under this definition has commenced if the owner or operator has;
(A) Begun, or caused to begin as part of a continuous onsite construction
program;
(i) any placement, assembly, or installation of facilities or
equipment; or
(ii) significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessaryforthe placement, assembly, orinstallation of new
source facilities or equipment; or
(B) Entered into a binding contractual obligation for the purchase of
facilities or equipment which is 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 definition.
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Noncontact Cooling Water: Water used for cooling which does not come into direct
contact with raw materials, intermediate product, waste product, or finished product.
O and M (or 08~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 waters of the United
States in quantities or concentrations which are a cause of or significantly contribute to a
violation of any requirement of the POTW's TPDES permit.
Permit: Wastewater Discharge Permit, issued to non-domestic dischargers 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.
pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in
grams per liter of solution.
Pollutant: Dredged spoil, solid, waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and
agricultural waste discharged into water.
POTW (Publicly Owned Treatment Works): Any sewage treatment plant owned and
operated by an entity (i.e. the Control Authority) other than a private industry and the
sewers, pipes and conveyances owned in whole or part by the Authority and/or Control
Authority that convey wastewater to the sewage treatment plant. 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.
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• Pretreatment Requirements: Any substantive or procedural requirement related to
pretreatment, other than a Pretreatment Standard, imposed on an industrial user.
Pretreatment Standard: The term "Pretreatment Standard," or "Standard" means
prohibited discharge limits established pursuant to 40 CFR Part 403.5, categorical
pretreatment standards, and local limits.
Public Works Utility Superintendent (or Superintendent): Public Works Utility
Superintendent of the City, or his authorized representative.
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 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 (SIU): All industrial users subject to categorical pretreatment
standards and any other industrial user that:
(1) 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);
(2) contributes a process waste stream which makes up 5 percent or more of the
average dry weather hydraulic or organic capacity of a POTW; or
(3) 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.
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•
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.
Slug or Slug Load: Any discharge of anon-routine, episodic nature, including but is not
limited to an accidental spill or anon-customary batch discharge.
Standard Industrial Classification (SIC) Code: A classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and
Budget.
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.
Storm Water: Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation including snowmelt.
• Total Suspended Solids (TSS): Solids that either float on the surface of, or in suspension
in, water, sewage or other liquid and which are removable by laboratory filtering.
Total Toxic Organics (TTO): The sum of masses or concentration of the toxic organic
compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in
industrial users' discharges at a concentration greater than 0.01 mg/L. Only those
parameters reasonably suspected to be present, to be determined by the City, if any, shall
be analyzed for with non-categorical industries. With Categorical industries, TTO's will be
sampled for as stipulated in the particular category or those parameters reasonably
suspected to be present, to be determined by the City, where not stipulated.
Texas Pollutant Discharge Elimination System (TPDES) Permit: Permit issued by the
Texas Commission on Environmental Quality under authority delegated pursuant to 33
USC 1342(b) that authorizes the discharge of pollutants to waters of the United States,
whether the permit is applicable on an individual, group or general area-wide basis.
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; 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
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• units; nor pH value of less than 5.5 nor higher than 11.0 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 Subdivision, due to factors
beyond the reasonable control ofthe 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.
U.S.C: United States Code
Wastewater: Liquid and water-carried industrial waste and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the POTW.
Sec. 86-87. Purpose and policy.
(a) This Subdivision 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 Subdivision is
to set forth uniform requirements for industrial dischargers into the Authority's
wastewater collection and treatment systems, and to enable the Authority to
• protect the general public's health and POTW personnel in conformance with
all applicable state and federal laws relating thereto, including the Clean
Water Act. Parts of this Subdivision are enacted pursuant to regulations
established by the U.S. Environmental Protection Agency (EPA) as set forth
in 40 CFR Part 403 and all applicable State and Federal laws, including the
Clean Water Act (33 United States Code 1251 et seq.) and as set forth in 40
CFR Part 403.
(b) 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
Subdivision, as will EPA regulations regarding sewage pretreatment
established pursuant to the Act, and amendment of this Subdivision to
incorporate such changes shall not be necessary. The Authority shall
maintain current standards and regulations which shall be available for
inspection and copying.
(c) The objectives of this Subdivision 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
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• 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;
(3) To improve the opportunity to recycle or reclaim municipal and
industrial wastewaters and sludges;
(4) To provide for the fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the POTW; and
(5) To enable the Authority to comply with its TPDES permit conditions,
sludge and disposal requirements, and any other Federal and State
laws to which the POTW is subject.
(d) The regulation of discharges into the Authority's wastewater system under
this Subdivision shall be accomplished through the issuance of permits, as
specified in section 86-90, and by monitoring and inspection of facilities,
according to this Subdivision.
• (e) The Director shall have the authority to promulgate such administrative
regulations as are from time to time necessary for the enforcement of this
Subdivision.
Sec. 86-88. Discharge prohibitions and limitations.
(a) 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.
(b) PROHIBITED DISCHARGES
(1) No person shall discharge or cause to be discharged any storm water,
surface water, ground water, artesian well water, roof runoff, subsurface
drainage, condensate, deionized water, noncontact cooling water, and
unpolluted wastewater or drainage from downspouts, yard drains, yard
fountains and ponds, or lawn sprays into any sanitary sewer.
(2) Water from unpolluted industrial water or cooling water from various
equipment shall not be discharged into sanitary sewers if an alternate
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• 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 is metered and meets the discharge prohibitions
and limitations of this Subdivision.
(3) No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference. These
general prohibitions apply to all users of the POTW whether or not they are
subject to categorical pretreatment standards or any other National, State,
or local Pretreatment standards or requirements.
(c) PROHIBITED SEWER CONNECTIONS
It shall be unlawful for any person to deposit or discharge into the sanitary sewer any
liquid or solid waste, including trucked or hauled wastes, unless such deposit or discharge
has been approved by the Authority.
(d) 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:
(1) Temperature. Any liquid or vapor having a temperature higher than one
hundred fifty degrees (150) Fahrenheit (65 degrees Centigrade);
(2) Solidifying Substance. Any water or waste which contains wax, grease, oil,
petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin,
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;
(3) Explosive. Pollutants which create a fire or explosion hazard in the sewer
system or POTW, including, but not limited to, waste streams 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, naphtha, etc., which by reason of their chemical
properties or quantity may be sufficient, either alone or by interaction, to
cause fire or explosion.
(4) Obstruction. 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, asphalt, concrete,
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cement, 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;
(5) Garbage. 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) Gases. Any noxious or malodorous liquids, gases, solids, or other
wastewater which, either singly or by interaction with other wastes, are
sufficient to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance and repair;
(7) Slud e. 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 Subdivision. 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;
(8) TPDES. Any substance which will cause the POTW to violate its TPDES or
other disposal system permits, or the receiving strgam water quality
standards;
(9) Objectionable Color. Any substance with objectionable color which cannot
be removed by the treatment process, such as, but not limited to, dye wastes
and vegetable tanning solutions;
(10) SluQload. Any dump or slugload;
(11) Hazard to human life. Any wastewater which causes a hazard to human life
or creates a public nuisance;
(12) Toxicity Test. Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test; Total Toxic
Organics in excess of 2.13 mg/L collected as a grab sample;
(13) Swimming Pool. Swimming pool drainage from private residential pools may
not be discharged to the sanitary sewer system. Swimming pool drainage
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• from public and semi-public swimming pools may be discharged to the
POTW with the prior consent of the Authority. Swimming pool filter
backwash may be discharged to the POTW;
(14) Detergents. Detergents, surface-active agents, or other substances which
may cause excessive foaming in the POTW;
(15) Medical Waste. Medical wastes, except as specifically authorized by the
Authority in a wastewater discharge permit;
(16) Pollutants. Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health and
safety problems.
(17) Interference. Any Pollutant, including oxygen-demanding pollutants (BOD,
etc.) released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will cause
Interference with the POTW.
(18) Oils. Petroleum oil, non-biodegradable cutting oil, or product of mineral oil
origin in amounts that will cause Interference or Pass Through.
(19) Trucked or Hauled Pollutants. Trucked or hauled pollutants, except at
discharge points designated by the Authority in accordance with section 86-
88(c) of this Subdivision.
(e) WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged, directly or indirectly, into any
sanitary sewer any wastewater containing or having:
(1) Fats, oils. and greases. Free or emulsified fats, oils, and greases exceeding
200 mg/L as determined by approved EPA method listed in 40CFR Part 136.
A concentration of 200 mg/L is allowable providing the Authority has
specifically determined that the waste: a) derives from animal or vegetable
materials; b) biodegrades readily in the POTW; c) does not cause an
obstruction of flow in the sewer line; and d) the discharge is pretreated by
discharge through an approved grease trap or other pretreatment process.
(2) Acids or alkalies. 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.
(3) Metals. Metals in the form of compounds or elements with total
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concentrations exceeding the following:
MAXIMUM DAILY
AVERAGE (mg/L)
Arsenic 0.25
Cadmium 0.15
Chromium 5.0
Copper 4.0
Lead 2.9
Mercury 0.01
Nickel 2.0
Silver 1.0
Zinc 5.0
(4) Cyanide. Cyanide or cyanogen compounds (expressed as total Cn) in
excess of 1.0 mg/L.
(5) Gases. Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10 parts
per million.
(6) Radioactive. Radioactive wastes or isotopes with ahalf-life or concentration
exceeding limits established by the Authority in compliance with applicable
state or federal regulations.
(7) Toxics. 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.
(8) Temperature. A temperature which inhibits or interferes with biological
activity in the POTW treatment plant. In no case shall wastewater be
introduced which would have a temperature exceeding 40 degrees C (104
degrees F) upon entering the POTW treatment plant.
(9) Categorical. Pollutants in excess of the limitations established in an
applicable categorical pretreatment standard set forth in Title 40 of the Code
of Federal Regulations.
(10) Explosive. Wastewaters which emanate vapors causing the atmosphere in
the sewer system to exceed 20 percent of the lower explosive limit in the
immediate area of the discharge.
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• (f) ACCIDENTAL DISCHARGE/SLUG CONTROL PLAN
At least once every two (2) years, the Authority shall evaluate whether each
significant industrial user needs accidental discharge/slug control plan. The Authority may
require any user to develop, submit for approval, and implement such a plan. Alternatively,
the Authority may develop such a plan for any user. An accidental discharge/slug control
plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Authority of any accidental or slug
discharge, as required by section 86-89 of this Subdivision; and
(4) Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance
of storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, building of
containment structures or equipment, measures for containing toxic organic
pollutants, including solvents, and/or measures and equipment for
emergency response.
Sec. 86-89. Special rules relating to industrial dischargers.
(a) COMPLIANCE WITH STANDARDS
(1) Applicable Laws. All dischargers shall be subject to those Federal, State,
and local requirements and limitations which are the most stringent.
(2) Dilution. 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 Subdivision.
(3) Mass Limitations. Where deemed appropriate the Authority may apply mass
limitation expressed in pounds per day of pollutant discharged.
(4) Categorical Pretreatment Standards.
(A) Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Authority may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
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(B) When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, Director
shall impose an alternate limit using the combined waste stream
formula in 40 CFR 403.6(e).
(C) A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13, that factors relating to its
discharge are fundamentally different from the factors considered by
EPA when developing the categorical pretreatment standard.
(D) A user may obtain a net gross adjustment to a categorical standard in
accordance with 40 CFR 403.25.
(b) ACCIDENTAL DISCHARGE
(1) Each discharger shall provide protection from accidental discharge of
prohibited or regulated materials or substances established by this
Subdivision. 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 Subdivision.
(2) Dischargers shall notify the Authority immediately upon the occurrence of a
"slug" or accidental discharge of substances prohibited by this Subdivision.
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 wastewater system and the POTW, in addition to the
amount of any fines imposed on the Authority under state or federal law.
(3) 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.
(c) WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS
All dischargers who discharge wastewater into a private sewer system shall comply
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• with this Subdivision including section 86-90; 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 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 term of this Subdivision.
(d) PROHIBITION OF BYPASS
(1) B ass. Bypass of a discharger's treatment equipment or treatment facility
is prohibited and the Authority may take enforcement action against the
discharger unless:
(A) The bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage, and;
(B) 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;
(C) The discharger submitted advanced, written notice of the need for a
bypass.
(2) The discharger shall submit oral notice to 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 prevent the
reoccurrence of the bypass, and must be signed by the Authorized
Representative of the discharger.
(3) 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 subsection (a).
(e) NOTIFICATION OF HAZARDOUS WASTE DISCHARGES
All dischargers shall notify the Authority, the Control Authority, the EPA's Regional
Waste Management Division Director, and the Approval Authority in writing of any
discharge into a wastewater system or POTW of any substance, which, if otherwise
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• disposed of, would be a hazardous waste under 40 CFR Part 261. Any notification under
this subsection must be submitted in conformance with 40 CFR Part 403.12 (p).
Sec. 86-90. Administration by permit.
(a) CLASSIFICATION OF DISCHARGERS AND PERMITS
(1) All non-domestic users which discharge into the sanitary sewer system of the
Authority shall be grouped according to the following definitions:
(A) Group I. Significant Industrial Users are defined in section 86-
86, Definitions.
(B) Group II. Commercial Facilities and Small Industrial Users are
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.
(C) Group III. Classed High Strength Users are restaurants, car
• washes or other businesses which can be classed
according to an average strength or abnormal strength
of their wastewater.
(D) Group IV. Wastewater Haulers are transporters of wastewater
desiring to discharge into the Authority's sanitary
sewage system.
(2) All Group I dischargers shall submit a Wastewater Discharge Permit
Application to the Authority on a form provided by the Authority. The
Application shall contain:
(A) All information required by section 86-90(c).
(B) Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemical used or
stored at the facility which are, or could accidentally or intentionally
be, discharged into the POTW;
(C) Number and type of employee, hours of operation, and proposed or
actual hours of operation;
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• (D) Each product produced by type, amount, process or processes, and
rate of production;
(E) Type and amount of raw materials processed (average and maximum
per day);
(F) Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
(G) Time and duration of discharge; and
(H) Any other information as may be deemed necessary by the Authority
to evaluate the wastewater discharge permit application.
All Group II, III and IV dischargers shall submit an industrial Waste
Questionnaire. The questionnaire will be reviewed by the Public Works Utility
Superintendent or authorized representative. If deemed necessary, Group
II, III or IV dischargers may also be required to obtain a Permit as outlined
herein.
(3) No new Group I user shall be allowed to discharge until issued a valid permit.
(4) 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
shalt 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.
(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 Authority's
determination that the applicant cannot meet the wastewater discharge
limitations of this Subdivision, the Authority may specify that the applicant be
required to provide pretreatment of the waste before it is deemed acceptable
for sewer discharge.
(6) Where additional pretreatment and/or operation and maintenance activities
will be required to comply with this Subdivision, pursuant to subsection (a)(5)
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.
(A) The schedule shall contain milestone dates for the commencement
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• 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 Subdivision 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 Subdivision.
(B) The time increments established between milestone dates 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 9 months. The completion
date in this schedule shall not be later than the compliance date
established for applicable categorical pretreatment standards.
(C) 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.
(7) 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 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 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.
(b) 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.
(1) Wastewater Discharge Permit Transfer may be transferred to a new owner
or operator only if the permittee gives at least Ninety (90) days advance
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• notice to the Authority and the Authority approves the wastewater discharge
permit transfer. The notice to the Authority must include a written certification
by the new owner or operator which:
(A) States that the new owner and/or operator has no immediate intent to
change the facility's operations and process;
(B) Identifies the specific date on which the transfer is to occur; and
(C) Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as the date of facility transfer.
(2) Wastewater Discharge Permit Requirements:
(A) A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years;
(B) A statement that the wastewater discharge permit is nontransferable
without prior notification to the City in accordance with section 86-
• 90(b)(1) of this Subdivision, and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge
permit;
(C) Effluent limits based on applicable general pretreatment standards as
set forth in CFR part 403, categorical pretreatment standards, local
limits, and state and local law;
(D) Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include and identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on Federal, State, and local law; and
(E) Permits shall contain a statement of the civil and criminal penalties for
violation of pretreatment standards and requirements and any
applicable compliance schedule. Such schedule may not extend the
time for compliance beyond that required by Federal, State, and local
law.
(3) Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
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• (A) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(B) Requirements forthe installation of pretreatmenttechnology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into the
treatment works;
(C) Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or
nonroutine discharges;
(D) Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW, the unit
charge or schedule of user charges and fees for the management of
the wastewater discharge to the POTW;
(E) The unit charge of schedule of user charges and fees for
management of the wastewater discharge to the POTW;
(F) Requirements for installation and maintenance of inspection and
• sampling facilities and equipment;
(G) A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with all
applicable Federal and State pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit; and
(H) Other conditions as deemed appropriate by the Authority to ensure
compliance with this Subdivision, and State and Federal laws, rules,
and regulations.
(c) REPORTING REQUIREMENTS FOR DISCHARGERS
(1) 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 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
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• pretreatment standards are being met on a consistent basis and, if not, what
additional O & M or pretreatment is necessary to bring the discharger into
compliance with the applicable categorical pretreatment standards. The
report shall also contain:
(A) Identifying Information. The name and address of the facility,
including the name of the operator and owner.
(B) Environmental Permits. A list of any environmental control permits
held by or for the facility.
(C) Description of Operations. A brief description of nature, average rate
of production, standard industrial classifications of the operation(s)
carried out by such user. This description should include a schematic
process diagram which indicates points of discharge to the POTW
from the regulated processes.
(D) Flow Measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from
regulated process streams and other streams, as necessary, to allow
use of the combined waste stream formula set out in 40 CFR
403.6(e).
• (E) Measurement of Pollutants.
(i) The categorical pretreatment standards applicable to each
regulated process.
(ii) The result of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or
by the Authority, of regulated pollutants in the discharge from
each regulated process. Instantaneous, daily maximum, and
long-term average concentrations, or mass, where required,
shall be reported. The sample shall be representative of daily
operations and shall be analyzed in accordance with
procedures set out in section 86-90 of this Subdivision.
(iii) Sampling must be performed in accordance with procedures
set out in section 86-90(c)(4).
(F) Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not whether additional operation and maintenance (O&M)
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• and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(G) Compliance Schedule. If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule by
which the user will provide such additional pretreatment and/or 08~M.
The completion date in this schedule shall not be later than the
compliance date established forthe applicable pretreatment standard.
A compliance schedule pursuant to this Subdivision must meet the
requirements set out in section 86-90 of this Subdivision.
(H) Signature and Certification. All baseline monitoring reports shall be
signed by an Authorized Representative and certified by a qualified
professional as stated in 40 CFR Part 403.12(b)(6).
(2) 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 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 & 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.
(3) Periodic Compliance Reports. Any discharger subject to a categorical
pretreatment standard made a part of this Subdivision shall submit to the
Authority a report indicating the nature and concentration of prohibited or
regulated substances in the 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 of a new discharger,
after commencement of the discharge, and are to be submitted at least once
every six months (on dates specified by the Authority). 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 section 86-90. 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
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• submission of said reports on months other than those specified above.
(4) Analysis and Samplina Procedures.
(A) 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 of the EPA.
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.
(B) Sample Collection.
(i) Except as indicated in subsection (c)(4)(B)(ii), below, the user
must collect wastewater samples using flow proportional
composite collection techniques. In the event flow proportional
sampling is infeasible, the Authority may authorize the use of
• time proportional sampling or a minimum of four (4) grab
samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged. In
addition, grab samples may be required to show compliance
with instantaneous discharge limits.
(ii) Samples foroil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
(5) 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 subsection
(c)(4) of this section, the results of this monitoring shall be included in the
report.
(6) 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
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• with the techniques described in subsection (c)(4) of this section. This
sampling and analysis may be performed by the Authority in lieu of the
significant noncategorical industrial user.
(7) Notification of Changed Discharge. Dischargers shall give prior written
notification to the Authority of any significant change in the volume or
character of pollutants in the discharge.
(A) The notification to the Authority shall be received at least ninety (90)
days prior to change.
(B) The Authority may require the user to submit such information as may
be deemed necessary to evaluate the changed condition, including
the submission of a wastewater discharge permit application.
(C) The Authority may issue a wastewater discharge permit or modify an
existing wastewater discharge permit in response to changed
conditions or anticipated changed conditions.
(D) For purposes of this requirement, significant changes include, but are
not limited to, flow increases or decreases of twenty percent (20%) or
greater, the discharge of any previously unreported pollutants, and the
• deletion of any pollutant regulated by this Subdivision or a permit
issued pursuant to this Subdivision.
(8) Authority Monitoring. Sampling and analysis for the reports required by
subsections (c)(1), (2), (3) and (6) 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 be required to
submit the report or certifications.
(9) Si natory Requirements. All applications and compliance reports submitted
to 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 and for not reporting known
violations, including possibility of fine and imprisonment."
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(10) Wastewater Analysis. When requested by the Authority, a user must submit
information on the nature and characteristics of its wastewater within Thirty
(30) days of the request. The Authority is authorized to prepare a form for this
purpose and may periodically require users to update this information.
(d) INSPECTION AND FLOW MEASUREMENT
(1) Inspection.
(A) The Authority may inspect the facilities of any discharger to determine
compliance with the requirements of this Subdivision. The discharger
shall allow 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 Subdivision shall be made
available for copying and inspection by 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 charged with the
enforcement of this Subdivision shall be deemed to be performing a
• governmental function for the benefit and health and welfare of the
general public and neither 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.
(B) Facilities regulated under this chapter are subject to the authority of
the following agencies concerning access to information and right of
entry onto property for purposes of implementing and enforcing
federal and state pretreatment programs and other applicable law: (i)
the EPA under section 308 of the Federal Clean Water Act (33 U.S.C.
§ 3318), as amended; and (ii) the Texas Commission on
Environmental Quality (TCEQ) under sections 26.014 and 26.015 of
the Texas Water Code, as amended, and sections 361.032 and
361.037 of the Texas Health and Safety Code, as amended,
provisions of the Texas Water Code and Texas Health Safety Code.
(C) The industrial waste discharged or deposited into the sanitary sewers
shall be subject to periodic inspection and sampling as often as may
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• be deemed necessary by the Authority. Samples shall be collected
in such manner as to be representative of the character and
concentration 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.
(D) The Authority shall conduct surveillance activities in order to identify,
independent of information supplied by industrial users, occasional
and continuing noncompliance with pretreatment standards. The
Authority shall inspect and sample the effluent from each Significant
Industrial User at least once a year. The result of such activities shall
be available to the Approval Authority upon request.
(2) NOV/Repeat Sampling and Reporting. If sampling performed by an Industrial
User indicates a violation, the user shall notify the Control Authority within 24
hours of becoming aware of the violation. The User shall also repeat the
• sampling and analysis and submit the results of the repeat analysis to the
Control Authority within 30 days after becoming aware of the violation, except
the Industrial User is not required to resample if:
(A) The Control Authority performs sampling at the Industrial User at a
frequency of at least once per month; or
(B) The Control Authority performs sampling at the User between the time
when the User performs its initial sampling and the time when the
User receives the results of this sampling.
(3) 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 City's 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
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• W:1Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 29
• service charge.
Any discharger who procures all or part of its water supply from sources
other than the City's 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.
(e) PERMIT MODIFICATIONS
(1) 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:
(A) To incorporate any new or revised federal, state, or local pretreatment
standards or requirements.
(B) 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.
(C) 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.
(D) Information indicating that the permitted discharge poses a threat to
the Authority's collection and treatment systems, POTW personnel or
the receiving waters.
(E) Violation of any terms or conditions of the permit.
(F) Misrepresentation or failure to disclose fully all relevant facts in the
permit application or in any required reporting.
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(G) To correct typographical or other errors in the permit.
(H) To reflect transfer of the facility ownership and/or operation to a new
owner/operator.
(I) Upon request of the permittee, provided such request does not create
a violation of any applicable requirements, standards, laws, or rules
and regulations.
(2) All categorical pretreatment standards promulgated and adopted by the EPA
after the effective date of this Subdivision shall automatically become a part
of this Subdivision. Where a discharger, subject to a categorical
pretreatment standard, has not previously submitted an application for a
permit as required by section 86-90(a)(2), 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 Authority within 180
days after promulgation of an applicable categorical pretreatment standard,
the information required by section 86-90(c)(1). The discharger shall be
informed of any proposed changes in its permit at least 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 dischargerto the Authority or 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 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.
(B) If no claim of business confidentiality is asserted, all information will
be subject to public disclosure without further notice to the discharger.
(2) 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,"
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• "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.
(3) Nothing in this Subdivision 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.
(4) The provisions of this subsection shall be subject to any public disclosure
requirements which may exist under the Texas Public Information Act,
Chapter 552 of the Texas Government Code, as amended.
(g) WASTEWATER DISCHARGE PERMIT REISSUANCE
A user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit re-issuance by submitting a complete permit application, in accordance
• with section 86-90(a)(2) of this Subdivision, a minimum of ninety (90) days prior to the
expiration of the user's existing wastewater discharge permit.
Sec. 86-91. Enforcement.
(a) REVOCATION OF PERMIT
The Authority may revoke the permit or terminate water or sewer service of any
discharger which fails to:
(1) factually report the wastewater constituents and characteristics of its
discharge; or
(2) report significant changes in wastewater constituents or characteristics; or
(3) allow reasonable access to the discharger's premises by representatives of
the Authority for the purpose of inspection or monitoring; or
(4) pay sewer charges; or
(5) meet compliance schedules; or
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• (6) fulfill the conditions of its permit, or this Subdivision, or to obey any final
judicial order with respect thereto.
(b) NOTIFICATION OF VIOLATION
(1) Whenever the Authority finds that any discharger has engaged in conduct
which justifies revocation of a permit, pursuant to section 86-91(a), 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.
(2) Within 30 days of the date of receipt of the notice, the discharger shall
respond in person or in writing to 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.
(c) ADMINISTRATIVE ORDERS
Where the violation of section 86-91(a), hereof is not corrected by means of
enforcement action listed in section 86-91(b), the following enforcement escalations may
be used. Terms may or may not be negotiated with industrial users.
• (1) Consent Order. An agreement between the Authority and the industrial user
normally containing three elements: (1) compliance schedules (2) stipulated
fines or remedial actions; and (3) signatures of the Authority and Authorized
Representatives.
(2) Show Cause Order. An order which directs the user to appear before the
City to explain its noncompliance and show cause why more severe
enforcement actions against the user should not be levied. Typically used
after informal contacts or NOV's have failed to resolve noncompliance;
however, it can be used at anytime.
(3) Compliance Order. An order which directs the industrial user to achieve or
restore compliance by a date specified in the order. Terms need not be
discussed with the industry in advance. Typically used when noncompliance
cannot be resolved without construction, repair, or process changes, or to
require development of management practices, spill prevention programs,
and other pretreatment program requirements.
(4) Cease and Desist Order. An order which directs the noncompliant user to
cease illegal or unauthorized discharges immediately, or to terminate the
discharge altogether. Generally used in situations where the discharge could
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• W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 33
• cause interference or pass through, or otherwise create an emergency
situation.
(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 Authority on any matter covered by this Subdivision 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 Subdivision 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 system
or to comply with its TPDES permit or to comply with any contract the Authority has for the
treatment of wastewater.
(e) JUDICIAL PROCEEDINGS
The Authority, with respect to the conduct of any discharger contrary to the
provisions of this Subdivision may authorize its attorney to commence any legal action in
a court of competent jurisdiction for equitable and/or legal relief.
. (1) Injunctive Relief. When the Authority finds that a user has violated, or
continues to violate, any provision of this Subdivision, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Authority may petition, pursuant to Chapter 54
a District Court or other Court of proper jurisdiction of Tarrant County, Texas
through its Attorney for the issuance of a temporary or permanent injunction,
as appropriate, which restrains or compels the specific performance of the
wastewater discharge permit, order, or other requirement imposed by this
Subdivision on activities of the user. The Authority may also seek such other
action as is appropriate for legal and/or equitable relief, including a
requirement for the user to conduct environmental remediation. A petition for
injunction relief shall not be a bar against, or a prerequisite for, taking any
other action against a user.
(2) Civil Penalties. The Authority may also seek to recover civil penalties of up
to $5,000 per day pursuant to section 54.018 of the Texas Local Government
Code.
(3) Criminal Proceedings. Notwithstanding any notice provisions contained in
this Subdivision, any person who violates, disobeys, omits, neglects, or
refuses to comply with or who resists the enforcement of any of the
provisions of this Subdivision commits an offense. The person shall be fined
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• not more than Two Thousand Dollars ($2,000) for each offense.
(f) EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS
(1) 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 Subdivision or any Permit issued
pursuant to this Subdivision. 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.
(2) 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 water and/or wastewater service
shall be reconnected at the discharger's expense.
(g) OPERATING UPSETS
(1) In an action brought in municipal or state court, if a person can establish that
an event that would otherwise be a violation of this Subdivision or a permit
issued under this Subdivision was caused solely by an act of God, war,
strike, riot, or other catastrophe, the event is not a violation of this
Subdivision or the permit. In an enforcement proceeding, the user seeking
to establish the occurrence of an act of God, war, strike, riot, or other
catastrophe shall have the burden of proof. In the event that an act of God,
war, strike, riot, or other catastrophe has been established the user shall
control production of all discharges to the extent possible until such time as
the reduction, loss, or failure of its treatment facility is restored or an
alternative method of treatment is provided.
• Industrial Waste Ordinance 2006
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• (2) Any discharger who experiences an upset in operations which places the
discharger in a temporary state ofnon-compliance with this Subdivision shall
inform 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:
(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.
(3) 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 Subdivision which arises out of violations alleged to have occurred during
• the period of the upset.
(h) 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 Authority's wastewater system, shall be
liable to the Authority for any expense, loss, or damage caused by such violation or
discharge. The Authority shall bill the discharger for the costs incurred by 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.
(i) 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 Subdivision, or falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Subdivision, shall, upon conviction, be
punished as provided in section 86-91(e)(3) of this Subdivision.
(j) POTW PRETREATMENT REQUIREMENTS
All POTW's shall be able to seek injunctive relief for noncompliance by Industrial
Industrial Waste Ordinance 2006
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• Users with Pretreatment Standards and Requirements. All POTWs shall also have authority
to seek or assess civil or criminal penalties in at least the amount of $1,000 a day for each
violation by Industrial Users of Pretreatment Standards and Requirements. POTWs whose
approved Pretreatment Programs require modification to conform to the requirements of
this subsection shall submit a request for approval of a program modification in accordance
with §403.18, unless the State would be required to enact or amend a statutory provision,
in which case the POTW shall submit such a request.
Sec. 86-92. Miscellaneous provisions.
(a) NET/GROSS 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.
(b) PRESERVATION OF RECORDS
All dischargers subject to this Subdivision 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.
(c) COSTS OF ADMINISTERING PROGRAM
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 Subdivision. Such charges may include, but are not limited to:
(1) permitting industrial facilities;
(2) inspection;
(3) sample analysis;
(4) monitoring; and
(5) enforcement.
(d) RIGHT OF REVISION
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• The Authority reserves the right to amend this Subdivision to provide for more or
less stringent limitations or requirements on discharges to the sanitary sewer or POTW
where deemed necessary to comply with the objectives set forth in section 86-87 of this
Subdivision.
(e) PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS
The Authority shall annually publish in the Authority's official 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 POTW's TPDES permit. The Director, or the Director's
designee, shall be responsible for calculating the users who have committed significant
violations."
SECTION 2.
PROVISIONS CUMULATIVE
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 the conflicting provisions of such ordinances and such Code are
hereby repealed. Ordinance No. 643-91, adopted on November 26, 1991, is hereby
repealed.
SECTION 3.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
clause sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
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• W:\Richland Hillsl0rdinance\Industrial.Waste\Industrial.Waste.Ord.Fonn.wpd Page 38
• the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption,
penalty clause, publication clause and effective date of this Ordinance twice in the official
city newspaper as authorized by Section 52.013 of the Local Govemment Code.
SECTION 5.
PUBLICATION IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general
distribution among the public, and the operative provisions of this ordinance and the
• exhibits to this ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof.
SECTION 6.
PENALTY CLAUSE
Notwithstanding any notice provisions contained in this Ordinance, any person, firm,
or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who
resists the enforcement of any of the provisions of this Ordinance shall be fined not more
than Two Thousand Dollars ($2,000) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense. Additionally, the City may seek
injunctive relief pursuant to section 54.016, Texas Local Government Code and civil
penalties of up to $5000 per day pursuant to section 54.017, Texas Local Government
Code.
Industrial Waste Ordinance 2006
• W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 39
• SECTION 7.
SAVINGS CLAUSE
All rights and remedies of the City of Richland Hills are expressly saved as to any
and all violations of the provisions of Chapter 86 which have accrued at the time of the
effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall
not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 1.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
I K5
PASSED AND APPROVED ON THIS _ DAY OF~ x~2~~'~t.,_, 2006.
I ' v' TH HONORABLE NELDA STRODER, MAYOR
,v
ATTEST:
'$io~~rn n i ni~~~~~`~`
F
IM UTTER, CITY SECRETARY
EFFECTIVE:__ ~
~ _
Industrial Waste Ordinance 2006
• W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Fortn.wpd Page 40
APPROVED O FORM AND LEGALITY:
TIM G. SRALLA, CITY A ORNEY
•
Industrial Waste Ordinance 2006
• W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 41
INVOICE I~~~~I~ or,fy
Star-Telegram Customer ID: CIU08
400 W. 7TH STREET Invoice Number: 267496521
FORT WORTH, TX 76102
• (817) 390-7761 Invoice Date: 3/17/06
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 3/31/06
Bill To: PO Number:
CITY OF RICHLAND HILLS
3200 DIANA DR Order Number: 26749652
RICHLAND HILLS, TX 76118-6237 Sales Rep: 073
Description: ORDINANCE NO. 1
Publication Date: 3/17/06
Description .a~,r,., Location Col Depth Linage 1~1U Rate Amount
ORDINANCE NO. 1049-06 AN ORDIN I3580 1 78 78 LINE $0.53 $41.34
ORDINANCE NO.
1049-06
A~IHEOFlDICITYCE OF
IIRICHLAND HILLS Net AmOUnt: $41.34
TEXAS REQUIRING;
PERMITS TO DIS-
CHARGE INDUS-
' TRIAL WASTE INTO
HILLS SANITANRD
SEWER SYSTEM•
AUTHORIZING THE
DIRECTOR OF
PUBLIC WORKS TO
PROMULGATE
REGULATIONS
PERTAINING TO
PROVIDING I FOB
DEFINITIONS PRO- i
VIDING THAT HIS I
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ALL ORDINANCES;
REPEALING ORDI-
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PROVIDING A SEV- `~f-
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PROVIDING APEN- :a~1~,gPS~s CHRISTYL.HOLLAND ~I•
ALTY FOR VIOLA- . ~
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-FOR PUBLICATION ;
LAW RPROVIDING A <,r,.'SF 6+`0~ July 31,200$
THE STATE OF TEXAS SAVINGS CLAUSE ~-••~^•--A
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Before me, a Nota Publi PROV1s1oNS coN- and State, this da ersonall a eared Lisa Wesselman, Bid and Le I Coordinator
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for the Star-Telegram, put pER30N FEIIM oR 'gram, Inc. at Fort Worth, in Tarrant County, Texas; and who, offer being duly sworn, did
de ose and sa that the c o R P d R A T f O N an advertis ent was published in the above named paper on the listed dates: BIDS &
p y WHO VIOLATES,
LEGAL DEPT. STAR TLEGRA NEGLECTS oMITOS~ t
(817) 390-7320 PLY WITH OR WHMO
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ANY OF THE PRO- ~Igned
VISIONS OF THIS
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BE FINED NOT
SUBSCRIBED AND SWORN' MHOUSArvo N Do° Aonday, March 20,
LABS ($2,000) FOR
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CIDTDYTI MAY LY$EEK dotary Public L~'-
INJUNCTIVE RELIEF
PURSUANT TO
Thank You For Yo SECTION 54.,06,
TEXAS LOCAL
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PURSUANT TO
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Star-Tele ,4 H ~[iAY of Customer ID: CIU08
MARCH 2006.
P.O. BOX 90105I-- Customer Name: CITY OF RICHLAND HILLS
FORT WORTH, TX 76101-2051 Invoice Number: 267496521
Invoice Amount: $41.34
PO Number:
. ,:a ~ .m...
Amount Enclosed
PRETREATMENT PROGRAM
CITY OF RICHLAND HILLS, TEXAS
ENFORCEMENT RESPONSE PLAN
I. PURPOSE
The purpose of this document is to outline the procedures to be followed by the City
Staff to identify, document, and respond to pretreatment program violations.
II. ELEMENTS OF THE PLAN
A comprehensive and effective enforcement plan must reflect the City's primary
responsibility to enforce all applicable pretreatment standards and requirements. The City
will enter into a contract with the City of Fort Worth to provide personnel and testing
services in its enforcement response. Accordingly, the Enforcement Response Plan of the
City of Fort Worth is incorporated into this document by reference.
A. Industrial User Inventory
An initial component of an enforcement plan is the industrial user inventory. The
• General Pretreatment regulations require that an updated list of industrial users be
submitted on an annual basis by the Control Authority to the Approval Authority, the Texas
Commission on Environmental Quality ("TCEQ") in the year-end report. This list must
contain information denoting whether these industries are regulated by categorical
standards, local limits, or both the categorical and local limits.
A responsible party must be designated and assigned to keeping the Industrial User
Master Inventory accurate and up-to-date. Review of The Master Inventory will be done
quarterly and updated as required. The Master Inventory will be maintained in the
pretreatment files; a current copy will be provided to the Manger, Pretreatment Services
Division, City of Fort Worth in December and June of each year.
The following will be available and utilized in maintaining an accurate Master
Inventory:
1. City water records for commercial/industrial accounts.
2. Periodic review of area telephone books.
3. Periodic review of the Manufacturing Directories and the Manufacturer's
Registers.
4. Physical inspections of commercial areas and industrial parks.
5. Contact and communication with City Departments, (i.e. Plumbing Inspection
Occupancy Permits) to learn of new connections.
6. Industrial User Survey Questionnaires. These questionnaires are to be
completed by all users identified on the Master Inventory.
• Users on the Master Inventory will be identified as to whether they are Significant
Industrial Users (SIU's) according to 40 CFR Part 403.3(t)(1)(i)(ii). Upon a finding that a
SIU identified under Part 403.3(t)(ii) has no potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement, the Control Authority
(City of Fort Worth) may determine that such industrial user is not a significant industrial
user.
Users identified as SIU's and permitted will be subject to the Control Authority's
Pretreatment Program (City Of Fort Worth) in accordance with 40 CFR Part 403.8
Pretreatment Program Requirements: Development and implementation by POTW.
Monitoring and sampling shall be accomplished in such a manner that the results are
admissible as evidence in judicial proceedings.
Compliance data may be collected in two (2) ways:
1. Self-monitoring by industrial users, with findings reported to the City.
Self-monitoring requirements for industrial users are found in 40 CFR Part 403.12 and 40
CFR Part 136 as well as specific requirements as may be imposed by control documents
(permit) issued by the City. The results of all such self-monitoring, as accomplished in
accordance with 40 CFR Parts 403.12 and 136 shall be reported on a monthly basis to the
City.
• 2. Inspections and direct sampling by the City.
The City will conduct monitoring and sampling in accordance with 40 CFR Parts 403 and
136 and any applicable pretreatment standard.
B. Compliance Tracking
Once collected and assimilated, all compliance data must be systematically
analyzed to identify violations. This process must identify all violations, including those of
anon-discharge nature, and must accurately determine the compliance status of each
significant user. Significant Non-Compliance (SNC) status of significant industrial users
(SIU's) shall be determined and published using the criteria for determining SNC by the
Director of Public Works or his/her designee.
Personnel shall be assigned responsibility for initially screening all compliance data
and identifying all pretreatment violations concerning SIU's. Information shall be reviewed
for compliance associated with:
1. Program requirements;
2. Ordinance requirements;
3. Pretreatment requirements; and
4. Permit requirements.
•
• Compliance status shall be documented by use of standardized methods and
procedures as developed by the Control Authority (Fort Worth) unless the procedures and
methods in use are comparable and comprehensible. Such documentation will be kept on
file in accordance with 40 CFR Part 403.12(0). The City will supply the Control Authority
this documentation on no less than a quarterly basis unless contractual agreements state
otherwise.
C. Response Actions
Following the identification of a pretreatment violation, including the determination
as to its significance (in accordance with the General Pretreatment Regulations as revised),
the most appropriate enforcement response will be selected and applied. This response
must be proportionate to the violation severity, promote compliance in a timely manner, and
be authorized under State law and the City's Industrial Waste Ordinance.
The following is a list of enforcement response actions available for use in the City:
1. Notice of Violation
2. Administrative Orders
A. Consent Order
B. Show Cause Order
C. Compliance Order
. D. Cease and Desist Order
3. Civil Litigation
A. Consent Decree
B. Injunction
C. Civil Penalty/Cost Recovery
4. General Complaint Citations
5. Criminal Prosecution
6. Termination of Sewer and/or Water Service
7. Supplemental Enforcement Actions (BMPs, EMS, P2)
8. Public Notice
9. Increased Monitoring and Reporting
A brief description of each of these response action alternatives is presented below,
including an example of each where applicable. It should be noted that the Enforcement
Response Guide which constitutes the last section of this plan clarifies the specific uses
of each enforcement action, and includes the identification of which positions are
authorized to issue specific orders or initiate the appropriate enforcement actions.
1. Notice of Violation. An official communication from the City to the
noncompliant industrial user which informs the user that a pretreatment
violation has occurred. Multipurpose use -for non-significant violations, and
for significant violations (generally in conjunction with additional actions.)
Example attached.
•
• 2. Administrative Orders. Enforcement documents which direct industrial users
to undertake or to cease specified activities. Terms may or may not be
negotiated with industrial users. Generally used as first formal response to
significant noncompliance (unless more severe action is justified) and may
incorporate compliance schedules, administrative penalties, and termination
of service. The City will utilize four types of Administrative Orders: An
example of each type of order is attached.
A. Consent Order. An agreement between the City and the industrial
user normally containing three elements: (1) compliance schedules
(2) stipulated fines or remedial actions; and (3) signatures of City and
industry representatives.
B. Show Cause Order. An order which directs the user to appear before
the City to explain its noncompliance, and show cause why more
severe enforcement actions against the user should not be levied.
Typically used after informal contacts or NOV's have failed to resolve
noncompliance; however, it can be used at any time.
C. Compliance Order. An order which directs the industrial user to
achieve or restore compliance by a date specified in the order. Terms
need not be discussed with the industry in advance. Typically used
• when noncompliance cannot be resolved without construction, repair,
or process changes, or to require development of management
practices, spill prevention programs, and other pretreatment program
requirements.
D. Cease and Desist Order. An order which directs the noncompliant
user to cease illegal or unauthorized discharges immediately, or to
terminate the discharge altogether. Generally used in situations
where the discharge could cause interference or pass through, or
otherwise create an emergency situation.
3. Civil Litigation. The formal process of filing lawsuits against industrial users
to secure court ordered action to correct violations and to secure penalties
for violations including the recovery of costs to the City for the
noncompliance. Normally pursued when the corrective action required is
costly and complex, or when the industrial user is considered recalcitrant and
unwilling to cooperate. The City will typically utilize three types of Civil
Litigation:
A. Consent Decree. Agreement between the City and the industrial user
reached after the lawsuit has been filed. Signed by the judge
assigned to the case.
B. Injunction. Agreement between the City and the industrial user
•
• reached after the lawsuit has been filed. Signed by the judge
assigned to the case.
C. Civil Penalties/Cost Recovery. Reimbursement to the City of all
expenses incurred in responding to noncompliance, including
restoration of the physical plant, payment of medical treatment of
injured employees, and indemnification of the City for all fines
assessed against it for discharge permit violations, which is generally
higher than administrative fines.
4. General Complaint Citations. Citations may be issued under the City's
authority to enforce ordinances. The citations are criminal actions
administered through the City's Municipal Court.
5. Criminal Prosecution. The formal process of charging individuals and/or
organization with violations of ordinance provisions that are punishable (upon
conviction) by fines and/or imprisonment. The purpose of criminal
prosecution is to punish noncompliance through court proceedings and to
deter future noncompliance.
6. Termination of Sewer and/or Water Service. The revocation of an industrial
user's privilege to discharge wastewater regulated by Pretreatment Services
• Division into the City's sewer system. Termination may be accomplished by
physical severance of the industry's connection to the sewer system, by use
of an Administrative Order, or by a court ruling. This action will be
considered to be an appropriate response to industries, which have not
adequately responded to previous enforcement actions. This action requires
prior notice to the industrial user sufficient to avoid backflows, spills, or other
harm to the treatment facility. An example of such notice is attached. The
City's ordinance also provides for the termination of water service, in addition
to sewer service termination.
7. Supplemental Enforcement Actions: Best Management Practices (BMPs),
Environmental Management System (EMS) Implementation, Pollution
Prevention Programs (P2). When an industrial user has demonstrated a
history of noncompliance the City may at its discretion require the Industrial
User to initiate Best Management Practices, the development and
implementation of an Environmental Management System and/or the use of
available Pollution Prevention Programs offered by the TCEQ.
8. Public Notice. In accordance with 40 CFR 403.8(f)(2)(vii), the City must
annually publish a list of all industrial users who significantly violated
applicable pretreatment standard requirements during the pretreatment
reporting year.
9. Increased Monitoring and Reporting. When an industrial user has
•
• demonstrated a history of noncompliance the City may increase surveillance
of that industry, including additional self-monitoring and reporting.
111. ENFORCEMENT RESPONSE GUIDE
The City's Enforcement Response Guide designates several alternative enforcement
options for each type or pattern of noncompliance. Once a violation is identified, an
appropriate enforcement response action shall be selected from the short list of
enforcement options indicated by the matrix.
The following factors must be considered when selecting a response action from the
options listed:
1. Good faith of the user;
2. Compliance history of the user;
3. Previous success of enforcement actions taken against the particular user;
4. Violation's effect on the receiving waters; and
5. Violation's effect on the POTW.
By evaluating each of the above factors, the appropriate enforcement response
action for the particular violation involved will be selected by authorized City personnel.
The attached guide identifies types of violations, indicates initial and follow-up
• responses, and designates personnel responsible for administering each of these
responses. The guide is used as follows:
1. Locate the type of noncompliance in the first column and identify the most
accurate description of the violation.
2. Assess the appropriateness ofthe recommended response(s) in column two.
First offenders or users demonstrating good faith efforts may merit a more
lenient response. Similarly, repeat offenders or those demonstrating
negligence may require a more stringent response.
3. Apply an enforcement response from column two to the industrial user.
Specify corrective action or other responses required of the industrial user,
if any. The range of responses in column two, are arranged in an escalating
order. Column three indicates personnel responsible for administering each
response, also in escalating order.
4. Follow-up with escalated enforcement action if the industrial user's response
is not received or violation continues.
A. Enforcement Escalation Plan
The City's Enforcement Escalation Plan is to be utilized to determine which
•
• enforcement action is timely and appropriate, and to apply consistency throughout our
program. The escalation plan as incorporated into the Enforcement Response Guide under
the Enforcement Response and Personnel headings, columns two and three, respectively
act as a guideline for enforcement response after consideration of the Enforcement
Response Guide section listed above. Once the noncompliance and circumstances have
been identified in columns one and two, the range of responses (in column two), is
available to the enforcement agent(s). The personnel that can be involved in the
enforcement action are listed in column three.\
Generally, the responses range from a Notice of Violation to the termination of sewer
and/or water service. If an industry fails to respond to the initial enforcement action (from
column two), or the industry continues to remain in violation, then the next response would
be enacted in an expeditious manner, per the response time frames outlined below.
B. Time Frames for Responses
1. Self-monitoring reports are normally due on the 15th day of the month
following the month in which the sample was collected. All self-monitoring
reports are reviewed upon receipt by the Pretreatment Services Division
Quality Control Specialist and violations will be identified and documented
within a reasonable time frame of approximately ten (10) working days.
Violations not related to self-monitoring will be identified and documented
• within a reasonable time frame of approximately ten (10) working days of
receiving compliance information.
2. Initial enforcement responses, involving contact with the industrial user and
requesting information on corrective or preventive action(s) wilt occur within
fifteen (15) working days of violation detection.
3. Follow-up actions for continuing or recurring violations will be taken within
sixty (60) days of the initial enforcement response. For any continuing
violations, the response will include a compliance schedule, if applicable.
4. Violations, which threaten health, property, or environmental quality are
considered emergencies and will receive immediate responses such as
halting the discharge or termination of service.
5. All violations meeting the criteria for significant noncompliance will be
addressed with an enforceable order. Significant noncompliance shall be
identified four times a year, in accordance with EPA guidelines.
ENFORCEMENT RESPONSE GUIDE
NATURE OF VIOLATION ENFORCEMENT RESPONSE
PERSONNEL
•
• 1. Failure to apply for a discharge permit NOV, with application form required to be returned in 30 days SP, S
2. Response time for application exceeded NOV; meeting with I.U. SP, S
3. Noncompliance continues NOV; citation; order show cause SP, S, AD
NATURE OF VIOLATION ENFORCEMENT RESPONSE
PERSONNEL
1. Exceedence of discharge limits Single offense; no other violations in past six months: NOV SP, S
2. Recurring limit violations in six month period NOV; citation; require meeting with I.U.; increase sampling SP, S
frequency until consistent compliance is accomplished (one year)
3. Slug load discharge or treatment bypass. First NOV• request development of Slug/ Spill Control Plan and or SP, S
offense within six months TOMP (as appropriate)
4. Recurring slug load discharges or treatment NOV; citation; Meeting with 1. U. to review deficiencies ofSpill/Slug SP, S
bypasses in six month period Control Plan and/or TOMP and submit corrections with plans for
consistent compliance; increase sampling
5. Noncompliance results in SNC NOV; citation; order show cause SP, S, AD
6. Violations that cause: The POTW to bypass, have NOV; citation; consent order, compliance order, order to cease SP, S, AD, WD
interference, and/or sludge quality problems; harm to and desist; show cause; investigate; evaluate judicial action;
the environment; endangerment to life and/or property and/or termination of service
•
NATURE OF VIOLATION ENFORCEMENT RESPONSE
PERSONNEL
1. Report less than 30 days late NOV SP, S
2. Failure to report as required by permit NOV; citation; meeting with I.U. SP, S,
3. Reporting violation results in SNC NOV; citation; show cause SP, S, AD
4. Falsification NOV; citation; consent order, compliance order, show cause; SP, S, AD, WD
Investigate; recommend judicial action; and/or termination of
service
•
NATURE OF VIOLATION ENFORCEMENT RESPONSE
PERSONNEL
1. Permit Prohibition violation; Initial violation NOV; meet with I.U. SP, S
2. Failure to properly operate and maintain a NOV; meet with I.U. SP, S
pretreatment facility; initial violation
3. Continued noncompliance NOV; citation; show cause SP, S, AD
NATURE OF VIOLATION ENFORCEMENT RESPONSE
PERSONNEL
• 1. Denial of entry to facility; initial event NOV; meeting with I.U. SP, S
• 2. Inadequate record keeping. Inspection discovers files NOV; I.U. required to maintain records SP, S
incomplete or missing; initial event
3. Slug/Spill Control Plan and/or TOMP found to be in NOV; citation; rescind acceptance of current plans; increase SP, S
violation monitoring; meet with I.U.; require plan revisions
4. Continuing noncompliance NOV; issue citation; consent order, compliance order, show cause SP, S, AD, WD
hearing with I.U. Investigate and recommend additional judicial
action and/or termination of service
Abbreviations
SNC =Significant Noncompliance
NOV =Notice of Violation
TOMP =Toxic Organic Management Plan
I.U. =Industrial User
SP =Senior Specialist
S =Supervisor
AD =Assistant Director
WD =Water Department Director
Notice of Violation Response
• NOVs will require a report from the Industrial User, which will contain (at a minimum):
1. the cause, or probable cause of the noncompliance;
2. the actions taken and implemented to meet permit conditions;
must be sent within 30 days of the NOV to:
Director of Public Works
City of Richland Hills
6700 Rena
Richland Hills, Texas 7676118
Citations
Citations will be issued by (Personnel Responsible):
The recipient of a citation may:
- Pay the fine (not more than $2,000 per day per event)
•
• -Seek adjudication
- Request hearing
Adjudication
Probationary. A recipient of a citation (first violation) in a six month period may request
adjudication. The period of probation will be for six months; any violation of
similar nature will be reason for levying of the probated fine.
Show Cause
Show Cause will be the resolution step to Significant Noncompliance. A panel of five city
personnel, including legal representatives, will preside. The I.U. may retain and bring legal counsel.
Show Cause panel discussions include, but are not limited to:
Compliance schedules
Fines
Increased monitoring frequency
Judicial action
Revocation of permit
Termination of service
• Supplemental enforcement action (BMPs, EMS, P2)
Meeting With I.U.
A meeting with the I.U. will ensue preceding any recurring violation. The meeting will be a
means to "positively" communicate the issue at hand and come to a consensus for remediation:
The meeting will include:
I.U. representative(s)
Pretreatment services division personnel
EXAMPLE NOTICE OF VIOLATION (NOV)
CITY OF RICHLAND HILLS
IN THE MATTER OF
(NAME OF INDUSTRY) NOTICE OF VIOLATION
(ADDRESS)
LEGAL AUTHORITY
The following findings are made and notice issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Director by provisions of the City's Industrial Waste
•
• Ordinance. This notice of violation is based on findings of violation of the conditions of the
wastewater discharge permit issued under City's Industrial Waste Ordinance.
FINDINGS
1. City is charged with construction, maintenance and control of the sewer system and treatment
works.
2. To protect the sewer system and treatment works, the City administers a pretreatment
program.
3. Under this pretreatment program, (Name of industry) was issued a discharge permit.
4. The discharge permit issued to (Name of industry) contained numerical limits on the quality
of pollutants, which (Name of industry) could discharge and self-monitoring requirements.
5. On (Date), pollutant analysis revealed that the quantity of (pollutant) exceeded the permit
limitation.
NOTICE
THEREFORE, BASED ON THE ABOVE FINDINGS, (NAME OF INDUSTRY) IS HEREBY
• NOTIFIED THAT:
1. It is in violation of its discharge permit and the sewer use ordinance of the City.
A written report, addressing
1. the cause or probable cause of the non-compliance;
2. actions proposed or implemented to meet permit conditions, must be sent within ten
(30) days of receipt of this notice to the address
Signed:
Assigned
Richland Hills Water Department
Issued this day of 200_ .
•
• EXAMPLE CEASE AND DESIST ORDER
CITY OF R{CHLAND HILLS
WATER DEPARTMENT
IN THE MATTER OF
*
(NAME OF INDUSTRY) * CEASE AND DESIST ORDER
(ADDRESS) *
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Director by provisions of the City's Industrial Waste
Ordinance. This order is based on findings of violation of the conditions of the wastewater discharge
• permit issued under City's Industrial Waste Ordinance.
FINDINGS
1. (Industry) discharges non-domestic wastewater containing pollutants into the sanitary sewer
system of the City.
2. (Industry) is a "significant industrial user" as defined by City's Industrial Waste Ordinance.
3. (Industry) was issued a wastewater discharge permit on (date) which contains prohibitions,
restrictions and other limitations on the quality of the wastewater it discharges to the sanitary
sewer.
4. Pursuant to the ordinance and the above-referenced permit, data is routinely collected or submitted
on the compliance status of (industry).
5. This data shows that (industry) has violated the Industrial Waste Ordinance in the following
manner:
a. (Industry) has continuously violated its permit limits for (pollutant type) in each sample
collected from (date) to (date).
•
• b. (Industry) has also failed to comply with an administrative compliance order requiring the
installation of a pretreatment system and the achievement of compliance with its permit
limits by (date).
c. (Industry) has failed to appear at a show cause hearing pursuant to an order requiring said
attendance.
ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRY) IS HEREBY ORDERED TO:
1. Within 24 hours of receiving this order, cease all non-domestic discharges into the City's sanitary
sewer. Such discharges shall not recommence until such times as (industry} is able to
demonstrate that it will comply with its current permit limits.
2. Failure to comply with this order may subject (industry) to having its connection to the sanitary
sewer sealed by the City and assessed the costs therefore.
• 3. Failure to com I with this order shall also constitute a further violation of the Industrial Waste
PY
Ordinance and may subject (industry) to civil or criminal penalties or such other enforcement
response as may be appropriate.
4. This order, entered this _ day of , 200 shall be effective upon receipt by (industry).
Signed:
Public Works Director /Director's Authorized Representative
City of Richland Hills
EXAMPLE CONSENT ORDER
CITY OF RICHLAND HILLS
WATER DEPARTMENT
•
IN THE MATTER OF CONSENT ORDER
(NAME OF INDUSTRY)
(ADDRESS)
CONSENT ORDER
WHEREAS, the City's Water Department, pursuant to the powers, duties and responsibilities
vested in and imposed upon the Director by provisions of the City's Industrial Waste Ordinance, has
conducted an ongoing investigation of (Industry) and has determined that:
1. The City owns and operates a wastewater treatment plant which is adversely impacted by
discharges from industrial users, including (industry), and has implemented a pretreatment
program to control such discharges.
2. (Industry) has consistently violated the pollutant limits in its wastewater discharge permit as set
forth in Exhibit I, attached hereto.
3. Therefore, to insure that (Industry) is brought into compliance with its permit limits at the earliest
• possible date, IT IS HEREBY AGREED AND ORDERED, BETWEEN (industry) AND THE
DIRECTOR, FOR THE CITY, that (Industry) shall:
a. By (date), obtain the services of a registered professional engineer specializing in
wastewater treatment for the purposes of designing a pretreatment system, which will bring
(Industry) into compliance with its wastewater discharge permit.
b. By (date), submit plans and specifications for the proposed pretreatment system to the City
for review.
c. By (date), install the pretreatment system in accordance with the plans and specifications
submitted in item b above.
d. By (date), achieve compliance with the limits set forth in Exhibit 1.
e. (Industry) shall pay $1,000 per day for each and every day it fails to comply with the
schedule set out in items a-d above. The $1,000 per day penalty shall be paid to the
cashier of the Division of Pollution Control within 5 days of being demanded by the City.
4. In the event (Industry) fails to comply with any of the deadlines set forth. (industry) shall within one
(1) working day after expiration of the deadline, notify the City in writing. This notice shall describe
the reasons for (Industry's) failure to comply, the additional amount of time needed to complete the
•
remaining work, and the steps to be taken to avoid future delays. This notification in no way
excuses (Industry) from its responsibility to meet any later milestones required by this Consent
Order.
5. Compliance with the terms and conditions of this Consent Order shall not be construed to relieve
(Industry) of its obligation to comply with its wastewater discharge permit, which remains in full
force and effect. The City reserves the right to seek any and all remedies available to it under the
City's Industrial Waste Ordinance for any violation cited by this order.
6. Violation of this Consent Order shall constitute a further violation of the City's Industrial Waste
Ordinance and subjects (Industry) to all penalties described by Section _ of the Industrial Waste
Ordinance.
7. Nothing in this Consent Order shall be construed to limit any authority of the City to issue any other
orders or take any other action which it deems necessary to protect the wastewater treatment
plant, the environment or the public health and safety.
SIGNATORIES
• FOR (INDUSTRY)
Date Name (Industry)
FOR CITY OF RICHLAND HILLS
Date
Public Works Director /Director's Authorized Representative
EXAMPLE SHOW CAUSE ORDER
CITY OF RICHLAND HILLS
WATER DEPARTMENT
•
• IN THE MATTER OF
ADMINISTRATIVE
(NAME OF INDUSTRY) SHOW CAUSE ORDER
(ADDRESS)
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Director by provisions of the City's Industrial Waste
Ordinance. This order is based on findings of violation of the conditions of the wastewater discharge
permit issued under City's Industrial Waste Ordinance.
FINDINGS
1. (Industry) discharges non-domestic wastewater containing pollutants into the sanitary sewer
system of the City of Richland Hills (hereinafter, "City").
2. (industry) is a "significant industrial user" as defined by the City's Industrial Waste Ordinance.
3. (Industry) was issued a wastewater discharge permit on (date) which contains prohibitions,
• restrictions, and other limitations on the quality of the wastewater it discharges to the sanitary
sewer.
4. Pursuant to the ordinance and the above-referenced permit, data is routinely collected or submitted
on the compliance schedule of (Industry).
5. This data shows that (Industry) has violated its wastewater discharge permit in the following
manner:
a. (Industry) has violated its permit limits for (pollutant type) in each sample collected on
(dates) for a total of (amount) separate violations of this permit.
b. (Industry) has failed to submit a periodic compliance report due (date}.
c. All of these violations satisfy the City's definition of significant violation.
ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRY) IS HEREBY ORDERED TO:
1. Appear at a meeting with the Director to be held on (date), at (time) in the
•
• 2. At this meeting, the industry must demonstrate why the City should not pursue judicial enforcement
action against the industry at this time.
3. This meeting will be closed to the public.
4. Representatives of (industry) may be accompanied by legal counsel if they so choose.
5. Failure to comply with this order shall also constitute a further violation of the Industrial Waste
Ordinance and may subject (industry) to civil or criminal penalties or such other appropriate
enforcement response as may be appropriate.
6. This order, entered this -day of 200_, shall be effective upon receipt by (industry).
Signed:
Director of Public Works /Director's Authorized Representative
City of Richland Hills
•
•
• EXAMPLE COMPLIANCE ORDER
CITY OF RICHLAND HILLS
WATER DEPARTMENT
IN THE MATTER OF
*
(NAME OF INDUSTRY) * ADMINISTRATIVE
(ADDRESS) * COMPLIANCE ORDER
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Director by provisions of the City's Industrial Waste
Ordinance. This order is based on findings of violation of the conditions of the wastewater discharge
permit issued under City's Industrial Waste Ordinance.
FINDINGS
•
1. (Industry) discharges non-domestic wastewater containing pollutants into the sanitary sewer
system of the City of Richland Hills (hereinafter, "City").
2. (Industry) is a "significant industrial user" as defined by the City's Industrial Waste Ordinance.
3. (Industry) was issued a wastewater discharge permit on (date), which contains prohibitions,
restrictions, and other limitations on the quality of the wastewater it discharges to the sanitary
sewer.
4. Pursuant to the ordinance and the above-referenced permit, data is routinely collected or submitted
on the compliance schedule of (industry).
5. This data shows that (Industry) has violated its wastewater discharge permit in the following
manner:
a. (Industry) has violated its permit limits for (pollutant type) in each sample collected between
(dates) for a total of (amount) separate violations of this permit.
b. (Industry) has failed to submit a periodic compliance report due (date).
c. All of these violations satisfy the City's definition of significant violation.
•
• ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRY) IS HEREBY ORDERED TO:
1. Within 180 days, install pretreatment technology which will adequately treat (Industry's) wastewater
to a level which will comply with its wastewater discharge permit.
2. Within 5 days submit all periodic compliance reports due since (date).
3. Within 10 days, pay to the cashier's office of the Municipal Court, City of Richland Hills, a fine of
$1,000.00 for the above-described violations in accordance with subection F Paragraph 6, of the
Industrial Waste Ordinance.
4. Report, on a monthly basis, the wastewater quality and the corresponding flow and production
information as described on Page _ of the wastewater discharge permit (No. for a period of
one year from the effective date of this order.
5. All reports and notices required by this order shall be sent, in writing to the following address:
City of Richland Hills
6700 Rena Drive
• Richland Hills, Texas 76118
6. This order does not constitute a waiver of the wastewater discharge permit which remains in full
force and effect. The City reserves the right to seek any and all remedies available to it under
subsection F of the Industrial Waste Ordinance for any violation cited by this order.
7. Failure to comply with the requirements of this order shall constitute a further violation of the
Industrial Waste Ordinance and may subject (Industry) to civil or criminal penalties or such other
appropriate enforcement response as may be appropriate.
8. This order, entered this _ day of , 200_, shall be effective upon receipt by (Industry).
Signed:
Public Works Director /Director's Authorized Representative
City of Richland Hills
CITY OF RICHLAND HILLS
•
• SUSPENSION OF WASTEWATER SERVICE ORDER
Date of Notice:
Business or Individual:
Address:
Person Contacted/Title:
City Code Section Violation:
Results of Analysis:
Due to the serious nature of your violation, the City is ordering you to immediately stop the discharge of
the effluent (in violation), and to eliminate any further industrial discharging by 5:00 P.M.
200_.
In the event of your failure to voluntarily comply with this suspension order, the City shall take such steps
as deemed necessary including, but not limited to, immediate severance of your sewer connection, to
• prevent or minimize damage to our POTW system or endangerment to any individuals (City Code Section
(Or record if refused to sign)
Signature of person contacted
Public Works Director /Director's Authorized Representative
City of Richland Hills
•