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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: Industrial Waste Ordinance 2006 W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 1 • "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 Industrial Waste Ordinance 2006 W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 2 (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. Industrial Waste Ordinance 2006 W:\Richland Hillsl0rdinancellndustrial.Wastellndustrial.Waste.Ord.Fomt.wpd Page 3 • 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 Industrial Waste Ordinance 2006 • W:1Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 4 • 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. Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Wastellndustrial.Waste.Ord.Form.wpd Page 5 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. Industrial Waste Ordinance 2006 • W:\Richland Hills\OrdinancelIndustrial.Waste\Industrial.Waste.Ord.Form.wpd Page 6 • 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. Industrial Waste Ordinance 2006 W:\Richland Hillsl0rdinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 7 • 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. Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 8 • 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 Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Wastellndustrial.Waste.Ord.Form.wpd Page 9 • 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 Industrial Waste Ordinance 2006 • W:\Richland Hillsl0rdinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 10 • 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 Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Fonn.wpd Page 11 • 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, Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Fonn.wpd Page 12 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 Industrial Waste Ordinance 2006 • W:\Richland Hills\OrdinancelIndustrial.Waste\Industrial.Waste.Ord.Form.wpd Page 13 • 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 Industrial Waste Ordinance 2006 W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Fonn.wpd Page 14 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. Industrial Waste Ordinance 2006 • W:\Richland Hillsl0rdinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 15 • (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). Industrial Waste Ordinance 2006 W:\Richland Hills\OrdinancelIndustrial.Waste\Industrial.Waste.Ord.Fonn.wpd Page 16 (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 Industrial Waste Ordinance 2006 • W:\Richland Hillsl0rdinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 17 • 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 Industrial Waste Ordinance 2006 . W:1Richland Hillsl0rdinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 18 • 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; Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 19 • (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 Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Wastelfndustrial.Waste.Ord.Form.wpd Page 20 • 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 Industrial Waste Ordinance 2006 • W:\Richland Hills\OrdinancelIndustrial.Waste\Industrial.Waste.Ord.Form.wpd Page 21 • 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: Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Forrn.wpd Page 22 • (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 Industrial Waste Ordinance 2006 • W:1Richland Hills\Ordinance\Industrial.Wastellndustrial.Waste.Ord.Form.wpd Page 23 • 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) Industrial Waste Ordinance 2006 • W:1Richland Hillsl0rdinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 24 • 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 Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 25 • 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 Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 26 • 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." Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 27 (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 Industrial Waste Ordinance 2006 W:\Richland Hills\Ordinance\Industrial.Wastellndustrial.Waste.Ord.Form.wpd Page 28 • 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 Industrial Waste Ordinance 2006 • 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. Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 30 (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," Industrial Waste Ordinance 2006 W:\Richland Hills\Ordinance\Industrial.Wastellndustriat.Waste.Ord.Fonn.wpd Page 31 • "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 Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Wastellndustrial.Waste.Ord.Form.wpd Page 32 • (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 Industrial Waste Ordinance 2006 • 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 Industrial Waste Ordinance 2006 • W:\Richland Hills\Ordinance\Industrial.Waste\fndustrial.Waste.Ord.Fonn.wpd Page 34 • 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 W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Form.wpd Page 35 • (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 W:\Richland Hills\Ordinance\Industrial.Waste\Industriat.Waste.Ord.Form.wpd Page 36 • 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 Industrial Waste Ordinance 2006 . W:\Richland Hills\Ordinance\Industrial.Waste\Industrial.Waste.Ord.Forrn.wpd Page 37 • 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 Industrial Waste Ordinance 2006 • 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: $41.34 TEXAS REQUIRING; PERMITS TO DIS- CHARGE INDUS- ' TRIAL WASTE INTO HILLS SANITANRD SEWER SYSTEM• AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO PROMULGATE REGULATIONS PERTAINING TO PROVIDING I FOB DEFINITIONS PRO- i VIDING THAT HIS I ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING ORDI- NANCE NO. 643-91; ~v~~ g~~~e~» PROVIDING A SEV- `~f- ERABILITY CLAUSE; PROVIDING APEN- :a~1~,gPS~s CHRISTYL.HOLLAND ~I• ALTY FOR VIOLA- . ~ r1oN; PROVIDING t; - : MY COMMISSfON EXPIRES -FOR PUBLICATION ; LAW RPROVIDING A <,r,.'SF 6+`0~ July 31,200$ THE STATE OF TEXAS SAVINGS CLAUSE ~-••~^•--A COUn Of Tarrant AND PROVIDING AN NOWWITHSTAND- ING ANY NOTICE Before me, a Nota Publi PROV1s1oNS coN- and State, this da ersonall a eared Lisa Wesselman, Bid and Le I Coordinator rY TAINED IN THIS ~ y p y pp 9a 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 li RESISTS EN- FORCEMENT OF ANY OF THE PRO- ~Igned VISIONS OF THIS ORDINANCE SHALL BE FINED NOT SUBSCRIBED AND SWORN' MHOUSArvo N Do° Aonday, March 20, LABS ($2,000) FOR EACH OFFENSE. CIDTDYTI MAY LY$EEK dotary Public L~'- INJUNCTIVE RELIEF PURSUANT TO Thank You For Yo SECTION 54.,06, TEXAS LOCAL GOVERNMENT - ~ W _ _ ~ ~ ~ ~ e ~ ~ PEN LTIES OF IUP TO 5000 PER DAY PURSUANT TO TTSECTION 54pp.0~~17, ¢OVERNMENAT cccc EE PA33ED AN Remit To: A ROV D THE 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 •