HomeMy WebLinkAboutORD 90-57 ORDINANCE NO.
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
WASTE 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hereby repealed and there is hereby enacted new Sections 28-100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:
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) 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.
(5) Biochemical Oxygen Demand (B O D. 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 Standard Methods, expressed in
milligrams per liter.
(6) 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 the building sewer, beginning three (3) feet outside
the inner face of the building wall.
(7) Building Sewer: The extension from the building
drain to the public sewer or other place of disposal.
(8) Chemical Oxygen Demand (C.O.D. ) : 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 Standard Methods, expressed
as milligrams per liter.
(9) City, or the City: The City of Beaumont, Texas
(10) Composite Sample: A compound sample created by
combining samples taken at different times.
(11) Direct Discharge: The discharge of treated or
untreated wastewater directly to the waters of the State of Texas.
(12) Director: The director of the Water Utilities
Department of the City of Beaumont, or his authorized deputy, agent
or representative.
(13) 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) B.O.D. = 250 milligrams per liter
of wastewater
(b) C.O.D. = 550 milligrams per liter
of wastewater
(c) S.S. = 300 milligrams per liter
of wastewater
(d) O.& G. = 200 milligrams per liter
of wastewater
(14) 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 without consideration of time.
(15) 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, 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.
(16) Environmental Protection Agency, or EPA: The U. S.
Environmental Protection Agency, the Administrator, or other duly
authorized official of said agency.
(17) 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.
(18) Holding Tank Waste: Any waste from holding tanks
such as vessels, chemical toilets, campers, trailers, septic tanks,
and vacuum-pump tank trucks.
(19) Industrial User: Any person, business or
governmental agency that discharges nondomestic waste to the city
wastewater treatment system.
(20) Industrial Waste: All airborne 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.
(21) Industrial waste Permit: A permit required of all
significant industrial users to deposit or discharge industrial
waste 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.
(22) Interference: The inhibition or disruption of the
wastewater treatment system which contributes to a violation of any
requirement of the city's NPDES 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 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.
(23) 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.
(24) 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.
(25) Natural Outlet: Any outlet to a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
(26) National Pollutant Discharge Elimination System or
NPDES Permit: A permit issued by the EPA pursuant to section 402
of the Act.
(27) Oil and Grease (O. & G. ) • The total quantity of
material (primarily biological lipids and mineral hydrocarbons)
recovered as a substance soluble in trichlorotrifluoroethane,
expressed as milligrams per liter under standard laboratory
procedures as specified in Standard Methods.
(28) PH: The logarithm (base 10) of the reciprocal of
the concentration of hydrogen ions expressed in grams per liter of
solution.
(29) Pollution: The man-made or man-induced alteration
of the chemical, physical, biological and/or radiological integrity
of water.
(30) POTW: Publicly Owned Treatment Works as defined in
40 CFR Section 403 .3, including any amendments thereto; the
municipal wastewater treatment system.
(31) 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.
(32) Public Sewer: A sewer in which all owners of
abutting properties have equal rights, and which is controlled by
public authority.
(33) Sanitary Sewer: A sewer which carries wastewater
to which storm, surface, and ground waters are not intentionally
admitted.
(34) Significant Industrial User: Any industrial user
who; (1) has a discharge flow average of 25, 000 gallons or more
per average work day, or (2) has a flow greater than 1% of the
average daily flow in the city's wastewater treatment system, or
(3) is subject to requirements under the National Categorical
Pretreatment Standards, or (4) has a reasonable potential in the
opinion of the City to adversely affect the POTW's operation.
(35) Significant Noncompliance: Instances of SNC are
industrial user violations which meet one or more of the following
criteria:
(1) Violations of wastewater discharge limits.
a. 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) .
b. 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.
The TRC for all toxic parameters other than pH
shall be TRC = 1.2 .
C. 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.
d. 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.
(2) 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 schedule
date.
(3) 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.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations that the
city considers to be significant.
(36) Slua: Any discharge of water, wastewater or
industrial waste other than toxic materials which in concentration
of any given constituent or in quantity of flow exceeds for any
period of duration longer than fifteen (15) minutes, more than five
(5) times the average twenty-four (24) hour concentration or flows
during normal operation.
(37) Standard Methods: The examination and analytical
procedures set forth in the latest edition, at the time of
analysis, of Standard Methods for the Examination of Water and
Wastewater.
(38) Storm Sewer: A sewer which carries storm and
surface waters and drainage, but excludes wastewater and polluted
industrial waste.
(39) Suspended Solids (S.S. ) : 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.
(40) Trap: A device designed to skim, settle, or
otherwise remove grease, oil, sand, flammable waste or other
harmful substances from wastewater.
(41) 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.
(42) Wastewater Treatment System: All facilities for
collecting, pumping, treating, and disposing of wastewater.
(43) 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.
(44) 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 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 and 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 fat, oil, grease, 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 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 injure or interfere with any
wastewater treatment process, constitute a hazard to humans or
animals, or cause the city to violate its NPDES 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 heavy metals, in solution or suspension, in
concentration exceeding the following (in milligrams per liter) :
Arsenic . . . . . . . . . . 9. 0
Cadmium . . . . . . . . . . 0.3
Chromium (Hex. ) . . . . . . 1.0
Chromium (Total) . . . . . 21. 0
Copper. . . . . . . . . . . 2 .5
Lead . . . . . . . . . . . 1.8
Mercury . . . . . . . . . . 0. 005
Nickel . . . . . . . . . . 4.0
Selenium . . . . . . . . . 6. 0
Silver . . . . . . . . . . 5.0
Zinc . . . . . . . . . . . 8.0
liter. (1) Any phenols greater than ten (10. 0) milligrams per
(m) Any cyanide greater than one and four-tenths (1.40)
milligrams per liter as CN.
(n) Any chloride concentrations great enough to raise
the chloride content of the POTW effluent above 400 mg/1.
(o) Any pollutants including oxygen demanding pollutants
(B.O.D. , etc. ) released as a slug flow which will cause
interference to the wastewater treatment plant.
(p) Any wastewater containing any radioactive waste or
isotopes of such concentration as may exceed applicable state or
federal regulations.
(q) 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.
(2) 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.
(3) 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 of the director.
(4) 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 three (3) of this
section may be discharged.
(5) Compliance with Existing Authority:
(a) Unless exception is granted by the director, the
public sewer system shall be used by all persons discharging:
(i) Wastewater
(ii) Liquid industrial wastes; or
(iii) Polluted liquids
(b) Unless authorized by the Texas Water Commission
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.
(6) General Permits: All significant users proposing
to connect to or contribute to the wastewater treatment system.
All existing significant users connected or contributing to the
wastewater treatment system shall obtain an Industrial Waste Permit
within 180 days after the effective date of this article.
(7) 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.
(8) Federal Categorical Pretreatment Standard: Upon the
promulgation of the federal categorical 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.
(9) 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.
(10) 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
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.
(11) 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.
(12) 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.
(13) Inspection, Sampling, and Analysis: The city shall
inspect the facilities of any user to ascertain whether the
requirements of this article are being met. Persons or occupants
of the industrial user facility where wastewater is created or
discharged shall allow the director or his representatives ready
access at all reasonable times to all parts of the premises for the
purposes of inspection, sampling, 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 purposes of performing their specific
responsibilities. All analyses shall be performed in accordance
with procedures established by the Administrator pursuant to
Section 304 (g) 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 CFR, Part 136 does
not include a sampling or analytical technique for the pollutant
in question, sampling and analysis shall be performed in accordance
with the procedures set forth in the EPA publication and amendments
thereto. All users who are required by this article to develop data
for submittal to the city shall comply with this paragraph.
(14) 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.
(15) 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 E.P.A. , 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 12
months.
(16) 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 NPDES Permit, state
disposal system permit and/or pretreatment program and other
judicial reviews or enforcement proceedings by state or federal
agencies.
Wastewater constituents and characteristics will not be
recognized as confidential information.
Information accepted by the city as confidential shall
not be transmitted to any governmental agency or to the general
public by the city until and unless a ten (10) day written
notification is given to the user.
(17) 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 a n d
limitations in this article.
(18) 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.
Section 28-102 . Permits.
(1) Industrial Waste Permit Application: Users required
to obtain an Industrial waste 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 Waste Permit within 30 days after the effective
date of this article, and proposed new significant users shall
apply at lease 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 Standard Industrial
Classification Manual, Bureau of the Budget, 1987, as amended;
(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 (g) 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:
(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 (e.g. 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, and 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.
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 Waste 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 Waste Permit as required by subsection (1) .
(3) Permit Conditions: Industrial Waste 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 monitoring programs which may
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 being introduced into
the wastewater treatment system and any plans for
the installation of new processes;
j . Requirements for notification of 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.
The permittee may be required to conduct effluent
monitoring at an increased frequency when effluent
parameters are violated during the permit period.
(4) 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 180 days prior to the expiration of the user's existing
permit. The terms and conditions of the permit 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.
(5) Permit Transfer: Industrial Waste 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.
(6) 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 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
pretreatment standards and requirements shall submit to the
director a report indicating the nature and concentration of all
pollutants in the discharge from the regulated process which are
limited by pretreatment standards, and the average and maximum
daily flow for these process units in the user's facility which
are limited by such pretreatment standards. The report shall
state whether the 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) All significant users, whether or not subject to
applicable pretreatment standards, shall submit 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. 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.
(c) 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 are 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.
(7) Monitoring Facilities: All significant users shall
provide a suitable inspection manhole to allow inspection,
sampling, and flow measurement,as required by section 28-101(13) .
(8) 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(7)
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 Department of Health waste hauler
certification 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.
(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 one year 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 Department of Health Certification
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.
A permittee whose permit is suspended or revoked shall
not dispose of any waste materials within the jurisdiction of the
city.
Section 28-103 . Enforcement.
(1) Harmful Contributions: The director may suspend
the 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 NPDES permit.
the POTW; (b) Prevent the discharge of prohibited substances to
(c) Prevent the continual violation of a wastewater
discharge permit;
Any person notified of a suspension of the 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 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.
(3) Notification of Violation: Whenever the city finds
that any user has violated this article, Industrial Waste 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 15 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 authorized 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.
The city council may conduct the hearing and take the
evidence, or may designate a representative or committee to:
(a) 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.
(b) Take the evidence.
(c) Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with
recommendations to the city council.
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.
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. Further orders and directives as are necessary
and appropriate may be issued.
(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.
Section 28-104 . Fees and Surcharges
(1) Industrial Waste Permits: For each industrial
waste 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 NPDES 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) Monitorina 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 compliance.
(4) User Surcharge: Users discharging industrial waste
which exhibit none of the 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 (B.O.D. or C.O.D. )
Co= [Bc (AB) ] Vu or Co= [Cc (AC) ] Vu
Suspended Solids Surcharge (S.S. )
Cs= [Sc (AS) ] Vu
Total Surcharge
Ct= Co+Cs+
Where: Co= Surcharge for excessive B.O.D. or C.O.D. ,
whichever is higher.
Cs= Surcharge for excessive suspended solids.
Ct= Total surcharge.
Bc= B.O.D. cost per milligram per liter per
million gallons.
Cc= C.O.D. cost per milligram per liter per
million gallons.
Sc= Suspended Solids cost per milligram per
liter per million gallons.
AB= User B.O.D. - Normal B.O.D.=(B.O.D.-250) .
Ac= User C.O.D. - Normal C.O.D.=(C.O.D.-550) .
AS= User S.S. - Normal S.S.=(S.S.-300) .
Vu= Volume from User per month in million
gallons (M.G. ) .
Surcharges for B.O.D. , C.O.D. , and T.S.S. shall be as
established under Article 3, Section 28-51 (a) . Water and Sewer
Regulations Generally.
The combined totals of the Oxygen Demand, and Suspended
Solids, surcharges shall equal the Total Surcharge to be billed.
The basis for determining the surcharges shall be reviewed a
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 ($2, 000. 00) dollars as prescribed by state law. Each
day in which any such violation shall continue shall be deemed a
separate offense. In addition to the penalties provided herein,
the city may recover reasonable attorney's 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.
Any person who knowingly makes any false statements,
representation or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this article, or who falsified, 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. 00) dollars as prescribed by state
law.
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 this the day of 19 Ya .
a
Mayor Pro Tem -