HomeMy Public PortalAboutOrdinance No. 1225-11 12-13-20111225-12
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING ARTICLE II OF CHAPTER 86 OF THE CITY CODE TO
REVISE REGULATIONS RELATING TO INDIVIDUAL SEWERAGE
SYSTEMS IN ORDER TO CONFORM TO TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY AND CITY OF FORT WORTH
REQUIREMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY
LAW; 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 of Fort Worth has requested that the changes referenced herein be made
in order to conform to recent regulations promulgated by the Texas Commission on Environmental
Quality;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF CHAPTER 86
Article II of Chapter 86 of the Richland Hills City Code is hereby amended to provide as set
forth on the attached Exhibit A. The remainder of Chapter 86 shall remain unchanged.
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the conflicting provisions of such ordinances and such Code are hereby repealed.
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 the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the matters
regulated herein 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 maybe prosecuted
until final disposition by the courts.
SECTION 5.
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 to the extent required by law.
SECTION 6.
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 7.
PENALTY FOR VIOLATION
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 no more
than Two Thousand Dollars and no cents ($2,000.00) for each violation of this Ordinance. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
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.
ORDINANCE AMENDING ARTICLE II OF CHAPTER 86 Page 2
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PASSED AND APPROVED ON THIS I ~ Y OF 2011.
DAVID L. I~4GAN, MAYOR
A ST:
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INDA ANTU, TRMC, CITY SECRETARY ;~ ~ ~ ~;
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EFFECTIVE DATE: 1~ a,0 ~' = ~ ~~ ' ~
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TIM G. SRALLA, CITY ATTORNEY
ORDINANCE AMENDING ARTICLE II OF CHAPTER 86 Page 3
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RICHLAND HILLS
CHAPTER 86
ARTICLE II. SEWERAGE SYSTEMS
DIVISION 1. GENERALLY
Secs. 86-31--86-45. Reserved.
DIVISION 2. INDIVIDUAL DISPOSAL SYSTEMS
Sec. 86-46. Septic tanks prohibited.
It shall be unlawful for any person to construct, reconstruct, repair, clean, drain, service or alter
any septic tank lateral or connection used in connection therewith in the city.
(Code 1984, ch. 11, § 1(A))
Sec.86-47. Exceptions.
This division shall not apply to any septic tank, connections or laterals now on any property that
public sewer lines are not available for use in connection with such property. This exception shall exist
until public sewer lines are made available to the respective properties and for a period of 30 days
thereafter.
(Code 1984, ch. 11, § 1(B))
Sec. 86-48. Abandonment of septic tanks.
Any person who owns or occupies any property in the city, and who wishes to abandon a septic
tank, connections and laterals used in connection therewith, may apply to the plumbing inspector of the
city for a permit to clean and remove the septic tank, whereupon the plumbing inspector may, if he
determines that such septic tank, connections and laterals are to be abandoned, issue a written permit
authorizing such existing tank connections and laterals to be cleaned for the purpose of such removal
and abandonment.
(Code 1984, ch. 11, § 1(C))
Secs. 86-49--86-65. Reserved.
DIVISION 3. SANITARY SEWER SYSTEM
Subdivision 1. In General
Sec. 86-66. Sanitary sewer service line maintenance policy.
(a) Responsibility.
(1) It is the city's responsibility to clean, repair or replace all portions of city-owned main lines laid
within the limits of a dedicated street right-of-way or utility easement.
(2) It is the customer's responsibility to maintain all portions of their service line up to the main line
including the tap at the city's main. The service line may be located on private property as well as on
dedicated streets or easements. In the event that the customer's service line located under the paved
portion of a dedicated street needs repair/replacement, that portion of the defective service line shall be
replaced at the expense of the city. The city shall assume service line responsibility for the necessary
repair/replacement of only that portion of service line that lies beneath the limits of a paved street.
(3) If the customer's service line does not pass under a paved dedicated street, the city is responsible
for the city main only. The city main is the city-owned sewer line laid within the limits of a dedicated
street right-of-way or dedicated utility easement. The service line is the sewer line that connects the
customer's establishment to the city main including the tap.
(b) Procedure for sewer complaints.
(1) When a sewer complaint is received, a water utilities division maintenance crew will be dispatched
as soon as possible to the scene. The customer involved will be advised not to introduce additional
sewage into the service line, if possible. The customer may call a plumber if they so desire.
(2) The city's main will be inspected and cleaned, if necessary. After cleaning the city main, the
customer will be advised that the city main is flowing free. If city crews determine that the city's line is
free and blockage exists in the customer's service line, the customer shall be advised to obtain the
service of a plumber to clear, repair or replace his service line.
(3) If the customer's plumber is unable to clear the service line under a paved street, the following
procedure will be followed:
a. The customer and/or his plumber will locate and expose the service line behind the curb on the
customer's side of the street, except when afour-inch or larger cleanout exists.
b. Upon notification that the service line is exposed or accessible by camera, water utilities division
maintenance crews will evaluate that portion of the service line under the paved street. The owner
and/or plumber must be present while the maintenance crew works on their service line.
c. Upon investigation, if the water utilities division maintenance crew finds the service line under the
paved street to be in good working condition, the property owner will be billed for services rendered by
the water utilities division.
d. The water utilities division will televise the service line in order to justify service line repair or
replacement at the expense of the city. (Applies only to that portion beneath city street.)
e. The city's responsibility for taps located at the rear of the property in the utility easement is limited
to that described in subsection (b)(2) of this section.
Secs. 86-67--86-85. Reserved.
Subdivision II. Industrial Waste*
'"Editor's note: Ord. No. 1049-06, § 1, adopted Mar. 14, 2006, repealed the former Subdiv. II, §§ 86-
86--86-92, and enacted a new Subdiv. II as set out herein. The former Subdiv. II pertained to similar
subject matter and derived from Code 1984, ch. 11, § 7(A)--(G).
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. 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:
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(1) A responsible corporate officer, if the discharger submitting the application or report is a
corporation. This includes the president, vice-president, secretary or treasurer of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision-
making functions for the corporation.
The manager of one or more manufacturing, production, or operating facilities, provided the manager is
authorized to make management decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment recommendations, and initiate
and direct other comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are established or actions
taken to gather complete and accurate information for individual wastewater discharge permit or any
control mechanism requirements; and where 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 subsections (1) through (4) above
if:
a. The authorization is made in writing by the individual described above in subsections (1) through
(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.
Best management practices (BMP) means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed in
Section 86-88 [40 CFR 403.5(a)(1) and (b)] and to prevent or reduce-t#e-pollution ^f +ho nnc~ .,„~,
,.,~+or~ „{+ho ~ ~.,,+~,+ c+.,+~~ gMPs include treatment requirements, operating procedures, and practices
to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials
storage.
Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five days at 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 Industrial User. An Industrial User subject to a categorical Pretreatment Standard
or categorical standard.
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.
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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
sampling.
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. Flow proportional composite will be used only in locations that have the capability to
measure flow during the sampling period.
Contaminated means containing a harmful quantity of any substance.
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 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 or from the development, recovery or 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
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(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. The daily composite sample is the
concentration of discharge of a pollutant measured during a calendar day or any 24-hour period that
reasonably represents the calendar day for purposes of sampling.
Maximum grab. The maximum concentration of a substance allowed in a discharge as
determined from a laboratory test of a grab sample.
mg/L. Milligram per liter.
Monthly Average Limit. Means the highest allowable average of "daily discharges" over a
calendar month, calculated as the sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
New source. Any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under section 307(c) of the act which will be applicable to such source if such
standards are thereafter promulgated in accordance with that section, provided that:
(1) The building, structure, facility or installation is constructed at a site at which no other source is
located; or
(2) The building, structure, facility or installation totally replaces the process or production equipment
that causes the discharge of pollutants at an existing source; or
(3) The production or wastewater generating processes of the building, structure, facility or installation
are substantially independent of an existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new facility is integrated with the
existing plant, and the extent to which the new facility is engaged in the same general type of activity as
the existing source should be considered.
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 subsections (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;
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or removal of existing buildings,
structures, or facilities which is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment which 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.
Noncontact cooling water. Water used for cooling which does not come into direct contact with
raw materials, intermediate product, waste product, or finished product.
Non-significant Categorical Industrial User. Means an Industrial User that is subject to categorical
Pretreatment Standards may, at the discretion of the Director, be permitted as aNon-Significant
5
Categorical Industrial User (NSCIU) based on a finding that the industrial user never discharges
categorical wastewater and the following conditions are met:
(a) The Industrial User, prior to City's finding, has consistently complied with all applicable categorical
Pretreatment Standards and Requirements;
(b) The Industrial User annually submits the certification statement required in Section 86-90 (c)(9) [see
40 CFR 403.12(q)], together with any additional information necessary to support the certification
statement; and
(c) The Industrial User never discharges any categorical process wastewater into the sanitary sewer.
North American Industry Classification System (NAICS) is a system used by the Federal
Government for collecting and organizing industry-related statistics. The NAICS codes are updated
every five years to stay current with industry developments.
O and M (or O & 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; a measure of the acidity or alkalinity of a solution, expressed in standard units.
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.
PO7Vt/ (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 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.
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, including Best Management Practices.
Process wastewater. Means it is the water that comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished product, byproduct, waste product,
or wastewater.
Public works utility superintendent (or superintendent). Public works utility superintendent of the
city, or his authorized representative.
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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 blow-down wastewater);
(2) Contributes a process waste stream which makes up five 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.
(4) Upon a finding that anon-categorical 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 anon-categorical industrial user, and in accordance with 40 CRF 403.8
(f)(6), determine such user is not a significant industrial user.
(5) Exception-- An Industrial User that is subject to categorical Pretreatment Standards may, at the
discretion of the Director, be permitted as aNon-Significant Categorical Industrial User (NSCIU) based
on a finding that the industrial user never discharges categorical wastewater (excluding sanitary,
non-contact cooling and boiler blow-down wastewater, unless specifically included in the Pretreatment
Standard) and the following conditions are met:
(a) The Industrial User, prior to City's finding, has consistently complied with all applicable
categorical Pretreatment Standards and Requirements;
(b) The Industrial User annually submits the certification statement required in Section 86-90 c 9
[see 40 CFR 403.12(q)], together with any additional information necessary to support the
certification statement; and
(c) The Industrial User never discharges any categorical process wastewater into the sanitary
sewer.
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, which has a reasonable potential to cause
interference or pass through, or in any other way violate the CA's regulations, local limits, or permit
conditions.
Standard Industrial Classification (SIC) Code. Means they are the codes which best describes
the activities conducted at the facility or establishment. SIC codes are 4 digit numbers used by the
Bureau of Census as part of a system to categorize and track the types of business activities conducted
in the United States. The first two digits of the code represent the major industry group and the second
two digits represent the specific subset of that group.
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, the list of TTOs is specific for every applicable federal category. 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 Sysfem (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 10,000
parts per million, by weight, of dissolved solids, of which not more than 2,500 parts per million are
chloride; not more than ten parts per million each of TSS and B.O.D.; color not exceeding 50 color
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 of the discharger and excluding noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation thereof. Any Affirmative defenses to upset only apply
to federal court actions as per Section 86-91(g) of this ordinance.
U.S.C. United States Code
User. Means a person who is a source of an indirect discharge.
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.
(1049-06, § 1, 3-14-2006)
Sec. 86-87. Purpose, policy and administration.
(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, recordkeeping requirements,
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
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 the Control Authority's TPDES permit conditions, sludge
and disposal requirements, and any other federal and state laws to which the POTW is subject.
(6) To protect the health and safety of both POTW personnel and the general public.
(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 of public works and the director's authorized representatives are authorized to
administer, implement, and enforce the provisions of this division. Additionally, the director and the
director's authorized representatives are authorized to make inspections pursuant to this division and to
take enforcement action against violators.
(f) fe} The director shall have the authority to promulgate such administrative regulations which are
consistent with this article and as are from time to time necessary for the enforcement of this
subdivision.
(g) For the purpose of promoting consistency of enforcement throughout the city's jurisdiction and service
area, the director shall promulgate an enforcement response plan.
(1049-06, § 1, 3-14-2006)
Sec. 86-88. Discharge prohibitions and limitations.
(a) General prohibitions. 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 regardless of whether they are subject to categorical pretreatment standards or any other
national, state, or local pretreatment standards or requirements.
(b) 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.1) Prohibited discharges. No person shall discharge or cause to be discharged any stormwater,
groundwater, roof runoff, subsurface drainage or drainage from downspouts, yard drains, yard
fountains and ponds, or lawn sprays into any sanitary sewer. Water from swimming pools, unpolluted
industrial water or cooling water from various equipment shall not be discharged into sanitary sewers if
an alternate acceptable means of disposal is available. If an alternate acceptable means of disposal is
not available, such water may be discharged into the sanitary sewer provided the water meets the
discharge prohibitions and limitations of this subdivision.
(c) Prohibited sewer connections, including trucked or hauled wastewater. It shall be unlawful for any
person to deposit or discharge into the sanitary sewer any wastewater or solid, including trucked or
hauled wastes, unless such deposit or discharge, at a designated discharge point, has been approved
by the authority.
9
(d) Specific 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) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees
Celsius);
(2) Any water or waste which contains wax, grease, oil, plastic or other substance that will solidify or
become discernibly viscous at temperatures between 32 degrees to 150 degrees Fahrenheit, thereby
contributing to the clogging, plugging or otherwise restricting the flow of wastewater through the
collection system;
(3) Pollutants which create a fire or explosion hazard in the sewer system or POTW, including but not
limited to wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Celsius using the test methods specified in 40 CFR 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) Solid or viscous substances in quantities capable of causing obstruction in the flow in sewers or
other interference with proper operation of the POTW, such as, but not limited to, ashes, cinders, sand,
mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure,
hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues or bulk
solids;
(5) Any garbage that has not been properly comminuted or shredded to such a degree that all
particles will be carried freely under the flow conditions normally prevailing in public sewers, with no
particle greater than one-half-inch in any dimension;
(6) Any noxious or malodorous substances which can form a gas which, either singly or by interaction
with other wastes, is capable of causing objectionable odors or hazards to life or form solids in
concentrations exceeding limits established in this subdivision, or creates any other condition
deleterious to structures or treatment processes, or requires unusual provision, attention or expense to
handle such material;
(7) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are
capable of creating a public nuisance or hazard to life or which may prevent entry into the sewers for
their maintenance and repair;
(8) Any substance which may cause the POTW s effluent or treatment residues, sludges, or scums, to
be unsuitable for reclamation and reuse or to interfere with the reclamation process as determined
pursuant to criteria in this section. 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;
(9) Any substance which will cause the POTW to violate its TPDES, other disposal system permits or
the receiving stream water quality standards;
(10) Any substance with objectionable color not removed in the treatment process such as, but not
limited to, dye wastes and vegetable tanning solutions;
(11) Any slugload;
(12) Any wastewater which causes a hazard to human life or creates a public nuisance;
(13) Any dump or slugload of waste containing concentrated organic solvents or mixtures of solvents
which are defined as hazardous by the Federal Resource Conservation and Recovery Act; or
(14) Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in amounts that will
cause obstruction of flow in the sewer line, or interference or pass through.
(15) Oil and grease:
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a. Petroleum oil, non-biodegradable cutting oil, or non polar products of mineral oil origin in
concentrations greater than 200 mg/L.
b. Visible free floatable polar oils, fats, or grease in wastewater or a concentration greater than
250 mg/L discharged from industrial or commercial facilities into the POTW.
c. In no case shall discharges in amounts that cause interference or operational problems with the
POTW be allowed.
(16) BTEX concentration greater than 1.0 mg/L.
(17) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow
rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause
interterence with the POTW;
(18) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(19) Medical wastes, except as specifically authorized by the director in a wastewater discharge
permit;
(20) Detergents, surtace-active agents, or other substances which may cause excessive foaming in the
POTW.
(21) Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of ten parts per million.
(22) Radioactive wastes or isotopes with ahalf-life or concentration exceeding limits established by
the authority in compliance with applicable state or federal regulations.
(23) Toxic pollutants in sufficient quantity, either singly or by interaction with other wastes, to injure or
intertere 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.
(24) A temperature which inhibits or interferes with biological activity in the POTW treatment plant. In
no case shall wastewater be introduced which would have at temperature exceeding 40 degrees
Celsius (104 degrees Fahrenheit) upon entering the POTW treatment plant.
(25) Pollutants in excess of the limitations established in an applicable categorical pretreatment
standard set forth in 40 CFR.
(26) 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.
(27) Trucked or hauled industrial waste, except as approved in writing by the director.
(e) Wastewater limitations. No person shall contribute or cause to be discharged, directly or indirectly,
into any sanitary sewer any wastewaters containing or having:
(1) Acids or alkalis capable of causing damage to sewage disposal structures or personnel or having a
pH value lower than 5.0 or higher than 12.0.
(2) Metals in the form of compounds or elements with total concentrations exceeding the following:
TABLE INSET:
POLLUTANT MAXIMUM ALLOWABLE
DISCHARGE LIMIT (mg/L)
Arsenic 0.25
Cadmium 0.15
Chromium 5.0
Copper 4.0
Lead 2,9
Mercury 0.01
11
Nickel 2.0
Silver 1.0
Zinc 5.0
(3) Cyanide or cyanogen compounds (expressed as total CN-) in excess of 1.0 mg/L.
(4) The director may develop Best Management Practices (BMPs), by ordinance or in individual
wastewater discharge permits to help implement Local Limits and other pretreatment standards and the
requirements of Section 86-88.
(5) A person commits an offense if with criminal negligence the person processes or stores pollutants,
substances, or wastewater prohibited by this section in such a manner that they could be discharged to
the POTW.
(1049-06, § 1, 3-14-2006; Ord. No. 1061-06, § 1, 8-8-2006)
(f) Accidental Discharge/Slug Control Plan.
The director shall evaluate whether each SIU needs an accidental discharge/slug discharge control
plan or other action to control Slug Discharges at the time of SIU determination or at least by the first
year. All the activities associated with slug control evaluation and results are to be kept in the Industrial
User file. The director may require any User to develop, submit for approval, and implement such a
plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the
director may develop such a plan for any User. An accidental discharge/slug discharge control plan
shall address, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the director of any accidental or slug discharge, as required
by section 86-89 of this article; and
(4) Procedures as needed 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.ti(c).
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).
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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. Within five (5) days following such
discharge, the user shall, unless waived by the director, submit to the director a detailed written report
which specifies: A description and cause of the discharge, including location of the discharge, type,
concentration, and volume of water; duration of noncompliance including exact dates and times of
noncompliance and, if the noncompliance is continuing, an immediate response to cause the
noncompliant discharge to cease; and all steps taken or to be taken to reduce, eliminate, and prevent
continuation or recurrence of such an upset, slug load, or accidental discharge, spill, or other conditions
of noncompliance. 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) A notice shall be permanently posted on the user's bulletin board or other prominent place advising
employees of whom to call in the event of a discharge described in subsection. 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 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) 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
13
aware of the bypass. Written notice shall be provided within five 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
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).
(1049-06, § 1, 3-14-2006)
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 1. Significant industrial users are defined in section 86-86, Definitions.
b. Group !/. Commercial facilities and Non-Significant Industrial Users (NSIU) 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 lll. 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.
e. Group V--Ground water remediation dischargers. Dischargers who are retrieving contaminated
underground water, pre-treating such water, and then discharging into the POTW.
f. Group VI-- Non-Significant Categorical Industrial User Industrial User (NSCIU). Facility that never
discharges categorical wastewater even though categorical process(es) are located on-site.
(2) All Significant Industrial Users shall submit a wastewater discharge permit application to the
authority on a form provided by the authority at least ninety (90) days prior to the date upon which any
discharge will begin or recommence. Non-significant categorical industrial users (NSCIU) and non-
significant industrial users (NSIU) shall be required to submit applications at dates specified by the
Director. Incomplete or inaccurate applications will not be processed and will be returned to the user
for revision. Any user required to obtain a wastewater discharge permit, who proposes to begin or
recommence discharging into the POTW, shall obtain such permit prior to beginning or recommencing
such discharge. The application shall contain:
a. All information required by subsection (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;
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.
14
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, Group IV, Group V or Group VI 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 shall be issued within 60 days after the evaluation is complete. The
wastewater discharge permit shall be subject to the terms and conditions specified herein and to the
regulations of the authority.
(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 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 nine 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 nine 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 90 days advance 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:
15
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 years;
b. A statement that the wastewater discharge permit is nontransferable without prior notification to the
city in accordance with subsection (b)(1) herein, and provisions for furnishing the new owner or
operator with a copy of the existing wastewater discharge permit;
c. Effluent limits and Best Management Practices 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 (or Best Management Practices) 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.
f. Requirements to control Slug Discharge, if determined by the city to be necessary.
(3) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for
flow regulation and equalization;
b. Requirements for the installation of pretreatment technology, pollution control, or construction of
appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of
pollutants into the treatment works;
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 non-routine 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 pretreatment
standards are being met on a consistent basis and, if not, what additional O & M or pretreatment is
16
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.
1. The categorical pretreatment standards applicable to each regulated process.
2. 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 this section. In cases where the standard requires
compliance with a best management practice or pollution prevention alternative, the user shall submit
documentation as required by the City or the applicable standards to determine compliance with the
standard.
3. Sampling must be performed in accordance with procedures set out in subsection (c)(4) herein.
4. The user shall take a minimum of one representative sample to compile the data necessary to
comply with the requirements of this paragraph. However, the City may allow the submission of a
baseline report which utilizes only historical data so long as the data provides information sufficient to
determine the need for industrial pretreatment measures. Historical data than can represent the current
discharge only can be accepted as a baseline report
5. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and
shall certify that such sampling and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
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) and/or additional pretreatment is
required to meet the pretreatment standards and requirements.
g. Compliance schedule. If additional pretreatment, Best Management Practices and/or O & M will be
required to meet the pretreatment standards, the shortest schedule by which the user will provide such
additional pretreatment and/or O & M must be provided. The completion date in this schedule shall not
be later than the compliance date established for the applicable pretreatment standard. A compliance
schedule pursuant to this subdivision must meet the requirements set out in this section.
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
17
standards or requirements, including BMPs. This report shall be signed by an authorized representative
of the discharger.
(3) Periodic compliance reports.
a. 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.
b. In cases where the Pretreatment Standard requires compliance with Best Management Practice
(BMP) or pollution prevention alternative, the User must submit documentation required by City or the
Pretreatment Standard necessary to determine the compliance status of the User, and contributing
information as is determined necessary to account for water usage, materials recovery, or disposal
practices.
c. All non-significant categorical industrial users (NSCIU) shall submit a report annually in the month
specified by the Director. The report shall be completed according to the City's current reporting
requirements, including the submittal of any applicable certification statements and data obtained
through appropriate sampling and analysis performed during the period covered by the report which
data are representative of conditions occurring during the reporting period.
d. If the Director has determined that needs a permit, then the NSIU shall submit a report annually in
the month specified by the Director. The report shall be completed according to the City's current
reporting requirements, including the submittal of any applicable certification statements.
e. All periodic compliance reports shall be signed and certified in accordance with section 86-90(c)(9)
of this article.
f. All wastewater samples shall be representative of the user's discharge. Wastewater monitoring and
flow measurement facilities shall be properly operated, kept clean, and maintained in good working
order at all times. The failure of a user to keep its monitoring equipment in good working order shall not
be grounds for the user to claim that sample results are unrepresentative of its discharge.
g. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if
the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that
pollutant was used in the analysis.
h. The authority, taking into consideration extenuating factors, may authorize the submission of said
reports on months other than those specified above.
(4) Analysis and sampling procedures
a. All pollutant analyses, including sampling techniques with chain-of-custodies, to be submitted as
part of a wastewater discharge permit application or any other reports 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. Non-detectable sample results may be used only as
a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with
the lowest minimum detection level for that pollutant was used in the analysis.
18
b. Sample collection.
1. Except as indicated in subsection (c)(4) b.2. below, the user must collect wastewater samples using
24-hour 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 grab
samples where the user demonstrates that this will provide a representative sample of the effluent
being discharged. Using protocols (including appropriate preservation) specified in 40 CFR Part 136
and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be
composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be
composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be
composited in the laboratory. Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized by the City, as
appropriate. In addition, grab samples may be required to show compliance with instantaneous
discharge limits.
2. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic
compounds must be obtained using grab collection techniques.
3. For sampling required in support of baseline monitoring and 90-day compliance reports required in
[40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical
sampling data do not exist; for facilities for which historical sampling data are available, the City
Superintendent may authorize a lower minimum.
4. For the reports required by paragraphs (40 CFR 403.12(e) and 403.12(h)), the Industrial User is
required to collect the number of grab samples necessary to assess and assure compliance by with
applicable Pretreatment Standards and Requirements.
(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 subsections (c)(4) and (b)(2), the results of this monitoring along with chain-of-custody
forms shall be included in the report.
(6) Significant non-categorical industrial user reporting. Significant non-categorical 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 pertormed in accordance with the techniques described in subsection (c)(4). This
sampling and analysis may be performed by the authority in lieu of the significant non-categorical
industrial user.
(7) Notification of changed discharge. Dischargers shall give prior written notification to the authority
and City of Fort Worth of any potential and actual significant changes in the volume or character of
pollutants in the discharge, and any changes at its facility that affect the potential for a Slug 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 20 percent 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) Signatory requirements.
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a. 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."
b. Annual Certification for Non-Significant Categorical Industrial Users-A facility determined to be a
Non-Significant Categorical Industrial User by the director pursuant to Section 86-86 & 86-90 (a) f.;
must annually submit the following certification statement signed in accordance with the signatory
requirements in 40 CFR 403.120(1)]. This certification must accompany an alternative report required
by the Director:
Based on my inquiry of the person or persons directly responsible for managing compliance with the
categorical Pretreatment Standards under 40 CFR , I certify that, to the best of my knowledge and
belief that during the period from to [months, days, year]:
(a) The facility described as [facility name] met the definition of a
Non-Significant Categorical Industrial User as described in Section 86-86 & 86-90 (a) f.;
(b) The facility complied with all applicable Pretreatment Standards and requirements during this
reporting period; and
(c) The facility never discharged categorical process wastewater on any given day during this
reporting period.
This compliance certification is based on the following information:
(10) Wastewater analysis. When requested by the authority, a user must submit information on the
nature and characteristics of its wastewater within 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 (SIU, NSCIU or NSIU) at least once a year
to determine compliance with the requirements of this subdivision. The director shall evaluate whether
each SIU, needs a plan to control slug discharges at the time of SIU determination or at least by the
first year.
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. User shall provide ample room in or near the monitoring facility to allow accurate
sampling and preparation of samples and analysis and whether constructed on public or private
property, the monitoring facilities should be provided in accordance with the City's requirements and all
applicable local construction standards and specifications, and such facilities shall be constructed and
maintained in such manner so as to enable the City to perform independent monitoring activities.
20
b. 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. If entry is denied or if a person in control cannot be located, the
director shall have every recourse provided by law to secure entry. Such recourse shall include the right
to obtain a search warrant under the guidelines of the Texas Code of Criminal Procedure; and for the
purposes of same, any person with enforcement authority under this chapter is hereby declared to be a
"health officer."
c. 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.
d. The industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic
inspection and sampling as often as may be deemed necessary by the authority. Samples shall be
collected in such manner as to be representative of the character and concentration 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.
e. 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 authority within 24 hours of becoming aware of the violation. Within
thirty (30) days submit to the director a report which addresses:
1. The time, date, location, processes, and operations associated with the violation, and the personnel
assigned responsibility and/or present during the violation;
2. The cause or probable cause of the noncompliance; and
3. The actions taken and implemented to meet permit conditions.
The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to
the authority within 30 days after becoming aware of the violation, except the industrial user is not
required to resample if:
a. The authority performs sampling at the industrial user at a frequency of at least once per month; or
b. The 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
21
system. If approved by the director, the measured quantity of water actually entering the sewer system
will be used to determine the sewer service charge.
Any discharger who procures all or part of its water supply from sources other than the 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.
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.
j. To incorporate, revise, or revoke new or existing Best Management Practices.
(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 subsection 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 subsection
(c)(1) herein. 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 discharger to 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.
22
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," "proprietary," or "company
confidential." Allegedly confidential portions of otherwise non-confidential 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 subsection (a)(2) herein, a minimum of 90 days prior to the expiration of the user's
existing wastewater discharge permit.
(1049-06, § 1, 3-14-2006)
Sec.86-91. Enforcement.
(a) Notice of violation.
(1) When a director finds that any person has violated, or continues to violate, this chapter or any
permit or order issued hereunder, the director may issue to such person a written notice of violation.
(2) No later than the tenth day after receipt of the notice, the violator shall submit to the issuing
director an explanation of the violation and a plan for the satisfactory correction and prevention of a
reoccurrence of the violation. Such plan shall include specific actions to be taken by the violator.
(3) If the violator denies that any violation occurred, or contends that no corrective action is necessary,
he shall submit to the director no later than the tenth day after receipt of the notice, a written
explanation of the basis of any such denial or contention.
(4) Submission of an explanation and/or plan in no way relieves a violator of liability for any violations
occurring before or after receipt of the notice of violation.
(5) Issuance of a notice of violation shall not be a bar against, nor a prerequisite for, taking any other
action against a violator.
(b) Non-emergency termination of water supply and/or discharge.
(1) A user who violates the following conditions is subject to the termination of its city-provided water
supply and/or its discharge:
a. Violation of wastewater discharge permit conditions;
b. Factually report the wastewater constituents and characteristics of its discharge; or
c. Failure to report significant changes in operations or wastewater volume, constituents or
characteristics prior to discharge; or
d. Allow reasonable access to the discharger's premises by representatives of the Authority for the
purpose of inspection or monitoring; or
e. Pay sewer charges; or
f. Meet compliance schedules; or
g. Fulfill the conditions of its permit, or this subdivision, or to obey any final judicial order with respect
thereto.
23
h. Failure to meet effluent limitations; including Best Management Practices, based on applicable
Pretreatment Standards;
i. A User who knowingly makes any false statements, representations, or certifications in any
application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to
this ordinance, individual wastewater discharge permit.
(2)
a. Whenever the authority finds that any discharger has engaged in conduct which justifies revocation
of a permit, pursuant to subsection (a) above, 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.
b. 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.
(3) The user shall not recommence its discharge until the director so authorizes and:
a. The user presents proof satisfactory to the director that the noncomplying discharge has ceased;
b. The user presents proof satisfactory to the director that the conditions creating the threat of
imminent and substantial danger have been eliminated;
c. The user pays the city for all costs the city will incur in reinstating services.
d. Exercise of this option by the director shall not be a bar to, nor a prerequisite for, taking any other
action against the user.
(c) Administrative orders. Where the violation of subsection (a), hereof is not corrected by means of
enforcement action listed in subsection (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.
(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
24
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 $5,000.00 per day
pursuant to V.T.C.A., Local Government Code § 54.018.
(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
not more than $2,000.00 for each offense.
(f) Emergency suspension of service and 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) Affirmative defenses to discharge violations for action in municipal or state court.
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.
(g.1) Affirmative defenses to upset.
In an action brought in federal court, it is an affirmative defense to an enforcement action brought for
noncompliance with categorical pretreatment standards that the noncompliance was caused by upset, if
the user demonstrates, through properly signed, contemporaneous operating logs, or other relevant
evidence that: An upset occurred and the user can identify the cause(s) of the upset; the facility was at
the time being operated in a prudent and workman-like manner and in compliance with applicable
operation and maintenance procedures; and Aany discharger who experiences an upset in operations
which places the discharger in a temporary state of non-compliance with this subdivision shall inform
the authority within 24 hours of first awareness of the commencement of the upset. Where such
25
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.
{~) 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.
(g.2.) Affirmative defenses to speck prohibited discharge standards.
It is an affirmative defense in federal court to an enforcement action brought against a user for
noncompliance with the general prohibitions of Section 86-88(a) or a specific prohibition of section 86-
88(d)(1), (5), (7), (14), or (17), that the user did not know, or have reason to know, that its discharge, alone
or in conjunction with discharges from other sources, would cause pass through or interference and that
either:
(1) A local limit exists for each pollutant discharged and the user was in compliance with each limit
directly prior to, and during, the pass through or interference; or
(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the
user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of
interference, was in compliance with applicable sludge use or disposal requirements.
(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
subsection (e)(3) herein.
Q) POTW pretreatment requirements. All POTW's shall be able to seek injunctive relief for
noncompliance by industrial 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 $1,000.00 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 [40 CFR Part] 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.
(1049-06, § 1, 3-14-2006)
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 years and make available for inspection and copying, any records, books, documents,
memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring
activities, sampling and chemical analyses made by or on behalf of a discharger in connection with its
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discharge and required by this article, and any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements including documentation
associated with Best Management Practices established under Sec. 86-88 (e)(10). 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. Records shall include the date, exact place, method, and time of
sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or methods used; and the results of such analyses.
(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. 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 a newspaper of
general circulation that provides meaningful public notice within the jurisdictions served by the City a list
of users that were in significant noncompliance (SNC) of federal pretreatment requirements during the
previous 12 months. Definition of significant noncompliance 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. Significant Industrial
Users are subject to the SNC criteria listed in paragraphs (1) through (8) below. Group II non-
significant industrial users that have been issued a permit shall be subject to SNC criteria listed in
paragraphs (3) through (8) below. Group VI non-significant categorical industrial users shall be subject
to SNC criteria listed in paragraphs (3) through (8) below. All other industrial users are subject to the
SNC criteria listed in paragraphs (3), (4) and (8) of this Section.
Significant non-compliance shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66)
percent or more of wastewater measurements taken for the same pollutant parameter during asix-
month period exceed a numeric pretreatment standard or requirement, including instantaneous limits
for the same pollutant parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent
or more of wastewater measurements taken for each pollutant parameter during asix-month period
equals or exceeds the product of the numeric pretreatment standard or requirement including
instantaneous limits multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and
1.2 for all other pollutants except pH);
(3) Any other discharge violation of a Pretreatment Standard or Requirement as defined by 40 CFR
403.3(1) (Daily Maximum, long-term average, instantaneous limits or a narrative standard) that the
director determines has caused, alone or in combination with other discharges, interference or pass
through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the
environment, or has resulted in the director's exercise of his emergency authority to halt or prevent
such a discharge;
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(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone
contained in a wastewater discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any required reports, including
baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines,
periodic reports (such as self-monitoring reports), and reports on compliance with compliance
schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s) which may include a violation of Best Management Practices, which the
director determines will adversely affect the operation or implementation of the local pretreatment
program.
(1049-06, § 1, 3-14-2006)
Secs. 86-93--86-110. Reserved.
Subdivision III. Rates and Charges
Sec. 86-111. Generally.
Sewer system rates and charges will be as provided in appendix A.
(Ord. No. 871-99, § II, 9-28-1999; Ord. No. 882-00, § II, 9-26-2000)
Sec. 86-112. Charge to fund improvements mandated by Environmental Protection
Agency administrative order.
(a) There is hereby imposed a monthly charge as provided in appendix A upon each sewer service
customer within the city. This additional charge is being imposed to finance improvements to the
wastewater and sewer collection system within the city as mandated by the U.S. Environmental
Protection Agency in an administrative order issued against the city. Such charge shall be stated
separately on each water and sewer bill, and shall be identified with an appropriate code and
explanation for the basis of such charge. This is a mandatory charge and must be paid by all customers
of the city sewer system.
(b) The charge imposed hereby shall begin to be imposed during the first billing cycle beginning on or
after March 1, 1998, and shall continue to be charged to each customer each month until it is repealed
or otherwise modified by action of the city council.
(c) When two or more residential living units (including apartments) are supplied with water from one
meter, such charge shall be imposed each month for each unit, adjusted by an occupancy factor of 90
percent.
(Ord. No. 834-98, § I, 2-24-1998)
Secs.86-113--86-140. Reserved.
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