HomeMy WebLinkAboutORD 03-018 ORDINANCE 03-018
ORDINANCE NO. 90-57
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY REPEALING, SECTIONS 28-100 THROUGH 28-106, AND
ENACTING NEW SECTIONS 28-100 THROUGH 28-106,
REGULATING THE DISPOSAL OF INDUSTRIAL
WASTEWATER IN THE CITY OF BEAUMONT; THE USE OF
PUBLIC AND PRIVATE SEWERS AND DRAINS; THE
REMOVAL AND DISPOSAL OF WASTEWATER FROM
HOLDING TANKS; PROVIDING A PENALTY; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR SEVERABILITY,
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1.
That Sections 28-100 through 28-103 of Chapter 28 of the Code of Ordinances, City of Beaumont,
Texas,be and the same are hereby repealed,and there is hereby enacted new Sections 28-100 through
28-106 of said Code of Ordinances to read as follows:
Purpose and Policy. This ordinance sets forth uniform requirements for Users of the Publicly
Owned Treatment Works(POTW)for the City of Beaumont and enables the City to comply with all
applicable State and Federal laws, including the Clean Water Act(33 United States Code§ 1251 et
seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations § 403). The
objectives of this ordinance are:
A. To prevent the introduction of pollutants into the POTW which will interfere with its
operation;
B. To prevent the introduction of pollutants into the POTW which do not receive adequate
treatment and which will pass through the POTW into the receiving waters or the atmosphere
or otherwise be incompatible with the POTW;
C. To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;
D. To protect the public using and the personnel operating the POTW.
This ordinance provides for the regulation of Users of the POTW through the enforcement of
administrative regulations. This ordinance authorizes the issuance of indirect discharge permits;
authorizes monitoring,compliance,and enforcement activities,including recovery of costs relating to
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Industrial User noncompliance; establishes administrative review procedures;requires User reporting;
and provides for the setting of fees for the equitable distribution of costs resulting from the program
described herein. This ordinance does not provide for the recovery of operations, maintenance or
replacement costs of the POTW or the costs associated with the construction of collection and
treatment systems used by Industrial Users in proportion to their use of the POTW, which are the
subject of separate enactments.
Abbreviations:
CFR—United States Code of Federal Regulations
gpd—gallons per day, in conjunction with water usage or wastewater discharge
RCRA—Resource Conservation and Recovery Act, a Federal Law
TAC—Texas Administrative Code
Section 28-100. Definitions.
As used in this article, the following terms shall have the respective meanings ascribed to them:
1) Act or "the Act": The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended.
2) The Administrator: The Region 6 Administrator of the Environmental Protection Agency or
his duly authorized representative.
3) Administrative Orders: Enforcement documents which direct an Industrial User to undertake
or cease specific activities. The orders may take the form of. Cease&Desist Orders,
Consent Orders, Show Cause Orders, or Compliance Orders.
4) Approval Authority: The Executive Director of the Texas Commission on Environmental Quality
(TCEQ). The TCEQ received the authorization to implement the NPDES Program in Texas.
5) Authorized Representative of Industrial User: An authorized representative of an Industrial User
may be: (1) An owner;(2) A principal executive officer of at least the level of vice-president,if
the Industrial User is a corporation; (3) Any partner or proprietor if the Industrial User is a
partnership or proprietorship,respectively;(4) A duly authorized representative of the individual
above if such representative is responsible for the overall operation of the facilities from which
the indirect discharge originates.
6) Biochemical Oxygen Demand (BODE The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five(5)days at twenty(20)
degrees centigrade, as specified in 40 CFR§ 136, expressed in milligrams per liter.
7) Building;Drain: That part of the lowest horizontal piping of a drainage system which receives the
discharge from waste and other drainage pipes inside the walls of the building and conveys it to
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the building sewer, beginning three (3) feet outside the inner face of the building wall.
8) Building Sewer: The extension from the building drain to the public sewer or other place of
disposal.
9) Chemical Oxygen Demand(COD) The measure of the oxygen consuming capacity of inorganic
and organic matter present in water, sewage, Industrial waste, or other liquid under standard
laboratory procedures as specified in 40 CFR § 136, expressed as milligrams per liter.
10) City, or the City: The City of Beaumont, Texas
11) Composite Sample: A compound sample created by combining samples taken at different times.
12) Control Authority: The City of Beaumont
13) Direct Discharge: The discharge of treated or untreated wastewater directly to the waters ofthe
State of Texas_
14) Director: The Water Utilities Division Manager of the City of Beaumont, or his authorized
deputy, agent or representative.
15) Domestic Wastewater: Waterborne waste normally discharged from the sanitary conveniences of
dwellings (including apartment houses and hotels), office buildings, factories, and institutions,
free from storm water, surface water, and Industrial waste. Normal domestic wastewater shall
mean "normal" sewage for the City, in which the following average concentrations are
established:
(a) BOD = 250 milligrams per liter
of wastewater
(b) COD = 550 milligrams per liter
of wastewater
(c) TSS = 300 milligrams per liter
of wastewater
(d) O& G = 200 milligrams per liter
of wastewater
16) Grab Sample: A sample which is taken from a waste stream on a one-time basis with no
regard to the flow in the waste stream and over a period of time not to exceed 15 minutes as
required in Appendix E of 40 CFR § 403.
17) Hazardous Waste: Any liquid, semi-liquid or solid waste (or combination of wastes), which
because of its quantity, concentration, physical, chemical or infectious characteristics may:
a) Have any of the following characteristics: toxic, corrosive, an irritant, a strong sensitizer,
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flammable or combustible, explosive or otherwise capable of causing substantial personal
injury or illness;
b) Pose a substantial hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise improperly managed, and is identified or
listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act, V.T.C.S.
Article 4477, or the Administrator,U. S.Environmental Protection Agency(EPA)pursuant
to the Federal"Solid Waste Disposal Act,"as amended by the"Resource Conservation and
Recovery Act of 1976" and as may be amended in the future.
18) Environmental Protection A eg_ncy, or EPA: The U. S. Environmental Protection Agency, or
other duly authorized official of said agency.
19) Extra-Territorial Jurisdiction: An area outside the corporate limits of a municipality as defined in
Local Government Code, § 42.021.
20) Garbage: Solid waste from the preparation, cooking and dispensing of food, and from the
handling, storage, and sale of produce. Properly shredded garbage has been 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.
21) Holding Tank Waste: Any waste from holding tanks such as vessels,chemical toilets,campers,
trailers, septic tanks, and vacuum-pump tank trucks.
22) 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.
23) Industrial User: Any person, business or governmental agency that discharges nondomestic
waste to the City wastewater treatment system.
24) Industrial Waste: All gases, solids or liquids resulting from any industrial, manufacturing,food
processing, oil and/or gas well and/or gas field site operations or processes, or from the
development of any natural resource,or any mixture of these with water or domestic wastewater.
25) Industrial Wastewater Discharge Permit: A permit required of all Significant Industrial Users to
deposit or discharge industrial wastewater to the City's wastewater treatment system. This
permit does not grant a waiver to allow discharge of any waste prohibited by this article or allow
discharge of any waste that exceeds the limits or is in violation of the requirements of this
ordinance.
26) Interference: The inhibition or disruption of the wastewater treatment system which contributes
to a violation of any requirement of the City's TPDES permit. This term includes prevention of
sewage sludge use or disposal by the wastewater treatment plant in accordance with Section 405
of the Act, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste
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Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent state
criteria applicable to the method of disposal or use employed by the wastewater treatment plant.
27) May: "May" is a permissive or discretionary statement.
28) Maximum Discharge Limit: The flow limitations as prescribed to collection system capacity and
allowable head loading at the POTW.
29) Non-Contact Cooling Water: Water used for cooling which does not come into direct contact
with any raw material, intermediate product, wastewater product, or finished product.
30) Non-Hazardous Waste Hauler Permit: A permit required of all persons engaged in draining,
flushing, or cleaning out any tanks containing chemical liquid wastes, septic tank wastes, oil and
grease trap wastes, or any type of domestic or nondomestic waste within the City. This permit
shall also be required of all persons transporting such wastes into the City for final disposal.
31) National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(B)
and (C) of the Act which applies to a specific category of Industrial Users.
32) Natural Outlet: Any outlet to a watercourse,pond,ditch,lake or other body of surface water or
groundwater.
33) National Pollutant Discharge Elimination System or NPDES Permit: A permit issued by the
EPA pursuant to Section 402 of the Act.
34) 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
and such standards are thereafter promulgated in accordance with that section,provided that the
source meets the requirements listed in 40 CFR§403.3 (k)including any amendments thereto.
35) Oil and Grease (O & G): The total quantity of material recovered under standard laboratory
procedures as specified in 40 CFR § 136, expressed as milligrams per liter.
36) Pass Through: A discharge which exits the POTW into waters of the United States in quantities
or concentrations which, alone or in conjunction with a discharge or discharges from other
sources,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.
37) Person: Any individual, partnership, co-partnership, firm, company, corporation, association,
joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal
representatives, agents, or assigns. This definition includes all Federal, State, and local
governmental entities.
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3 8) pH: The logarithm(base l 0)of the reciprocal of the concentration of hydrogen ions expressed in
grams per liter of solution.
39) Pollutant: Any substance discharged into a POTW or its collection system which is prohibited or
limited by Section 28-101 of this ordinance. This term includes 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 wastes.
40) Pollution: The man-made or man-induced alteration of the chemical,physical,biological and/or
radiological integrity of water.
41) POTW: Publicly Owned Treatment Works as defined in 40 CFR Section 403.3, including any
amendments thereto; the municipal wastewater treatment system.
42) 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 to the wastewater treatment system.
43) Pretreatment Requirement: Any substantive or procedural requirement related to Pretreatment,
other than a National Pretreatment Standard, imposed on an Industrial User.
44) Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the
EPA in accordance with Section 307 (b), and (c) of the Act which applies to Industrial Users.
This term includes prohibitive discharge limits.
45) Public Sewer: A sewer in which all owners of abutting properties have equal rights,and which is
controlled by public authority.
46) Sanitga Sewer: A sewer which carries wastewater to which storm, surface,and ground waters
are not intentionally admitted.
47) Significant Industrial User: Any Industrial User who;
a) has a discharge flow of process wastewater to the POTW(excluding sanitary, noncontact
cooling and boiler blowdown wastewater)of an average of twenty-five thousand(25,000)
gallons or more per average work day, or;
b) has a flow greater than ten(10)percent of the average daily flow in the City's wastewater
treatment system, or;
c) contributes a process waste stream which makes up 5 percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant;
d) is subject to requirements under the National Categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR Chapter I, Subchapter N, including any amendments thereto, or;
e) has a reasonable potential in the opinion of the Director to adversely affect the POTW's
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operation, or for violation, any pretreatment standard or requirement(in accordance with
40 CFR 403.8(f)(6) including any amendments thereto).
48) Significant Noncompliance: Instances of SNC are Industrial User violations which meet one or
more of the following criteria:
a) Violations of wastewater discharge limits.
(i) Chronic violations. Sixty-six percent or more of the measurements exceed the
same daily maximum limit or the same average limit in a 6-month period(any
magnitude of exceedance).
(ii) Technical Review Criteria(TRC)violations. Thirty-three percent or more of
the measurements exceed the same daily maximum limit or the same average
limit by more than the TRC in a 6-month period.
(iii) The TRC applies to those measurements found to be 1.4 times the limit for
BOD, TSS, fats, oil, and grease, and 1.2 times the limit for all other pollutants
except pH.
(iv) Any other violation(s)of an effluent limit(average or daily maximum)that the
City believes has caused, alone or in combination with other discharges,
interference(e.g., slug loads)or pass-through,or endangered the health of the
sewage treatment personnel or the public.
(v) Any discharge of a pollutant that has caused imminent endangerment to human
health/welfare or to the environment and has resulted in the City's exercise of
its emergency authority to halt or prevent such a discharge.
b) Violations of compliance schedule milestones, contained in a local control mechanism or
enforcement order,for starting construction,completing construction,and attaining final
compliance by 90 days or more after the scheduled date.
c) Failure to provide reports for compliance schedules, self-monitoring data, or categorical
standards(baseline monitoring reports,90-day compliance reports, and periodic reports)
within 30 days from the due date.
d) Failure to accurately report noncompliance.
e) Any other violation or group of violations that the City considers to be significant.
49) Sha11: "Shall" is a mandatory statement.
50) Slug: Any discharge at a flow rate or concentration which could cause a violation of the
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discharge standards of this ordinance or any discharge of a non-routine, episodic nature,
including but not limited to; an accidental spill or a non-customary batch discharge.
51) Standard Industrial Classification (SIC) Code: A classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and Budget.
52) Standard Methods: The examination and analytical procedures set forth in the latest EPA
approved edition, at the time of analysis, of Standard Methods for the Examination of Water and
Wastewater.
53) Storm Sewer: A sewer which carries storm and surface waters and drainage, but excludes
wastewater and polluted industrial waste.
54) Texas Commission on Environmental Qualhy or TCEQ. The TCEQ,the Administrator,or other
duly authorized official of said agency.
55) Texas Pollutant Discharge Elimination System or TPDES permit.
56) Total Suspended Solids(TSS): The total suspended matter that floats on the surface of, or is
suspended in,water,wastewater or other liquids, and which is removable by laboratory filtering,
as specified in Standard Methods, expressed in milligrams per liter.
57) Trap: A device designed to skim, settle, or otherwise remove grease,oil, sand,flammable waste
or other harmful substances from wastewater.
58) Wastewater: The liquid and water-carried industrial or domestic waste from dwellings,
commercial buildings, industrial facilities, and institutions together with any ground water,
surface water, and storm water that may be present whether treated or untreated, which is
discharged into or permitted to enter the wastewater treatment system.
59) Wastewater Treatment System: All facilities for collecting,pumping,treating, and disposing of
wastewater.
60) Unpolluted Water or Waste: Any water or waste containing none of the following: free or
emulsified grease or oil; acid or alkali; phenols or other substances imparting taste and odor in
receiving water; toxic poisonous substances in suspension, colloidal state or solution; and
noxious and odorous gases. It shall contain not more than ten(10)milligrams per liter each of
suspended solids and B.O.D. The color shall not exceed fifty(50)parts per million as measured
by the Platinum-Cobalt method as listed in Standard Methods.
61) Upset: An event that would otherwise be a violation of this ordinance or permit issued under the
ordinance which was caused solely by an act of God,war, strike, riot, or other catastrophe,and
was unpreventable, then the event is not a violation of the ordinance or permit.
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62) Watercourse: A channel in which a flow of water occurs, either continuously or intermittently.
Section 28-101: Use of the Public Sewers
1) general Discharge Prohibitions: No User may introduce into the POTW any pollutant(s)which
cause pass through or interference. No User shall contribute, directly or indirectly, any of the
following described materials,waters, or wastes. These prohibitions apply to all dischargers into
the wastewater treatment system,whether or not the User is subject to any National Categorical
Pretreatment Standard, any permit requirements as a Significant User,or any other national,state
or local standards or requirements:
a) Any discharges with a closed-cup flashpoint of less than one hundred forty(140) degrees
Fahrenheit. At no time shall two(2) successive readings on an explosion hazard meter, at
the point of discharge to the system,be more than five percent(5%)nor any single reading
over ten percent (10%) of the Lower Explosive Limit of the meter. Prohibited materials
include gasoline,benzene,naphtha,fuel oil or any other flammable or explosive liquid,solid
or gas.
b) Any liquids, solids or gases, which by reason of their nature or quantity are, or may be
sufficient either alone or by interaction with other substances to cause fire or explosion.
c) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure or other solid or viscous substances which cause obstruction to the
flow in sewers or other interferences with the proper operation of the wastewater treatment
system.
d) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees
Fahrenheit (65 degrees centigrade), or which will cause the temperature of the total
wastewater treatment plant influent to increase at a rate of ten(10)degrees Fahrenheit(5.5
degrees centigrade)per hour, or a combined total increase of plant influent temperature to
one hundred four(104) degrees Fahrenheit (40 degrees centigrade).
e) Any wastewater having a pH less than six(6.00) or higher than eleven(11.00) or having
any other corrosive property capable of causing damage or hazard to structures,equipment,
or personnel of the wastewater treatment system.
f) Any garbage that has not been properly shredded.
g) Any waste or water containing suspended or dissolved solids of such character and quantity
that unusual attention or expense is required to handle such material at the wastewater
treatment plant or in the collection system.
h) Any discharges that result in toxic gases, fumes, or vapors in a quantity capable of causing
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a potential health and safety hazard to either the public or wastewater treatment personnel
or any noxious or malodorous gas or substance capable of creating a public nuisance.
i) Any water or waste containing a toxic or poisonous pollutant in sufficient quantity to inure
or interfere with any wastewater treatment process, constitute a hazard to humans or
animals, or cause the City to violate its TPDES permit for receiving water quality
standards. A toxic pollutant shall include, but not be limited to any pollutant identified
pursuant to Section 307(a) of the Act.
j) Any wastewater with objectionable color not removed in the treatment process.
k) Any wastewater exceeding the Local Limits set by the Control Authority and approved by
the administrator. The following pollutant limits are established to protect against pass
through and interference. No person shall discharge wastewater containing in excess of the
following:
Any heavy metals, in solution or suspension, in concentration exceeding the following local
limit(in milligrams per liter):
Arsenic................................................................................................. 4.0
Cadmium ............................................................................................ 0.3
\ Chromium(Total) ............................................................................ 21.0
Copper ................................................................................................. 1.9
Lead .....................................................................................................1.8
� Mercury ...............................................................
.............................0.005
Nickel ...................................................................................................4.0
Selenium .............................................................................................. 1.4
Silver ....................................................................................................3.0
Zinc ......................................................................................................8.0
Any phenols greater than ten(10.0)milligrams per liter
Any cyanide greater than one and four-tenths(1.40)milligrams per liter as CN.
The above limits apply at the point where the wastewater is discharged to the POTW. All
concentrations for metallic substances are for"total"metal unless indicated otherwise. The
Director may impose mass limitations in addition to, or in place of,the concentration-based
limitations above. The limits will apply to end of pipe of wastewater stream and/or process
waste stream as determined by state and federal regulations.
The City reserves the right to establish, by ordinance or in industrial wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW.
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1) Any chloride concentrations great enough to raise the chloride content of the POTW effluent
above 400 mg/l.
m) Any pollutants,including oxygen demanding pollutants(B.O.D., etc.),released as a slug flow
which will cause interference to the wastewater treatment plant.
n) Any wastewater containing any radioactive waste or isotopes of such concentration as may
exceed applicable state or federal regulations.
o) Any substance which may cause the wastewater treatment plant's effluent or any other
product of the wastewater treatment system such as residues, sludges, or scums to be
unsuitable for reclamation and reuse, or to interfere with the reclamation process. Industrial
User facilities utilizing or otherwise handling chemical substances in such a manner that may
generate either characteristic or listed hazardous waste shall be required by the director to
perform hazardous waste determinations on their process waste and/or wastewater.
p) Any fat. oil, or grease in excess of two hundred (200) milligrams per liter.
q) Any petroleum oil, non-biodegradable cutting oil, or products of mineral origin in amounts
that will cause interference or pass through.
r) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
2) Dilution:No User shall increase the use of potable or process water or,in any other way, attempt
to dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the local limits or the applicable pretreatment standards. The City may impose
mass limitations on Users that are using dilution to meet the pretreatment standards or
requirements of the ordinance, or in other cases where the imposition of mass limitations is
deemed appropriate by the City.
3) Discharge of Manufacturing, Industrial, etc Wastewater:
a) When the director determines that a User is contributing to the wastewater treatment
system any of the above enumerated substances in such amounts as to interfere with the
operation of the system,the User shall be advised of the impact on the system and effluent
limitations for such User will be developed to correct the interference, or the waste will be
prohibited from entering the system.
b) Where acids or chemicals damaging to sewer lines or treatment processes are released to
the system, causing rapid structural deterioration and/or interfering with proper treatment
of wastewater, and/or presenting imminent danger to wastewater treatment personnel,the
director is authorized to immediately terminate service until such time as the User's
discharge is in compliance with this article.
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4) Discharge of Storm Water,etc. to Sanitary Sewer Prohibited: No person shall discharge or cause
to be discharged any storm water, surface water,ground water, roof runoff, subsurface drainage
or unpolluted industrial process water to any sanitary sewer without prior written approval ofthe
director.
5) Designation of Sewers for Storm Water, etc.: In compliance with applicable state and federal
statutes, the director may designate storm sewers and other watercourses into which unpolluted
drainage described in Subsection 3 of this section may be discharged.
6) Compliance with Existing Authority
a) Unless exception is granted by the director, the public sewer system shall be used by all
persons discharging-
(1) Wastewater
(ii) Liquid industrial wastes; or
(iii) Polluted liquids
b) Unless authorized by the Texas Commission on Environmental Quality and/or EPA, no
person may deposit or discharge any waste included in paragraph(a) of this subsection on
public or private property in or adjacent to any:
(i) Natural outlet;
(ii) Watercourse;
(iii) Storm Sewer; or
(iv) Other area within the jurisdiction of the City.
c) The director shall verify prior to discharge that wastes authorized to be discharged will
receive suitable treatment within the provisions of the laws,regulations, ordinances,rules and
orders of federal, state, and local government.
7) General Permits: All Significant Industrial Users shall obtain an Industrial Wastewater Discharge
Permit. All existing significant Users connected or contributing to the wastewater treatment
system shall obtain an Industrial Wastewater Discharge Permit within 30 days after the effective
date of this article.
8) Non-Hazardous Waste Hauler Permits: No person shall drain, flush or clean out any tanks or
basins containing chemical liquid wastes, septic tank wastes, oil and grease trap wastes, or any
other type of domestic or non-domestic liquid wastes and dispose of such wastes into the City's
sanitary sewer system unless such person is issued a permit by the City. Any disposal site within
the City, and method of disposal,must be approved by the director. Copies of trip tickets shall be
maintained and made available for inspection at any reasonable time.
9) Federal Categorical Pretreatment Standard: Upon the promulgation of the Federal Categorical
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Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more
stringent than the limitations imposed under this article for sources in that subcategory, shall
immediately supercede the limitations imposed under this article. The director will attempt to
notify all affected Users of the applicable reporting requirements under 40CFR§403.12;however,
it will be incumbent on all Users to keep themselves apprised of current local, state, and federal
laws.
10)Excessive Discharge: No User shall ever increase the use of process water, or in any way
attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in this article. Flow restrictions may apply where an
Industrial User's flow exceeds twenty percent (20%) of the POTW's average daily flow.
11)Accidental Discharges: Each Industrial User shall provide protection from accidental discharge of
prohibited materials or other substances regulated by this article. The following requirements also
apply:
a) Facilities to prevent accidental discharge of prohibited materials shall be provided and
maintained at the owner's or User's own cost and expense. When required by the.director,
detailed plans showing facilities and operating procedures to provide this protection shall be
submitted for review and shall be approved before construction of the facility. All existing
Users shall submit the above information when required by the director,within ninety(90)
days of written notice.
b) In the case of an accidental discharge, it is the responsibility of the User to immediately
telephone and notify the wastewater treatment plant superintendent of the incident. The
notification shall include location of discharge, type of waste, concentration,volume, and
corrective actions.
c) Within five(5)days following an accidental discharge;the User shall submit to the director
a detailed written report describing the cause of the discharge and the measures to be taken
by the User to prevent similar occurrences. Such notification shall not relieve the User of
any expense, loss, damage or other liability which may be incurred as a result of damage to
the wastewater treatment system, fish kills, or other damage to person or property; nor
shall such notification relieve the User of any fines, civil penalties, or other liability which
may be imposed by this article or other applicable law.
d) A notice shall be permanently posted on the User's bulletin board or other prominent place
advising employees who to call in the event of a dangerous discharge. Employers shall
insure that all employees who may cause or suffer such a dangerous discharge to occur are
advised of the emergency notification procedure.
e) Failure to notify the director of an accidental discharge may result in legal action or
discontinuation of utility service.
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12) Pretreatment: Where necessary to comply with the provisions of this article, the User shall
provide, at his expense, such preliminary treatment as may be necessary to reduce objectionable
characteristics or constituents to within acceptable limits, or to control the quantities and rates of
discharge of such waters or waste. Plans, specifications, and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted for the approval of the
director and the chief plumbing inspector, and no construction of such facilities shall be
commenced until said approvals are obtained in writing. The following requirements also apply:
a) Grease, oil, and sand traps shall be provided for the proper handling of liquid wastes
containing grease or flammable wastes, sand and other harmful ingredients, except that such
interceptors shall not be required for premises used exclusively as private living quarters or
dwelling units.
b) Grease and oil traps shall be constructed of impervious materials capable of withstanding
abrupt and extreme changes in temperature_ They shall be located as to be readily and easily
accessible for cleaning and inspection.
c) Where preliminary treatment facilities are provided for any waters or waste, they shall be
maintained continuously in satisfactory and effective operation by the User at his expense.
13)Inspection Manhole: When required by the director, an Industrial User shall install a suitable
inspection manhole in the building sewer to facilitate observation, sampling, and measurement of
the wastes. Such manhole shall be accessible and safely located, and shall be constructed in
accordance with plans approved by the director and the chief plumbing inspector. The manhole
shall be installed and maintained by the User at his expense.
14)Inspection, Sampling, and Analysis: The City shall inspect the facilities of any User to ascertain
whether the requirements of this article are being met. All Users designated as Significant
Industrial Users shall be inspected and sampled a minimum of once per year. This shall not
prohibit the City from more frequent sample collection or inspections. Persons or occupants of
the Industrial User facility where wastewater is created or discharged shall allow the director
and/or his representatives (the State(TCEQ) and EPA, along with other City personnel) ready
access at all reasonable times to all parts of the premises for the purposes of inspection, sampling
for routine or independent samples, records examination, or in the performance of any of their
duties. The City shall have the right to set up on the User's property such devices as are
necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
Where a User has security measures in force which would require proper identification and
clearance before entry into their premises,the User shall make necessary arrangements with their
security guards so that upon presentation of suitable identification,personnel from the City will be
permitted to enter without delay,for the purpose of performing their specific responsibilities. All
analyses shall be performed in accordance with procedures established by the Administrator
pursuant to Section 304 (h) of the Act and contained in 40 CFR, Part 136 and amendments
thereto. Sampling shall be performed in accordance with the techniques approved by the EPA.
Where 40 CFI; , Part 136, does not include a sampling or analytical technique for the pollutant in
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question, sampling and analysis shall be performed by using validated analytical methods or any
other applicable sampling and analytical procedures approved by the Administrator. All Users
who are required by this article to develop data for submittal to the City shall comply with this
paragraph.
15)Existing Pretreatment: Detailed plans showing any pretreatment facilities and operating
procedures required to meet pretreatment standards or permit requirements, shall be submitted to
the City for review, and shall be acceptable to the City before construction of the facilities. The
review of such plans and procedures will in no way relieve the User from the responsibility of
modifying the facility, as necessary, to produce an effluent acceptable to the City under the
provisions of this article. Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the City prior to the User's initiation of the
changes.
1 b)Noncompliance: The City shall annually publish in the Beaumont Enterprise newspaper a list of
the Users which were in Significant Noncompliance as defined by the EPA, of any pretreatment
standards, permit requirements, or other provisions of this article. The notification shall also
summarize any enforcement action taken against the Users during the same twelve months.
17)Confidential Information: Information and data on a User obtained from reports,questionnaires,
permit applications, permits and monitoring programs and from inspections shall be available to
the public or other governmental agencies without restriction unless the User specifically requests
and is able to demonstrate to the satisfaction of the City that the release of such information
would divulge information entitled to protection as trade secrets of the User. When requested by
the User,the portions of a report which might disclose trade secrets or secret processes shall not
be made available for inspection by the public,but shall be made available upon written request to
governmental agencies for uses related to the article, the TPDES Permit, state disposal system
permit and/or pretreatment program and other judicial reviews or enforcement proceedings by
state or federal agencies. Any information requested to be held confidential shall be stamped
"confidential business information" on each page containing such information. Confidential
information will be treated in accordance with the City's written Confidential Statement
Procedure. Wastewater constituents and characteristics will not be recognized as confidential
information.
18)State Requirements: Requirements and limitations on discharges, issued by the State of Texas,
shall apply in any case where they are more stringent than requirements and limitations in this
article.
19)City's Right of Revision: The City reserves the right to establish by ordinance more stringent
limitations or requirements on discharges to the wastewater treatment system if deemed necessary
to meet or comply with new federal or state regulations.
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Section 28-102. Permits.
1) Industrial Wastewater Discharge Permit Application: Users required to obtain an Industrial
Wastewater Discharge Permit (Significant Users) shall complete and file with the City, an
application in the form prescribed by the City. Existing Significant Users shall apply for an
Industrial Wastewater Discharge Permit within 30 days after the effective date of this article,and
proposed new Significant Users shall apply at least 90 days prior to connecting to or contributing
to the wastewater treatment system. In support of the application,the User shall submit,in units
and terms appropriate for evaluation, the following information:
a) Name, mailing address, and location(if different from the mailing address).
b) SIC number according to the most recent edition of Standard Industrial Classification Manual,
Office of Management and Budget;
c) Wastewater constituents and characteristics including,but not limited to,those mentioned in
Section 28-101 of this article as determined by a reliable analytical laboratory. Sampling and
analysis shall be performed in accordance with procedures established by the EPA pursuant to
Section 304(h) of the Act and contained in 40 CFR, Part 136, as amended;
d) Time and duration of contribution;
e) Average daily and thirty-(30)minute peak wastewater flow rates,including daily,monthly and
seasonal variations, if any;
f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer
connections, and existing or proposed monitoring facilities and appurtenances by the size,
location, and elevation;
g) Description of activities, facilities and plant processes on the premises including all materials
which are or could be discharged;
h) The nature and concentration of any pollutants in the discharge which are limited by any City,
state, or federal pretreatment standards, and a statement regarding whether or not the
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 for the User to
meet applicable pretreatment standards;
i) If additional pretreatment and/or O&M will be required to meet the pretreatment standards,
the shortest schedule by which the User will provide such additional pretreatment. The
completion date in this schedule shall not be later than the compliance date established for the
applicable pretreatment standard:
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(i.) The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the User to meet the
applicable pretreatment standards (i.e., hiring an engineer, completing
preliminary plans, completing final plans, executing contract for major
comments, commencing construction, etc.)
(ii.) No increment referred to in paragraph(i) shall exceed nine(9) months.
(iii.) Not later than 14 days following each date in the schedule and the final date
for compliance, the User shall submit a progress report to the director
including, as a minimum, whether or not it complied with the increment of
progress to be met on such 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 User to return the construction to the schedule established.
In no event shall more than nine (9) months elapse between such progress
reports to the director.
j) Each product produced by type, amount, process or processes and rate of production;
k) Type and amount of raw materials processed (average and maximum per day);
1) Number and type of employees, hours of operation of plant and proposed or actual hours of
operation of the pretreatment system;
m) Any other information as may be deemed by the City to be necessary to evaluate the permit
application.
n) The City will evaluate the data furnished by the User and may require additional information.
After evaluation and acceptance of the data furnished, the director may issue an Industrial
Waste Permit subject to terms and conditions provided herein.
2) Permit Modifications: Within nine (9) months of the promulgation of a National Categorical
Pretreatment Standard, the Industrial Wastewater Discharge Permit of Users subject to such
standards shall be revised to require compliance with such standard within the time frame
prescribed by such standard. Where a User, subject to a standard, has not previously submitted
an application for an Industrial Wastewater Discharge Permit as required by Subsection(1)(the
User shall submit an Industrial Waste Permit Application to the City within three(3)months of
the Promulgation of the National Categorical Pretreatment Standard.)
3) Extra-Territorial Jurisdiction Industrial Users. Any User located beyond the City limits required
to obtain an Indirect Discharge Permit shall submit a permit application within ninety(90)days
prior to discharging to the POTW as outlined in Section 28-102 (1) of this ordinance, and be
subject to all requirements of this article.
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a) If the Industrial User is within a jurisdiction where the City does not have the legal authority l
to enforce the ordinance as written, a Multijurisdictional Agreement shall be filed with the
municipality or county in which the Industrial User is located.
b) Any Industrial User that is outside of the City limits shall request its municipality jurisdiction
to enter into a Multi-Jurisdiction Agreement with the City.
4) Temporary Indirect Discharge Permits. The City may issue Indirect Discharge Permits to address
temporary,nondomestic discharges to the POTW. Each temporary discharge must receive prior
written approval from the City. Wastewater sources that are subject to temporary permitting
include,but are not limited to, storm water,ground water,cooling water,process water, cleanup
water from spills, leaking underground storage tanks, and monitoring wells. Each Temporary
Discharge Permit must be reviewed and reissued if the User wishes to discharge past the original
expiration date. Users issued Temporary Indirect Discharge Permits shall pay all applicable
charges and fees and meet such other conditions as required by the City.
5) Permit Conditions: Industrial Wastewater Discharge Permits shall be expressly subject to all
provisions of this article and all other applicable regulations,User charges and fees established by
the City. Permits shall contain the following provisions to insure compliance with permit
conditions:
a) The unit charge or schedule of User charges and fees for the wastewater to be discharged
to a community sewer;
b) Limits on the maximum wastewater constituents and characteristics;
c) Limits on average and maximum rate and time of discharge or requirements for flow
regulations and equalization;
d) Requirements for installation and maintenance of inspection and sampling facilities,and for
offering the City access thereto;
e) Specifications for self-monitoring requirements shall include sampling locations,frequency
of sampling, number, types and standards for tests and reporting schedule;
f) Compliance schedules;
g) Requirements for submission of technical reports or discharge reports;
h) Requirements for maintaining and retaining plant records relating to wastewater discharge
as specified by the City and affording the City access thereto;
i) Requirements for notification of the director of any new introduction of wastewater
constituents, any substantial change in volume or character of the wastewater constituents
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being introduced into the wastewater treatment system and any plans for the installation of
new processes;
j) Requirements for notification of potential problems, including slug loading and accidental
discharges;
k) Requirements for hazardous waste determinations on waste and wastewater generated at
the permitted facility.
1) Other parameters or conditions as deemed appropriate by the director to ensure compliance
with this ordinance.
m) The Permittee may be required to conduct effluent monitoring at an increased frequency
when effluent parameters are violated during the permit period.
6) Deny: The City reserves the right to deny or condition new or increased contributions of
pollutants to the POTW by Industrial Users where such contributions do not meet applicable
pretreatment Standards and Requirements or where such contributions would cause the POTW to
violate its TPDES permit.
7) Permits Duration: Permits shall be issued for a specific time period,not to exceed three(3)years.
A permit may be issued for a period less than a year or may be stated to expire on a specific date.
The User shall apply for permit reissuance a minimum of 90 days prior to the expiration of the
User's existing permit. The terms and conditions of the permit may change as limitations or
requirements as identified in Section 28-101 are modified or other just cause exists. The User
shall be informed of any proposed changes in his 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.
8) Permit Transfer: Industrial Wastewater Discharge Permits are issued to a specific User for a
specific operation. A permit shall not be reassigned,transferred or sold to new owner,new User,
different premises, or a new or changed operation without the approval of the City.
9) Reporting;Requirements for Permittee: The following shall apply to reporting requirements under
this subsection:
a) Within 90 days following the date for final compliance with applicable categorical
pretreatment standards or, in the case of a new source, following commencement of the
introduction of wastewater to the wastewater treatment system, any User subject to
categorical pretreatment standards and requirements shall submit to the director a report
indicating the nature, concentration, and flow of all pollutants in the discharge from the
regulated process which are limited by categorical pretreatment standards. The average and
maximum daily flow for these process units in the User's facility which are limited by such
pretreatment standards shall be included in the report. The report shall state whether the \
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applicable pretreatment standards are being met on a consistent basis and, if not, what
additional O&M and/or pretreatment is necessary to bring the User into compliance. This
statement shall be signed by an Authorized Representative of the User, and certified by a
professional engineer.
b) Any Industrial User subject to a categorical Pretreatment Standard, after compliance date of
such Pretreatment Standard, or, in the case of a New Source, after commencement of the
discharge into the POTW, shall submit to the director a report for continued compliance no
less than twice a year as determined by the pretreatment year,unless required more frequently
in the Pretreatment Standard or by the director or the Approval Authority, indicating the
nature, concentration, and flow of the pollutants in the effluent which are limited.
c) All Significant Industrial Users,whether or not subject to categorical pretreatment standards,
shall submit once every six months on dates specified by the director and/or periodic
discharge monitoring reports as required in the User's permit, indicating the nature,
concentration, and flow of pollutants in the effluent which are limited by pretreatment
standards or permit requirements.
d) Where an Industrial User's or the City's sampling data indicates a violation of effluent
parameters, other than surchargeable parameters, the Industrial User must repeat sampling
and analysis for the parameter(s) violated and submit the analytical results to the director
within 30 days.
e) The City will, on occasion, do monitoring in lieu of the User, however, the User shall
compensate the City for cost of the monitoring including sampling, analysis, labor, and
reporting.
f) These reports shall be based on sampling and analysis performed in the period covered by the
report, and performed in accordance with the techniques specified in 40 CFR § 136 and
amendments thereto.
g) The director may impose mass limitations on Users which are using dilution to meet
applicable pretreatment standards or permit requirements or in other cases where the
imposition of mass limitations is appropriate. In such cases the User's discharge monitoring
reports shall indicate the mass of pollutants regulated by Pretreatment Standards in the
effluent of the User. These reports shall contain the results of sampling and analysis of the
discharge, including the flow and the nature and concentration, or production and mass,
where requested by the City of pollutants contained therein which are limited by the applicable
Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable
Pretreatment Standard, or as deemed necessary by the City.
h) Application Signatories and Certification. All wastewater discharge permit applications and
User reports must be signed by an authorized representative of the User and contain the
following certification statement: "I certify under penalty of law that this document and all
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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 directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations."
i) Monitoring Reports to demonstrate continued compliance. Periodic reports required shall
contain the results of sampling and analysis of the discharge,including the flow and the nature
and concentration, or production and mass where requested by the City, of pollutants
contained therein which are limited by the applicable Pretreatment Standards.
j) The frequency of monitoring will be established according to requirements for assessing and
ensuring compliance with applicable pretreatment standards and requirements. The
monitoring will be conducted during the period covered by the report, which data is
representative of conditions occurring during the reporting periods.
k) Records shall include for all samples:
(i.) Chain of custody with the date, exact place, method, and time of sampling and the
names of the person or persons taking the samples;
(ii.) Dates analyses were performed;
(iii.) Who performed the analyses;
(iv.) The analytical techniques/methods used; and
(v.) The results of such analyses;
(vi.) The quality control and assurance performed to validate the analyses.
1) Non-compliance rMprtin_g_ Industrial User shall give 24 hours,notice of becoming aware of a
noncompliance with pretreatment standards and/or requirements. A written report shall be
submitted with explanation of reason for the noncompliance within 5-days after becoming
aware of the noncompliance. The Industrial User shall conduct repeat analysis, within 30
days of the first noncompliance to show continued compliance.
m) Report-keeping requirements: Any Industrial User subject to the reporting requirements
established in this ordinance shall be required to retain for a minimum of 3 years any records
of monitoring activities and results(whether or not such monitoring activities are required by
this ordinance) and shall make such records available for inspection and copying by the
director and the administrator. This period of retention shall be extended during the course of
any unresolved litigation regarding the Industrial User or when requested by the director or
the administrator.
10)Monitoring Facilities: All Significant Industrial Users shall provide a suitable inspection manhole
to allow inspection, sampling, and flow measurement, as required by Section 28-101(13).
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11)Non-Hazardous Waste Transporter Permits: The following provisions shall apply to all persons
required to obtain a Non-Hazardous Waste Hauler Permit for the purpose of transporting non-
hazardous waste as required by Section 28-101(8) of this article:
a) Persons requesting a non-hazardous waste hauler permit shall make application on a form
provided by the City and provide such information as the City may reasonably request and
shall have obtained a Texas Commission on Environmental Quality Sludge Transporter
Registration number.
b) All applicants shall submit for inspection by the City each vehicle the applicant proposes to
use to transport liquid waste. Each vehicle shall be constructed, equipped and identified in
accordance with the following provisions:
(i) Business name in three-inch high or larger letters shall be permanently
displayed on both sides of the vehicle;
(ii) Vehicle shall be equipped for safe operation;
(iii) Vacuum tanks and associated piping shall be liquid tight and permanently
attached to the vehicle;
(iv) Piping, valves, and connections shall be accessible and easy to clean;
(v) Inlet, outlet of tank to be constructed so that collected waste will not spill
during filling, transfer, or during transport;
c) A permit shall be issued by the City upon proof by the applicant that he has adequate and
proper equipment to perform the services contemplated, and has sufficient knowledge of
chemical hazards, septic tank or other sewage disposal system construction to perform the
services contemplated in a safe and competent manner.
d) The legal company name and number of the permit granted hereunder shall be plainly painted
on each side of each motor vehicle used in the conduct of the business permitted hereunder.
e) Upon payment of the fee, the City shall issue a permit to haul non-hazardous wastes. A non-
hazardous waste permit shall be issued for a one-year period and shall be non-transferable.
f) The following conditions shall apply to all non-hazardous waste hauler permits:
(i) A permit to transport non-hazardous waste issued by the City prohibits the
hauling of hazardous waste and the co-mingling of hazardous waste with non-
hazardous waste.
(ii) The City shall be notified of management changes during the permit period,
and provided with the new manager's name.
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(iii) The flushing of-solids from a grease or sand trap into the sanitary sewer
system is strictly prohibited.
g) The director may reject the disposal of any waste exhibiting chemical characteristics or
concentrations that exceed the limitations set forth in Sections 28-100 & 28-101.
h) The director may suspend or revoke the permit of a vehicle which is being operated in
violation of Section 28-102, and he may authorize the holding of the vehicle until the violation
is corrected.
i) Copies of trip tickets, as required by federal, state, or local regulation shall be maintained for
a minimum period of five years and shall be made available for inspection by the director at
any reasonable time. All wastes disposed within the City shall be noted on trip tickets
prescribed by the City and shall contain the following:
(i) Name and permit number of hauler;
(ii) Name of driver;
(iii)Date(s) of waste pickup-,
(iv)Name, address, and phone number of generator(s);
(v) Description of wastes (chemical name, commercial name, etc.), and total gallons of
wastes to be discharged;
(vi)Hauler's Texas Commission on Environmental Quality Registration Number;
j) The director may revoke a permit if it is determined that a Permittee:
(i) Has violated a provision of this Ordinance;
(ii) Has failed to pay a required fee-,
(iii)Has failed to comply with maintenance or inspection requirements.
(iv)Has violated applicable Federal or State regulations pertaining to the collection,
transportation or disposal of wastes.
(v) Has falsified information on the hauler's permit application.
k) A Permittee whose permit is suspended or revoked shall not dispose of any waste materials
within the jurisdiction of the City.
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Section 28-103. Enforcement.
1) Harmful Contributions: The director may suspend the (water service,) wastewater treatment
service and/or a wastewater discharge permit when such suspension is necessary,in the opinion of
the director, in order to:
a) Stop an actual or threatened discharge which presents or may present an imminent or
substantial endangerment to the health or welfare of persons, to the environment, causes
interference to the POTW or causes the City to violate any condition of its TPDES Permit.
b) Prevent the discharge of prohibited substances to the POTW(or the environment);
c) Prevent the continual violation of a wastewater discharge permit,
Any person notified of a suspension of the water service, wastewater treatment service and/or the
wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a
failure of the person to comply voluntarily with the suspension order, the director shall take such
steps as deemed necessary including immediate severance of the sewer connection. The director may
reinstate the wastewater discharge permit and/or the wastewater treatment service, or water service
upon proof (1) of the elimination of the non-complying discharge or provision of adequate
pretreatment facilities to comply with the discharge permit, (2)payment of costs incurred by the City,
and (3) submission of information as deemed necessary by the director for permit modification. A
detailed written statement by the User describing the causes of the harmful discharge and the
measures taken to prevent any future occurrence shall be submitted to the City within fifteen(15)
days of the date of occurrence.
2) Revocation of Permit: Any User who violates the following conditions of this article, or
applicable state and federal regulations,is subject to having his permit revoked in accordance with
the procedures of this section:
a) Failure of the User to factually report the wastewater constituents and characteristics of his
discharge.
b) Failure of the User to report significant changes in operations,or wastewater constituents and
characteristics.
c) Refusal of reasonable access to the User's premises for the purpose of inspection or
monitoring; or,
d) Violation of conditions of the permit.
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3) Notification of Violation: Whenever the City finds that any User has violated this article,
Industrial Wastewater Discharge Permit, or any prohibition,limitation or requirement contained
herein, the City may serve upon such person a written notice stating the nature of the violation.
Within 5 days of the date of the notice,the User shall submit to the City satisfactory evidence of
correction of the violation.
4) Administrative Order: If the Industrial User fails to correct a violation within 15 days of
receiving a Notification of Violation, the City shall issue an Administrative Order for the
correction of this violation. The User is not relieved of responsibility for unauthorized discharges
which occur within the 15-day interval.
5) Show Cause Hearing: The City may order any User who causes or allows an unauthorized
discharge to enter the waste treatment system to show cause before the City Council why the
proposed enforcement action should not be taken. A notice shall be served on the User
specifying the date, time and place of a hearing to be held by the City Council regarding why the
action is to be taken, the proposed enforcement action, and directing the User to show cause
before the City Council why the proposed enforcement action should not be taken. The notice of
the hearing shall be served personally or by registered or certified mail(return receipt requested)
at least ten (10) days before the hearing. Service may be made on any agent or officer of a
corporation.
a) The City Council may conduct the hearing and take the evidence, or may designate a
representative or committee to:
(i) Issue, in the name of the City Council,notices of hearings requesting the attendance and
testimony of witnesses and the production of evidence relevant to any matter involved in
such hearings.
(ii) Take the evidence.
(iii)Transmit a report of the evidence and hearing, including transcripts and other evidence,
together with recommendations to the City Council.
b) At any hearing held pursuant to this article,testimony must be taken under oath and recorded
stenographically. The transcript, so recorded, will be made available to any member of the
public or any party to the hearing upon payment of the usual charges thereof.
c) After the City Council has reviewed the evidence, it may issue an order to the User
responsible for the discharge directing that, following a specified time period, the sewer
service be discontinued unless the unauthorized discharge is properly treated, or otherwise
prevented from entering the wastewater treatment system, or proof of a valid treatment upset
is shown. Further orders and directives as are necessary and appropriate may be issued.
25
s
6) Legal Action: If any User discharges sewage, industrial waste or other waste into the City's
wastewater treatment system contrary to the provisions of this article, Federal or State
pretreatment requirements, or any other orders of the City, the City Attorney may commence an
action for appropriate legal and/or equitable relief in the City municipal court, or the appropriate
state court.
L,;'la) Injunctive Relief. When the City finds that a User has violated, or continues to violate, any
provision of this ordinance,a wastewater discharge permit,or order issued hereunder,or any
other pretreatment standard or Federal or State requirement, the City through the City
Attorney may commence an action for the issuance of a temporary or permanent injunction,
as appropriate,in Municipal court or the appropriate State court,which restrains or compels
the specific performance of the wastewater discharge permit, order, or other requirement
imposed by this ordinance on activities of the User. The City 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 injunctive relief shall not be a bar against,
or a prerequisite for, taking any other action against a User.
(/b) Fraud and False Statements: Any reports or other documents required to be submitted or
maintained under this ordinance of user permits shall be subject to:
(i) The provisions of 18 U.S.0 Section 1001 relating to fraud and false
statements;
(ii) The provisions of Sections 309(c)(4)of the Act, as amended,governing false
statements, representation or certification; and
(iii)The provisions of Section 309(c)(6)regarding responsible corporate officers
Section 28-104. Fees and Surcharges.
1) Industrial Wastewater Discharge Permits: For each industrial wastewater discharge permit or
non-hazardous waste hauler permit issued pursuant to this article each User shall pay a fee as
established by the City Manager for the duration of the said permit. Permits may remain in full
force for a period of three(3)years from the date of issuance,unless sooner revoked,and shall be
non-transferable.
2) Monitoring Fees: Each Significant User for which the City has reporting requirements under EPA
National Categorical Pretreatment Standards or its TPDES Permit shall compensate the City for
the cost of sampling and laboratory service required for monitoring discharges. The director shall
determine the number of samples and the frequency of sampling necessary to comply with the
reporting requirements.
3) Monitoring Fees Associated with Compliance Schedules: Any Industrial User placed on a
compliance schedule will pay for associated sampling and analytical services to monitor return to
26
compliance.
4) User Surcharge: Users discharging industrial wastewater which exhibit none ofthe characteristics
of waste prohibited herein other than excessive oxygen demand and suspended solids,but having
a concentration in excess of normal sewage as defined in Section 28-100 as normal domestic
wastewater may be accepted for treatment if the User agrees to a surcharge over and above the
regular sewer rates as established by the City. The method for computing the surcharge shall be
based on the following formula:
Oxygen Demand Surcharge (BOD or COD)
Co= [Bc (AB)] Vu or Co= [Cc (AC)] Vu
Total Suspended Solids Surcharge (TSS)
Cs= [Sc(AS)] Vu
Total Surcharge
Ct= Co+Cs+
Where: Co= Surcharge for excessive BOD or COD, whichever is higher.
Cs= Surcharge for excessive total suspended solids.
Ct=Total surcharge.
Bc=BOD cost per milligram per liter per million gallons.
Cc=COD cost per milligram per liter per million gallons.
Sc=Total Suspended Solids cost per milligram per liter per million gallons.
AB=User BOD -Normal BOD=(BOD-250).
Ac=User COD -Normal COD=(COD-550).
AS=User TSS -Normal TSS=(TSS-300).
Vu=Volume from User per month in million gallons(MG).
Surcharges for BOD,COD, and TSS shall be as established under Article 3, Section 28-5 l(a).
Water and Sewer Regulations Generally.
The combined totals of the Oxygen Demand and Suspended Solids surcharges shall equal the
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Total Surcharge to be billed. The basis for determining the surcharges shall be reviewed as
deemed necessary by the director and shall be adjusted to reflect any change in wastewater
treatment cost.
Determination of the average concentration of strength of the User's waste shall be made by
the City based on tests conducted on representative samples collected by the City at least
once each year. However,the User may request in writing that parallel sampling and tests at
all times be made by the User and the City, in which case the surcharge may be made,
assuming City approval of the User's test methods, using the average of comparable values
obtained by the User and the City.
Section 28-105. Power and Authority of Enforcing Agents.
The director and other duly authorized employees of the City bearing proper credentials and
identification shall be permitted to enter upon all properties whenever necessary to conduct an
inspection or to enforce any of the provisions of this article. The director or his authorized
representative may enter all properties at all reasonable times to inspect the same or to
perform any duty imposed upon the City by this article. If such entry is refused, or if no
owner or other person having charge or control of the property can be located,the director or
his authorized representative shall have recourse to every remedy provided by law to secure
entry.
Section 28-106. Penalties: Costs.
1. Civil Penalties: Any person who is found to have violated an order of the City Council or
failed to comply with provisions of this article, and the orders,rules,regulations and permits
issued hereunder, shall be guilty of a misdemeanor, and, upon conviction thereof:, shall be
punished by a fine not to exceed two thousand dollars ($2,000) as prescribed by state law.
Each day in which any such violation shall continue shall be deemed a separate offense.
(a) In addition to the penalties provided herein,the City may recover reasonable
attorneys' fees, court costs, court reporter's fees and other expenses of
litigation, and any other expense, loss or damage occasioned by the City by
reason of such violation,by appropriate suit at law against the person found to
have violated this article or the orders, rules, regulations, and permits issued
hereunder.
(b) The Director may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the City.
(c) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for,
taking any other action against a user.
2. Any person who knowingly makes any false statements, representation or certification in any
28
application, record, report,plan or other document filed or required to be maintained pursuant to
this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this article, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be punished by a fine not to exceed two thousand ($2,000) dollars as
prescribed by State law.
3. Administrative Fines: When the City finds that a User has violated or continues to
violate any provision of this ordinance, an indirect discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the City may fine such User
in an amount of$1,000 per day per violation. In the case of monthly or other long-term
average discharge limits, fines may be assessed for each day during the period of
violation. Issuance of an administrative fine shall not be a bar against, or a prerequisite
for, taking any other action against the User.
4. Criminal Prosecution: A User who willfully or negligently violates any provision of this
ordinance, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall, upon conviction,be guilty of a misdemeanor,
punishable by a fine or imprisonment, or both.
Section 2.
All other articles, ordinances, and parts of other articles or ordinances inconsistent or
conflicting with any part of this article are hereby repealed to the extent of such inconsistency or
conflict.
Section 3.
If any provisions, paragraph, work, or section of this article is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full
force and effect.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18'day of March,
2003.
- yor Evelyn M. Lord-
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