HomeMy WebLinkAboutORD 22-070ORDINANCE NO.22-070
ENTITLED AN ORDINANCE REPEALING THE CURRENT
ORDINANCE FOR CHAPTER 22 OF THE CODE OF
ORDINANCES, ARTICLE 22.03 INDUSTRIAL WASTE
STANDARDS TO COMPLY WITH TCEQ AND EPA
REQUIREMENTS
WHEREAS, the current Ordinance for Chapter 22 of the Code of Ordinances,
Article 22.03 Industrial Waste Standards is being repealed and a new Ordinance is
being proposed to remain in compliance with TCEQ and EPA requirements as attached
hereto as "Exhibit A," and;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the new Ordinance is required to remain in compliance with TCEQ and
EPA requirements; and,
THAT the new proposed changes for Article 22.03 Industrial Waste Standards is
hereby adopted and is attached hereto in "Exhibit A."
The meeting at which this ordinance was adopted in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
November, 2022.
- Mayor Robin Mouton -
City of Beaumont's Industrial
Pretreatment Program
(Article 22.03 Industrial Waste Standards)
Fact Sheet: Pretreatment Program Summary of Changes Made
Under the EPA's Streamlining Rule
What is Industrial Pretreatment?
Industrial Pretreatment sets forth uniform requirements for industrial users of the Publicly
Owned Treatment Works (POTW) for the City of Beaumont, which includes the sanitary sewer
collection system and wastewater treatment plant, and enables the City to comply with all
applicable State and Federal laws, including the Clean Water Act and the General Pretreatment
Regulations. The objectives of the program are:
A. To prevent the introduction of pollutants into the POTW that will interfere with its
operation;
B. To prevent the introduction of pollutants into the POTW that will pass through the
POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the
POTW;
C. To protect both POTW personnel who may be affected by wastewater and sludge in the
course of their employment and the general public;
D. To promote reuse and recycling of industrial wastewater and sludge from the POTW;
E. To enable the City to comply with its National Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements, and any other Federal or State
laws to which the POTW is subject.
How is it administered?
The Director of Water and Sewer Operations and/or the Water Quality Control Manager for the
City of Beaumont administer, implement, and enforce the provisions of the Industrial
Pretreatment Program through the legal authority granted by the Industrial Waste Standards
ordinance. The ordinance authorizes:
A. The issuance of individual wastewater discharge permits;
B. Provides for monitoring, compliance, and enforcement activities;
C. Establishes administrative review procedures;
D. Requires industrial user reporting.
What is the Streamlining Rule?
In 2005, the EPA published the Final Streamlining Rule in the Federal Register revising several
provisions of the General Pretreatment Regulations (40 CFR Part 403) with the goal of providing
the Control Authority (the City) the flexibility to reduce the burden of technical and
administrative requirements without undermining the environmental objectives of the
Pretreatment Program. Thereafter, Approval Authorities (states) adopted the revisions and began
requiring Control Authorities to modify their pretreatment programs and submit these
modifications for review.
The City of Beaumont first submitted program modifications to TCEQ in 2015. The city and
TCEQ collaborated on inclusion of the required streamlining provisions in the pretreatment
program up until August 2022, when the final submission was reviewed and considered technical
complete by the Approval Authority.
While the majority of the regulatory changes made in the final Pretreatment Streamlining Rule
are not required and therefore . have not been adopted by the state or the city, there are a few
streamlining provisions that are considered requirements.
What are the Streamlining Rule requirements?
1. Requirements to control slug discharges, if determined by the POTW to be
necessary.
• Slug discharge is defined as "any discharge of a non -routine, episodic nature,
including but not limited to an accidental spill or a non -customary batch
discharge, which has a reasonable potential to cause interference or pass
through, or in any other way violate the POTW's regulations, local limits or
permit conditions.
• This provision requires the pretreatment program to include all applicable slug
control requirements in the SIU's (Significant Industrial User) control
mechanism (permit), and evaluate all SIU's for the need for a slug control
plan at least one time if the POTW has not yet done so. It also requires SIU's
to notify the POTW immediately of any changes at its facility affecting the
potential for a slug discharge.
• The city's Industrial Pretreatment Program already implements various levels
of slug discharge requirements, therefore this provision is only slightly more
stringent and considered minor.
2. Significant Industrial User (SIU) control mechanisms must contain any
BMPs (Best Management Practices) required by a Pretreatment Standard,
local limits, state, or local law, and documentation of compliance with BMP
requirements must be maintained as part of the SIU's and POTW's
recordkeeping requirements.
• Best Management Practices (BMPs) is defined as "a schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to implement the prohibitions ... BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials
storage."
• This revision merely clarifies that applicable BMPs would be required to be
included in control mechanisms, and that the POTW should have the legal
authority and procedures to implement it.
3. How and when the POTW can designate a "duly authorized employee" to
sign POTW reports.
• The pretreatment regulations now specify that the POTW must, in writing by
the principal executive officer or ranking elected official of the POTW,
authorize the use of a "duly authorized employee."
• POTWs are not required to make this change, although they will be required
to follow the new state requirements relating to "duly authorized employee"
signatures upon their adoption.
4. Revised and broadened language that define numeric and narrative
violations constituting Significant Noncompliance (SNC)
• Significant Noncompliance (SNC) is defined as "any violation or group of
violations, which may include a violation of Best Management Practices,
which the POTW determines will adversely affect the operation or
implementation of the local pretreatment program."
• The new provision slightly broadens discretion as to what can be interpreted
by the POTW as adversely affecting the collection system. Additionally, late
report deadlines were extended from 30 days to 45 days, and in the event SNC
has occurred, publication can now take place in any paper of general
circulation within the jurisdiction that provides meaningful public notice.
Conclusion
The City of Beaumont's Industrial Pretreatment Program is mature and robust, and impact of the
EPA's Streamlining Rule is considered minimal, producing little to no ramifications on
permitted industries. Most revisions affect uniformity of pretreatment program documentation,
with no changes in current legal authority provided by ordinance concerning administrative and
judicial enforcement remedies.
Cory Sellars
Water Quality Control Manager
City of Beaumont's Industrial
Pretreatment Program
(Article 22.03 Industrial Waste Standards)
Fact Sheet: Reevaluation of Technically Based Local Limits
(TBLLs)
What are Technically Based Local Limits (TBLLs)?
Publicly Owned Treatment Works (POTWs) are responsible for knowing the character and
volume of pollutants being discharged into their wastewater treatment system in order to protect
the treatment facility, receiving water quality, worker health and safety, and ensure that the
sludge use and disposal practices are adequate to protect public health and the environment.
Technically Based Local Limits (TBLLs), also referred to as local limits, are wastewater
limitations that apply to commercial and industrial facilities that discharge to a POTW. In order
to establish or revise technically based local limits, POTWs must use the best available technical
information to determine, for each pollutant of concern, the maximum loading that can be
accepted by each treatment facility.
How are local limits developed?
The City of Beaumont authorized Freese and Nichols, 'Inc. in 2016 to reevaluate the TBLLs for
its Hillebrandt Wastewater Treatment Plant in accordance with the provisions of the city's Texas
Pollutant Discharge Elimination System (TPDES) permit.
The local limits reevaluation process starts with a sampling plan being developed and executed,
whereby Pollutants of Concern (POCs) are identified in the city's wastewater, as well as in the
sludge generated and disposed of by the WWTP. Based upon the analytical results of the
sampling, and incorporating flow rates, removal efficiencies, and the treatment plant's Maximum
Allowable Headworks Loading, the data is compiled and concentrations of POCs are proposed to
TCEQ for their approval.
What is the current status of the City of Beaumont's TBLL reevaluation?
The TCEQ has completed its review of the proposed substantial modification to incorporate the
revised Technically Based Local Limits (TBLLs) into the City of Beaumont's approved
pretreatment program.
The proposed substantial modification package was originally submitted in May of 2016. The
TCEQ has determined that this substantial program modification is technically complete, and the
TCEQ is in agreement with the City of Beaumont on the proposed TBLLs for the Hillebrandt
Wastewater Treatment Facility, as shown in the table below:
Pollutant of
Concern
.Arsenic
Cadmium
Chromium, Total
-Cop2er
Cyanide, Total
Lead
Mercui
Nickel
Selenium
Silver
Zinc
Non 1 henol
Oil & Grease
Phenol
What has changed?
Hillebrandt WWTF TBLLs
(mg/L)
Proposed by the CA and
accepted by the TCEQ
4.0
0.3
21.0
1.0
1.4
1.8
0.005
4.0
1.
1.18
8.0
3.72
200
10
As a result of the City of Beaumont's reevaluation of its TBLLs, all concentration limits remain
unchanged except for the following two:
• Mercury - 0.05 mg/L to 0.005 mg/L
• Silver - 3.00 mg/L to i.18 mg/L
In addition, the organic compound Nonylphenol was detected in TBLL sampling and has thus
been added to the pretreatment program's POC list at an accepted limit of 3.72 mg/L. Based
upon the type of industrial activity conducted by permittees within the City of Beaumont, these
new limits should have little to no impact.
Furthermore, it should be noted that the City of Beaumont's TPDES permit was renewed in
January of 2019, and is not set to expire until January of 2024. Although the new TBLLs are
required by TCEQ to be adopted into the Industrial Waste Ordinance, the city is not required to
enforce the new limits until the new TPDES permit is issued. This can be done by the city
drafting a resolution stating its intent to delay effectiveness of the limits until issuance of the new
permit.
Cory Sellars
Water Quality Control Manager
ARTICLE 22.03 INDUSTRIAL WASTE STANDARDS
SECTION 22.03.001—GENERAL PROVISIONS
(a) Purpose and Policy
This ordinance sets fortis uniform requirements for Users of the Publicly Owned Treatment Works
(POTW) for the City of Beaumont (City) and enables the City to comply with all applicable State and
Federal laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 et seq.) and
the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The
objectives of this ordinance are:
(1) To prevent the introduction of pollutants into the POTW that will interfere with its operation;
(2) To prevent the introduction of pollutants into the POTW that will pass through the POTW,
inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
(3) To protect both POTW personnel who may be affected by wastewater and sludge in the course of
their employment and the general public;
(4) To promote reuse and recycling of industrial wastewater and sludge from the POTW;
(5) To enable the City to comply with its Texas Pollutant Discharge Elimination System permit
conditions, sludge use and disposal requirements, and any other Federal or State laws to which
the POTW is subject.
This ordinance shall apply to all Users of the POTW. The ordinance authorizes the issuance of individual
wastewater discharge permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; and requires User reporting. 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 the Industrial Users in
proportion to their use of the POTW, which are the subject of separate enactments.
(b) Administration
The Director and/or the Water Quality Manager, except as otherwise provided herein, shall administer,
implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon
the Water Quality Manager maybe delegated by the Water Quality Manager to a duly authorized deputy,
agent, or representative.
(c) Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated meanings:
- BOD — Biochemical Oxygen Demand
- BMP — Best Management Practice
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EXHIBIT "A"
- BMR—Baseline Monitoring Report
- CFR — Code of Federal Regulations
- CIU — Categorical Industrial User
- COD — Chemical Oxygen Demand
- EPA — U.S. Environmental Protection Agency
- gpd — Gallons per day
- IU — Industrial User
- mg/L -- Milligrams per liter
- NPDES — National Pollutant Discharge Elimination System
- NSCIU—Non-Significant Categorical Industrial User
- POTW — Publicly Owned Treatment Works
- RCRA — Resource Conservation and Recovery Act
- SIU — Significant Industrial User
- SNC — Significant Noncompliance
- TAC —Texas Administrative Code
- TCEQ —Texas Commission on Environmental Quality
- TSS — Total Suspended Solids
- U.S.C. — United States Code
(d) Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance,
shall have the meanings hereinafter designated.
Act or "the Act": The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. section 1251 et seq.
Administrative Orders: Enforcement documents which direct an Industrial User to undertake or cease
specific activities. The order may take the form of Cease & Desist Orders, Consent Orders, Show
Cause Orders, and/or Compliance Orders.
Approval Authority: Texas Commission on Environmental Quality (TCEQ).
Authorized or Duly Authorized Representative of the Industrial User:
(1) If the User is a corporation:
(A) The president, secretary, treasurer, or a vice-president of the corporation in charge of a
principal business fimction, or any other person who performs similar policy or decision -
making functions for the corporation; or
(13) The manager of one or more manufacturing, production, or operating facilities, provided
the manager is authorized to make management decisions that govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiate and direct other comprehensive measures to
assure long-term environmental compliance with environmental laws and regulations;
can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for individual wastewater discharge permit requirements; and
where authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
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(2) If the User is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(3) If the User is a Federal, State, or local governmental facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility, or their designee.
(4) The individuals described in paragraphs (1) through (3), above, may designate a Duly
Authorized Representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company and the written authorization is submitted to the City.
Best Management Practices or BMPs: means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed in
Section 22.03.002 (1) and (2). [40 CFR 463.5(a)(1) and (b)]. BMPs include treatment requirements,
operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw materials storage.
Biochemical Oxygen Demand or BOD: The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees
centigrade, usually expressed as a concentration (e.g., mg/1).
Building_ Drain: That part of the lowest horizontal piping of a drainage system which receives the
discharge 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.
BuildingSewer: ewer: The extension from the building drain to the public sewer or other place of disposal.
Categorical Industrial User: An Industrial User subject to a categorical Pretreatment Standard or
categorical Standard.
Categorical Pretreatment Standard or Categorical Standard: Any regulation containing pollutant
discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33
U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I,
Subchapter N, Parts 405-471.
Chemical Oxygen Demand or COD: A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
C� The City of Beaumont.
Composite Sample: A mixture of individual samples (grab samples) collected over a specific period
of time (e.g., twenty-four (24) hours for a daily composite).
Control Authority: The City of Beaumont.
Daily Discharge: The discharge of a pollutant measured during a calendar day or any 24 hour period
that reasonable represents the calendar day for purposes of sampling,
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Daily Maximum: The arithmetic average of all effluent samples for a pollutant collected during a
calendar day.
Daily Maximum Limit: The maximum allowable discharge limit of a pollutant during a calendar day.
Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration derived from all measurements taken
that day.
Direct Discharge: The discharge of treated or untreated wastewater directly to the water of the State
of Texas.
Director: The Director of Water and Sewer Operations of the City of Beaumont, or his authorized
deputy, agent, or representative.
Domestic Wastewater: Waterborne waste normally discharged from the sanitary convenience of
dwellings (including apartment houses and hotels), office buildings, factories, and institutions, free
from storm water, surface water, and industrial waste.
Environmental Protection A ency or EPA: The U.S. Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, the Regional Administrator, or other
duly authorized official of said agency.
Existing Source: Any source of discharge that is not a "New Source."
Extraterritorial iurisdiction: An area outside the corporate limits of a municipality as defined in Texas
Local Government Code, §42.021.
Grab Sample: A sample that is taken from a waste stream without regard to the flow in the waste
stream and over a period of time not to exceed fifteen (15) minutes.
Hazardous waste: Any liquid, semi -liquid or solid waste (or combination of wastes) which, because
of its quantity, concentration, or physical, chemical or infectious characteristics, may;
(1) 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;
(2) 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 Solids Waste Disposal Act, Chapter 361
Health and Safety Code, or the Administrator, EPA, pursuant to the federal Solid Waste
Disposal Act, as amended by RCRA (1976) and as may be amended in the future.
Holding Tank Waste: Any waste from holding tanks such as vessels, chemical toilets, campers,
trailers, septic tanks, and vacuum -pump tank trucks.
Indirect Discharge or Discharge: The introduction of pollutants into the POTW from any nondomestic
source.
Industrial User: Any person, business or governmental agency that discharges nondomestic waste to
the City's Nvastetivater treatment system.
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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.
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 limit or is in violation of the requirements of this ordinance.
Instantaneous Limit: The maximum concentration of a pollutant allowed to be discharged at any
time, determined from the analysis of any discrete or composited sample collected, independent of the
industrial flow rate and the duration of the sampling event.
Interference: A discharge that, alone or in conjunction with a discharge or discharges from other
sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes,
use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the
prevention of sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local
regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly
referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained
in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal
Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and
Sanctuaries Act.
Local Limit: Specific discharge limits developed and enforced by the City upon industrial or
commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR
403.5(a)(1) and (b).
Maximum Discharge Limit: The flow limitations as prescribed to collection system capacity and
allowable head loading at the POTW.
Medical Waste: Isolation wastes, infectious agents, human blood and blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes, and dialysis wastes.
Monthly Average: The sum of all "daily discharges" measured during a calendar month divided by
the number of "daily discharges" measured during that month.
Monthly Average Limit: The highest allowable average of "daily discharges" over a calendar month,
calculated as the sum of all "daily discharges" measured during a calendar month divided by the
number of "daily discharges" measured during that month.
May: "May" is a permissive or discretionary statement.
New Source:
(1) 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 that will be applicable to such source
if such Standards are thereafter promulgated in accordance with that section, provided that:
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(A) The building, structure, facility, or installation is constructed at a site at which no other
source is located; or
(B) The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an Existing Source; or
(C) The production or wastewater generating processes of the building, structure, facility, or
installation are substantially independent of an Existing Source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the Existing Source, should
be considered.
(2) Construction on a site at which an Existing Source is located results in a modification rather
than a New Source if the construction does not create a new building, structure, facility, or
installation meeting the criteria of Section (1) (B) or (C) above but otherwise alters, replaces,
or adds to existing process or production equipment.
(3) Construction of a New Source as defined under this paragraph has commenced if the owner
or operator has:
(A) Begun, or caused to begin, as part of a continuous onsite construction program
(i) any placement, assembly, or installation of facilities or equipment; or
(ii) significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the placement,
assembly, or installation of new source facilities or equipment; or
(B) Entered into a binding contractual obligation for the purchase of facilities or equipment
which is intended to be used in its operation within a reasonable time. Options to
purchase or contracts which can be terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies do not constitute a contractual
obligation under this paragraph.
Noncontact Cooling Water: Water used for cooling that does not come into direct contact with any
raw material, intermediate product, waste product, or finished product.
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 City's NPDES permit, including an increase in the
magnitude or duration of a violation.
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.
�H.. A measure of the acidity or alkalinity of a solution, expressed in standard units.
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Pollutant: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage
sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes,
and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity, or odor).
Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such
pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or
biological processes; by process changes; or by other means, except by diluting the concentration of
the pollutants unless allowed by an applicable Pretreatment Standard.
Pretreatment Inspector: The person designated by the City to supervise the operation of the
pretreatment program, and who is charged with certain duties and responsibilities by this ordinance.
The term also means a Duly Authorized Representative of the Director of Water and Sewer
Operations and/or Water Quality Manager.
Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment
imposed on a User, other than a Pretreatment Standard.
Pretreatment Standards or Standards: Pretreatment Standards shall mean prohibited discharge
standards, categorical Pretreatment Standards, and Local Limits.
Process Wastewater: Any water which, during manufacturing or processing, comes into direct contact
with or results from the production or use of any raw material, intermediate product, finished product,
by-product, or waste product.
Prohibited Discharge Standards or Prohibited Discharges: Absolute prohibitions against the
discharge of certain substances; these prohibitions appear in Section 22.03.002 (a) of this ordinance.
Publicly Owned Treatment Works or POTW: A treatment works, as defined by section 212 of the
Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices or
systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
Septic Tank Waste: Any sewage from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
Sewage: Human excrement and gray water (household showers, dishwashing operations, etc.).
Significant
_ Industrial User (S1U - Except as provided in paragraph (3) of this Section, a significant
Industrial User is:
(1) An Industrial User subject to categorical Pretreatment Standards; or
(2) An Industrial User that:
(A) Discharges an average of twenty-five thousand (25,000) gpd or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and boiler
blowdown wastewater);
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(B) Contributes a process wastestream which makes up five (5) percent or more of the
average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(C) Is designated as such by the City on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any Pretreatment Standard
or Requirement.
(3) Upon a finding that a User meeting the criteria in Subsection (2) of this part has no
reasonable potential for adversely affecting the POTW's operation or for violating any
Pretreatment Standard or Requirement, the City may at any time, on its own initiative or
in response to a petition received from an Industrial User, and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a
Significant Industrial User.
Slug Load or Slug Discharge: Any discharge at a flow rate or concentration, which could cause a
violation of the prohibited discharge standards in Section 22.03.002 (a) of this ordinance. A Slug
Discharge is any Discharge of a non -routine, episodic nature, including but not limited to an
accidental spill or a non -customary batch Discharge, which has a reasonable potential to cause
Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits or
Permit conditions.
Significant Noncompliance (SNC): Any violation or group of violations, which may include a
violation of Best Management Practices, which the POTW determines will adversely affect the
operation or implementation of the local Pretreatment program.
Storm Water: Any flow occurring during or following any form of natural precipitation, and resulting
from such precipitation, including snowmelt.
Total Suspended Solids or Suspended Solids: The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
User or Industrial User: A source of indirect discharge.
Wastewater: Liquid and water -carried industrial wastes and sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or
untreated, which are contributed to the POTW.
Wastewater Treatment Plant or Treatment Plant: That portion of the POTW which is designed to
provide treatment of municipal sewage and industrial waste.
Water Quality Manager: The person in charge of the City's approved pretreatment program.
SECTION 22.03.002—GENERAL SEWER USE REQUIREMENTS
(a) Prohibited Discharge Standards
(1) General Prohibitions. No User shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes Pass Through or Interference. These general
prohibitions apply to all Users of the POTW whether or not they are subject to categorical
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Pretreatment Standards or any other National, State, or local Pretreatment Standards or
Requirements.
(2) Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(A) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited
to, wastestreams with a closed -cup flashpoint of less than one hundred forty (140)
degrees F (sixty (60) degrees C) using the test methods specified in 40 CFR 261.21;
(B) Wastewater having a pH less than six (6.0) or more than eleven (11.0), or otherwise
causing corrosive structural damage to the POTW or equipment;
(C) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure or other solid or viscous substances in amounts which will cause
obstruction of the flow in the POTW resulting in Interference;
(D) Pollutants, including oxygen -demanding pollutants (BOD, etc.), released in a discharge at
a flow rate and/or pollutant concentration which, either singly or by interaction with other
pollutants, will cause Interference with the POTW;
(C) Heat in amounts which will inhibit biological activity in the POTW resulting in
Interference, but in no case heat in such quantities that the temperature at the POTW
Treatment Plant exceeds 40 °C (104 °F) unless the Approval Authority, upon request of
the POTW, approves alternate temperature limits.
(r) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts
that will cause Interference or Pass Through;
(G) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW
in a quantity that may cause acute worker health and safety problems;
(IT) Trucked or hauled pollutants, except at discharge points designated by the Director.
(1) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or
by interaction with other wastes, are sufficient to create a public nuisance or a hazard to
life, or to prevent entry into the sewers for maintenance or repair;
(3) Wastewater which imparts color which cannot be removed by the treatment process, such
as, but not limited to, dye wastes and vegetable tanning solutions, which consequently
imparts color to the treatment plant's effluent, thereby violating the City's NPDES
permit;
(I) Wastewater containing any radioactive wastes or isotopes except in compliance with
applicable State or Federal regulations;
(L) Storm Water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage, swimming pool drainage, condensate, deionized water, Noncontact Cooling
Water, and unpolluted wastewater, unless specifically authorized by the Director;
(M) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
Page 9 of 34
(N) Medical Wastes, except as specifically authorized by the Director in an individual
wastewater discharge permit;
(0) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail toxicity test;
(P) Detergents, surface-active agents, or other substances which might cause excessive
foaming in the POTW;
(b) National Categorical Pretreatment Standards
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter
N, Parts 405-471.
(c) State Pretreatment Standards
Users must comply with State Pretreatment Standards codified at TCEQ Regulations for Existing and
New Sources of Pollution, 30 TAC Partl, Chapter 315.
(d) Local Limits
(1) The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).
(2) The following pollutant limits are established to protect against Pass Through and Interference.
No person shall discharge wastewater containing in excess of the following:
- 4.0 mg/I Arsenic
- 250 mg/I BOD
- 550 mg/I COD
- 0.3 mg/I Cadmium
- 21.0 mg/I Chromium
- 1.0 mg/I Copper
- 1.4 mg/I Cyanide
- 1.8 mg/1 Lead
- 0.005 nrg/1 Mercury
- 4.0 mg/1 Nickel
- 200 mg/1 Oil and Grease
- 1.4 nrg/1 Selenium
- 1.18 nig/i Silver
- 10.0 mg/I Total Phenols
- 300 mg/I TSS
- 8.0 mg/I Zinc
- 3.72 mg/L Nonylphenol.
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.
(3) The Director may develop Best Management Practices (BMPs), by ordinance or in individual
wastewater discharge permits, to implement Local Limits and the requirements of Section
22.03.002 (a).
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(e) Right of Revision
The City reserves the right to establish, by ordinance or in individual wastewater discharge permits, more
stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this
ordinance.
(f) Dilution
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 a discharge limitation
unless expressly authorized by an applicable Pretreatment Standard or Requirement.
SECTION 22.03.003—PRE' TREATMENT OF WASTEWATER
(a) Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve
compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions set out in
Section 22.03.002 (a) of this ordinance within the time limitations specified by EPA, the State, or the
Director, whichever is more stringent. Any facilities necessary for compliance shall be provided,
operated, and maintained at the User's expense. Detailed plans describing such facilities and operating
procedures shall be submitted to the Director for review, and shall be acceptable to the Director before
such facilities are constructed. The review of such plans and operating procedures shall in no way relieve
the User from the responsibility of modifying such facilities as necessary to produce a discharge
acceptable to the City under the provisions of this ordinance.
(b) Additional Pretreatment Measures
(1) Whenever deemed necessary, the Director may require Users to restrict their discharge during
peak flow periods, designate that certain wastewater be discharged only into specific sewers,
relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial
wastestreams, and such other conditions as may be necessary to protect the POTW and determine
the User's compliance with the requirements of this ordinance.
(2) The Director may require any person discharging into the POTW to install and maintain, on their
property and at their expense, a suitable storage and flow -control facility to ensure equalization of
flow. An individual wastewater discharge permit may be issued solely for flow equalization.
(3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Director, they are
necessary for the proper handling of wastewater containing excessive amounts of grease and oil,
or sand; except that such interceptors shall not be required for residential users. All interception
units shall be of a type and capacity approved by the Director and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired
by the User at their expense.
(4) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
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(c) Accidental Discharge/Slug Discharge Control Plans
The Director shall evaluate, within one year of being designated as a SIJ, whether each SIU needs an
accidental discharge/slug discharge control plan or other action to control Slug Discharges. The Director
may require any User to develop, submit for approval, and implement such a plan or take such other
action that may be necessary to control Slug Discharges. Alternatively, the Director may develop such a
plan for any User. An accidental discharge/slug discharge control plan shall address, at a minimum, the
following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Director of any accidental or Slug Discharge, as
required by Section 22.03.006 (f) of this ordinance; and
(4) Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures
include, but are not limited to, inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing toxic organic
pollutants, including solvents, and/or measures and equipment for emergency response.
(5) The Director shall keep records of the activities associated with shig control evaluation and
results of such activities are required to be available to the Approval Authority upon request.
(d) Hauled Wastewater
(1) Septic tank waste may be introduced into the POTW only at locations designated by the Director,
and at such times as are established by the Director. Such waste shall not violate Section
22.03.002 of this ordinance or any other requirements established by the City. The Director may
require septic tank waste haulers to obtain individual wastewater discharge permits.
(2) The Director may require haulers of industrial waste to obtain individual wastewater discharge
permits. The Director may require generators of hauled industrial waste to obtain individual
wastewater discharge permits. The Director also may prohibit the disposal of hauled industrial
waste. The discharge of hauled industrial waste is subject to all other requirements of this
ordinance.
(3) Industrial waste haulers may discharge loads only at locations designated by the Director. No
load may be discharged without prior consent of the Director. The Director may collect samples
of each hauled load to ensure compliance with applicable 'Standards. The Director may require
the industrial waste hauler to provide a waste analysis of any load prior to discharge.
(4) Industrial waste haulers must provide a waste -tracking form for every load. This form shall
include, at a minimum, the name and address of the industrial waste hauler, permit number, truck
identification, names and addresses of sources of waste, and volume and characteristics of waste.
The form shall identify the type of industry, known or suspected waste constituents, and whether
any wastes are RCRA hazardous wastes.
Page 12 of 34
SECTION 22.03.004—INDI1/I1)UAL WASTEWATER DISCHARGE PERMITS
(a) Wastewater Analysis
When requested by the Director, a User must submit information on the nature and characteristics of its
wastewater within thirty (30) days of the request. The Director is authorized to prepare a form for this
purpose and may periodically require Users to update this information.
(b) Individual Wastewater Discharge Permit Requirement
(1) No Significant Industrial User shall discharge wastewater into the POTW without first obtaining
an individual wastewater discharge permit from the Director, except that a Significant Industrial
User that has filed a timely application pursuant to Section 22.03.004 (c) of this ordinance may
continue to discharge for the time period specified therein.
(2) The Director may require other Users to obtain individual wastewater discharge permits as
necessary to carry out the purposes of this ordinance.
(3) Any violation of the terms and conditions of an individual wastewater discharge permit shall be
deemed a violation of this ordinance and subjects the wastewater discharge permittee to the
sanctions set out in Sections 22.03.010 and 22.03.011 of this ordinance. Obtaining an individual
wastewater discharge permit does not relieve a permittee of its obligation to comply with all
Federal and State Pretreatment Standards or Requirements or with any other requirements of
Federal, State, and local law.
(c) Individual Wastewater Discharge Permitting: Existing Connections
Any User required to obtain an individual wastewater discharge permit who was discharging wastewater
into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in
the fixture, shall, within thirty (30) days after said date, apply to the Director for an individual wastewater
discharge permit in accordance with Section 22.03.004 (e) of this ordinance, and shall not cause or allow
discharges to the POTW to continue after thirty (30) days of the effective date of this ordinance except in
accordance with an individual wastewater discharge permit issued by the Director.
(d) Individual Wastewater Discharge Permitting: New Connections
Any User required to obtain an individual wastewater discharge permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing
of such discharge. An application for this individual wastewater discharge permit, in accordance with
Section 22.03.004 (e) of this ordinance, must be filed at least ninety (90) days prior to the date upon
which any discharge will begin or recommence.
(e) Individual Wastewater Discharge Permit Application Contents
(1) All Users required to obtain an individual wastewater discharge permit must submit a
permit application. The Director may require Users to submit all or some of the following
information as part of a -permit application:
(A) Identifying Information.
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(i) The name and address of the facility, including the name of the operator
and owner.
(ii) Contact information, description of activities, facilities, and plant
production processes on the premises;
(E) Environmental Permits. A list of any environmental control permits held by or for the
faci I ity.
(C) Description of Operations.
(i) A brief description of the nature, average rate of production (including
each product produced by type, amount, processes, and rate of
production), and standard industrial classifications of the operation(s)
carried out by such User. This description should include a schematic
process diagram, which indicates points of discharge to the POTW from
the regulated processes.
(ii) Types of wastes generated, and a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW;
(W)Number and type of employees, hours of operation, and proposed or
actual hours of operation;
(iv) Type and amount of raw materials processed (average and maximum per
day);
(v) Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, floor drains, and appurtenances by size, location, and
elevation, and all points of discharge;
(D) Time and duration of discharges;
(E) The location for monitoring all wastes covered by the permit;
(F) Flow Measurement. Information showing the measured average daily and maximum
daily flow, in gallons per day, to the POTW from regulated process streams and other
streams, as necessary, to allow use of the combined wastestream formula set out in
Section 22.03.002 (b) (40 CFR 403.6(e)).
(G) Measurement of Pollutants.
(i) The categorical Pretreatment Standards applicable to each regulated
process and any new categorically regulated processes for Existing
Sources.
(ii) The results of sampling and analysis identifying the nature and
concentration of regulated pollutants in the discharge from each
regulated process.
Page 14 of 34
(M) Instantaneous, Daily Maximum, and long-term average concentrations
shall be reported.
(iv) The sample shall be representative of daily operations and shall be
analyzed in accordance with procedures set out in Section 22.03.006 (i)
of this ordinance. Where the Standard requires compliance with a BMP
or pollution prevention alternative, the User shall submit documentation
as required by the Director or the applicable Standards to determine
compliance with the Standard.
(v) SampIing must be performed in accordance with procedures set out in
Section 22.03.006 (k) of this ordinance.
(II} Any other information as may be deemed necessary by the Director to evaluate the
permit application.
(2) Incomplete or inaccurate applications will not be processed and will be returned to the
User for revision.
(f) AppIication Signatories and Certifications
(1) All wastewater discharge permit applications, User reports and certification statements must be
signed by an Authorized Representative of the User and contain the certification statement in
Section 22.03.006 (n) (1).
(2) If the designation of an Authorized Representative is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility or overall
responsibility for environmental matters for the company, a new written authorization satisfying
the requirements of this Section must be submitted to the Director prior to or, together with any
reports to be signed by an Authorized Representative.
(g) Individual Wastewater Discharge Permit Decisions
The Director will evaluate the data furnished by the User and may require additional information. Within
thirty (30) days of receipt of a complete permit application, the Director will determine whether to issue
an individual wastewater discharge permit. The Director may deny any application for an individual
wastewater discharge permit.
SECTION 22A3A05—INDIVIDUAL WASTEWATER DISCHARGE PERMIT ISSUANCE
(a) Individual Wastewater Discharge Permit Duration
An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five
(5) years from the effective date of the permit. An individual wastewater discharge permit may be issued
for a period less than five (5) years, at the discretion of the Director. Each individual wastewater
discharge permit will indicate a specific date upon which it will expire.
(b) Individual Wastewater Discharge Permit Contents
Page 15 of 34
An individual wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the Director to prevent Pass Through or Interference, protect the quality of the water body
receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management
and disposal, and protect against damage to the POTW.
(1) Individual wastewater discharge permits must contain:
(A) A statement that indicates the wastewater discharge permit issuance date, expiration
date and effective date;
(B) A statement that the wastewater discharge permit is nontransferable without prior
notification to the City in accordance with Section 22.03.005 (d) of this ordinance,
and provisions for furnishing the new owner or operator with a copy of the existing
wastewater discharge permit;
(C) Effluent limits, including Best Management Practices, based on applicable
Pretreatment Standards;
(D) Self -monitoring, sampling, reporting, notification, and record -keeping requirements.
These requirements shall include an identification of pollutants (or best management
practice) to be monitored, sampling location, sampling frequency, and sample type
based on Federal, State, and local law;
(E) A statement of applicable civil and criminal penalties for violation of Pretreatment
Standards and Requirements, and any applicable compliance schedule. Such schedule
may not extend the time for compliance beyond that required by applicable Federal,
State, or local law;
(F) Requirements to control Slug Discharge, including notification, if determined by the
Director to be necessary;
(2) Individual wastewater discharge permits may contain, but need not be limited to, the
following conditions:
(A) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(B) Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works;
(C) Requirements for the development and implementation of spill control plans or other
special conditions including management practices necessary to adequately prevent
accidental, unanticipated, or nonroutine discharges;
(D) Development and implementation of waste minimization plans to reduce the amount
of pollutants discharged to the POTW;
(E) The unit charge or schedule of User charges and fees for the management of the
wastewater discharged to the POTW;
Page 16 of 34
(F) Requirements for installation and maintenance of inspection and sampling facilities
and equipment, including flow measurement devices;
(G) A statement that compliance with the individual wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all applicable Federal
and State Pretreatment Standards, including those which become effective during the
term of the individual wastewater discharge permit; and
( I) Other conditions as deemed appropriate by the Director to ensure compliance with
this ordinance, and State and Federal laws, rules, and regulations.
(c) Permit Modification
(1) The Director may modify an individual wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(A) To incorporate any new or revised Federal, State, or local Pretreatment Standards or
Requirements;
(B) To address significant alterations or additions to the User's operation, processes, or
wastewater volume or character since the time of the individual wastewater discharge
permit issuance;
(C) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(D) Information indicating that the permitted discharge poses a threat to the City's
POTW, City personnel, or the receiving waters;
(E) Violation of any terms or conditions of the individual wastewater discharge permit;
(F) Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
(G) Revision of or a grant of variance from categorical Pretreatment Standards pursuant
to 40 CFR 403.13;
(II) To correct typographical or other errors in the individual wastewater discharge
permit; or
(I) - To reflect a transfer of the facility ownership or operation to a new owner or operator
where requested in accordance with Section 22.03.005 (d).
(d) Individual Wastewater Discharge Permit Transfer
Individual wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives at least thirty (30) days advance notice to the Director and the Director approves the
individual wastewater discharge permit transfer. The notice to the Director must include a written
certification by the new owner or operator which:
Page 17 of 34
(1) States that the new owner and/or operator has no immediate intent to change the facility's
operations and processes; .
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges Rill responsibility for complying with the existing individual wastewater discharge
permit. Failure to provide advance notice of a transfer renders the individual wastewater
discharge permit void as of the date of facility transfer.
(e) Individual Wastewater Discharge Permit Revocation
The Director may revoke an individual wastewater discharge permit for good cause, including, but not
limited to, the following reasons:
(1) Failure to notify the Director of significant changes to the wastewater prior to the changed
discharge;
(2) Failure to provide prior notification to the Director of changed conditions pursuant to Section
22.03.006 (e) of this ordinance;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit
application;
(4) Falsifying self -monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Director timely access to the facility premises and records;
(7) Failure to meet effluent limitations
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge
permit or this ordinance. Individual wastewater discharge permits shall be voidable upon
cessation of operations or transfer of business ownership. All individual wastewater discharge
permits issued to a User are void upon the issuance of a new individual wastewater discharge
permit to that User.
(f) Individual Wastewater Discharge Permit Reissuance
A User with an expiring individual wastewater discharge permit shall apply for individual wastewater
discharge permit reissuance by submitting a complete permit application, in accordance with Section
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22.03.004 (e) of this ordinance, a minimum of ninety (90) days prior to the expiration of the User's
existing individual wastewater discharge permit.
(g) Regulation of Waste Received front Other Jurisdictions
(1) If another municipality, or User located within another municipality, contributes wastewater to
the POTW, the Director shall enter into an intermunicipal agreement with the contributing
municipality.
(2) Prior to entering into an agreement required by paragraph 1, above, the Director shall request the
following information from the contributing municipality:
(A) A description of the quality and volume of wastewater discharged to the POTW by the
contributing municipality;
(B) An inventory of all Users located within the contributing municipality that are
discharging to the POTW; and
(C) Such other information as the Director may deem necessary.
(3) An intermunicipal agreement, as required by paragraph 1, above, shall contain the following
conditions:
(A) A requirement for the contributing municipality to adopt a sewer use ordinance which is
at least as stringent as this ordinance and Local Limits, including required Baseline
Monitoring Reports (BMRs) which are at least as stringent as those set out in Section
22.03.002 (d) of this ordinance. The requirement shall specify that such ordinance and
limits must be revised as necessary to reflect changes made to the City's ordinance or
Local Limits;
(B) A requirement for the contributing municipality to submit a revised User inventory on at
least an annual basis;
(C) A provision specifying which pretreatment implementation activities, including
individual wastewater discharge permit issuance, inspection and sampling, and
enforcement, will be conducted by the contributing municipality; which of these activities
will be conducted by the Director; and which of these activities will be conducted jointly
by the contributing municipality and the Director;
(D) A requirement for the contributing municipality to provide the Director with access to all
information that the contributing municipality obtains as part of its pretreatment
activities;
(E) Limits on the nature, quality, and volume of the contributing municipality's wastewater at
the point where it discharges to the POTW;
(F) Requirements for monitoring the contributing municipality's discharge;
Page 19 of 34
(G) A provision ensuring the Director access to the facilities of Users located within the
contributing municipality's jurisdictional boundaries for the purpose of inspection,
sampling, and any other duties deemed necessary by the Director; and
(II) A provision specifying remedies available for breach of the terms of the intermunicipal
agreement.
SECTION 22.03.006—REPORTING REOUIREMENTS
(a) Baseline Monitoring Reports
(1) Within either one hundred eighty (180) days after the effective date of a categorical
Pretreatment Standard, or the final administrative decision on a category determination under
40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently
discharging to or scheduled to discharge to the POTW shall submit to the Director a report
which contains the information listed in paragraph 2, below. At least ninety (90) days prior to
commencement of their discharge, New Sources, and sources that become Categorical
Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall
submit to the Director a report which contains the information listed in paragraph 2, below. A
New Source shall report the method of pretreatment it intends to use to meet applicable
categorical Standards. A New Source also shall give estimates of its anticipated flow and
quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below.
(A) All information required in Section 22.03.004(e)(1)(A)(i), Section 22.03.004(e)(1)(B),
Section 22.03.004(e)(1)(C)(i), and Section 22.03.004(e)(1)(F). [Note: See 40 CFR
403.12(b)(l)-(7)]
(B) Measurement of pollutants.
(i) The User shall provide the information required in Section 22.03.004(e)(G)(i)
through (v).
(ii) The User shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph.
(iii) Samples should be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with the regulated wastewater
prior to pretreatment the User should measure the flows and concentrations
necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e)
to evaluate compliance with the Pretreatment Standards;
(iv) Sampling and analysis shall be performed in accordance with Section 22.03.006
(k);
(v) The Director may allow the submission of a baseline report which utilizes only
historical data so long as the data provides information sufficient to determine the
need for industrial pretreatment measures;
Page 20 of 34
(vi) The baseline report shall indicate the time, date and place of sampling and
methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges to the
POTW.
(C) Compliance Certification. A statement, reviewed by the User's Authorized
Representative as defined in Section 22.03.001 (d) and certified by a qualified
professional, indicating whether Pretreatment Standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance (O&M) and/or additional
pretreatment is required to meet the Pretreatment Standards and Requirements.
(D) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet
the Pretreatment Standards, the shortest schedule by which the User will provide such
additional pretreatment and/or O&M must be provided. The completion date in this
schedule shall not be later than the compliance date established for the applicable
Pretreatment Standard. A compliance schedule pursuant to this Section must meet the
requirements set out in Section 22.03.006 (b) of this ordinance.
(E) Signature and Report Certification. All baseline monitoring reports must be certified in
accordance with Section 22.03.006 (n)(1) of this ordinance and signed by an Authorized
Representative as defined in Section 22.03.001 (d).
(b) Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section 22.03.006 (a)(2)(D)
of this ordinance:
(1) The schedule shall contain progress increments 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 (such events include, but are
not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for
major components, commencing and completing construction, and beginning and conducting
routine operation);
(2) No increment referred to above shall exceed nine (9) months;
(3) The User steal I submit a progress report to the Director no later than fourteen (14) days following
each date in the schedule and the final date of compliance including, as a minimum, whether or
not it complied with the increment of progress, the reason for any delay, and, if appropriate, the
steps being taken by the User to return to the established schedule; and
(4) In no event shall more than nine (9) months elapse between such progress reports to the Director.
(c) Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (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
into the POTW, any User subject to such Pretreatment Standards and Requirements shall submit to the
Director a report containing the information described in Section 22.03.004(e)(1)(F) and (G) and
22.03.006(a)(2)(B) of this ordinance. For all other Users subject to categorical Pretreatment Standards
Page 21 of 34
expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation),
this report shall include the User's actual production during the appropriate sampling period. All
compliance reports must be signed and certified in accordance with Section 22.03.006(11)(1) of this
ordinance. All sampling will be done in conformance with Section 22.03.006 (k).
(d) Periodic Compliance Reports
(1) Ali Significant Industrial Users must, at a frequency determined by the Director submit no less
than twice per year reports indicating the nature, concentration of pollutants in the discharge
which are limited by Pretreatment Standards and the measured or estimated average and
maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires
compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User
must submit documentation required by the Director or the Pretreatment Standard necessary to
determine the compliance status of the User.
(2) All periodic compliance reports must be signed and certified in accordance with Section
22.03.006(n)(1) of this ordinance.
(3) All wastewater samples must be representative of the User's discharge. Wastewater monitoring
and flow measurement facilities shall be properly operated, kept clean, and maintained in good
working order at all tithes. The failure of a User to keep its monitoring facility in good working
order shall not be grounds for the User to claim that sample results are unrepresentative of its
discharge.
(4) If a User subject to the reporting requirement in this section monitors any regulated pollutant at
the appropriate sampling location more frequently than required by the Director, using the
procedures prescribed in Section 22.03.006 (k) of this ordinance, the results of this monitoring
shall be included in the report.
(e) Reports of Changed Conditions
Each User must notify the Director of any significant changes to the User's operations or system which
might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.
(1) The Director may require the User to submit such information as may be deemed necessary to
evaluate the changed condition, including the submission of a wastewater discharge permit
application under Section 22.03.004 (e) of this ordinance.
(2) The Director may issue an individual wastewater discharge permit under Section 22.03.005 (g) of
this ordinance or modify an existing wastewater discharge permit tinder Section 22.03.005 (d) of
this ordinance in response to changed conditions or anticipated changed conditions.
(f) Reports of Potential Problems
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a
nonroutine, episodic nature, a noncustomary batch discharge, a Slug Discharge or Slug Load, that
might cause potential problems for the POTW, the User shall immediately telephone and notify
the Director of the incident. This notification shall include the location of the discharge, type of
waste, concentration and volume, if known, and corrective actions taken by the User.
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(2) Within five (5) days following such discharge, the User shall, unless waived by the Director,
submit a detailed written report describing the cause(s) of the discharge and the measures to be
taken by the User to prevent similar future occurrences. Such notification shall not relieve the
User of any expense, loss, damage, or other liability which might be incurred as a result of
damage to the POTW, natural resources, or any other damage to person or property; nor shall
such notification relieve the User of any fines, penalties, or other liability which may be imposed
pursuant to this ordinance.
(3) 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 discharge described in paragraph 1, above.
Employers shall ensure that all employees, who could cause such a discharge to occur, are
advised of the emergency notification procedure.
(4) Significant Industrial Users are required to notify the Director immediately of any changes at its
facility affecting the potential for a Slug Discharge.
(g) Reports from Unpermitted Users
All Users not required to obtain an individual wastewater discharge permit shall provide appropriate
reports to the Director as the Director may require.
(h) Notice of Violation/Repeat'Sampling and Reporting
If sampling performed by a User indicates a violation, the User must notify the Director within twenty-
four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware
of the violation. If the City performed the sampling and analysis in lieu of the Industrial User, the City
will perform the repeat sampling and analysis within thirty (30) days unless it notifies the User of the
violation and requires the User to perform the repeat sampling and analysis, Repeat sampling is not
required if the City performs the sampling at the Industrial User at a frequency of at least once per month
or the City performs sampling at the Industrial User between the time when the initial sampling was
conducted and the time when the Industrial User or the City receives the results of the sampling.
(i) Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge
permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR
Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment
Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in
question, or where the EPA determines that the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures, including procedures
suggested by the Director or other parties approved by EPA.
(j) Notification of the Discharge of Hazardous Waste
(1) Any User who commences the discharge of hazardous waste shall notify the POTW, the EPA
Regional Waste Management Division Director, and State hazardous waste authorities, in writing,
of any discharge into the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261. Such notification must include the name of the
hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type
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of discharge (continuous, batch, or other). If the User discharges more than one hundred (100)
kilograms of such waste per calendar month to the POTW, the notification also shall contain the
following information to the extent such information is known and readily available to the User:
an identification of the hazardous constituents contained in the wastes, an estimation of the
concentration of such constituents in the wastestream discharged during that calendar month, and
an estimation of the concentration of constituents in the wastestream expected to be discharged
during the following twelve (12) months. All notifications must take place no later than one
hundred and eighty (180) days after the discharge commences. Any notification under this
paragraph need be submitted only once for each hazardous waste discharged. However,
notifications of changed conditions must be submitted under Section 22.03.006 (e) of this
ordinance. The notification requirement in this Section does not apply to pollutants already
reported by Users subject to categorical Pretreatment Standards under the self -monitoring
requirements of Sections 22.03.006(a)(c), and (d) of this ordinance.
(2) Dischargers are exempt from the requirements of paragraph 1, above, during a calendar month in
which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes
are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more
than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity
of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time
notification. Subsequent months during which the User discharges more than such quantities of
any hazardous waste do not require additional notification.
(3) In the case of any new regulations under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste, the
User must notify the Director, the EPA Regional Waste Management Waste Division Director,
and State hazardous waste authorities of the discharge of such substance within ninety (90) days
of the effective date of such regulations.
(4) In the case of any notification made under this Section, the User shall certify that it has a program
in place to reduce the volume and toxicity of hazardous wastes generated to the degree it `has
determined to be economically practical.
(5) This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law.
(k) Sample Collection
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate
sampling and analysis performed during the period covered by the report, based on data that is
representative of conditions occurring during the reporting period.
(1) Except as indicated in Section 2 and 3 below, the User must collect wastewater samples using 24-
hour flow -proportional composite sampling techniques, unless time -proportional composite
sampling or grab sampling is authorized by the Director. Where time -proportional composite
sampling or grab sampling is authorized by the City, the Industrial User must demonstrate in
writing that the samples are representative of the discharge before the City may allow the
Industrial user to submit such samples. The decision to allow the alternative sampling [or site
specific circumstances] must be documented in the IU file for that facility. Using protocols
(including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance,
multiple grab samples collected during a 24-hour period may be composited prior to the analysis
as follows: for cyanide, total phenols, and sulfides the samples may be composited in the
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laboratory or in the field; for volatile organics and oil and grease, the samples may be composited
in the laboratory only. Total residual chlorine, pH, and temperature samples cannot be
composited under any circumstance. Composite samples for btlier parameters unaffected by the
compositing procedures as documented in approved EPA methodologies may be authorized by
the City, as appropriate. In addition, grab samples may be required to show compliance with
Instantaneous Limits.
(2) For sampling facilities that discharge less than 24 hours per day, the sampling must be
representative of the Industrial User's wastewater discharge. Sampling must be taken within a 24-
hour period, however, the sample should only be collected during that portion of the 24-hour
period that the IU is discharging from the regulated process and/or pretreatment unit, as long as
regulated process wastewater is flowing through the pretreatment unit. During parts of the day
when there is no discharge of process wastewater, standing water should not be
disproportionately sampled and analyzed as it would not be representative of the discharge.
(3) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic
compounds must be obtained using grab collection techniques.
(4) For sampling required in support of baseline monitoring and 90-day compliance reports required
in Section 22.03.006 (a) and (c) (40 CFR 403.12(b) and (d)], as well as reports on continued
compliance and noncategorical SIU reports, a minimum of four (4) grab samples must be used for
pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for new
Industrial Users, existing Industrial Users that make changes or install new treatment, or facilities
for which historical sampling data do not exist; for facilities for which historical sampling data
are available, the Director may authorize a lower minimum. For the reports required by
paragraphs Section 22.03.006 (d) (40 CFR 403.12(e) and 403.12(h)), the Industrial User is
required to collect the number of grab samples necessary to assess and assure compliance by with
applicable Pretreatment Standards and Requirements.
(1) Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not
mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of
receipt of the report shall govern.
(m) Recoz•dlceeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities required
by this ordinance, any additional records of information obtained pursuant to monitoring activities
undertaken by the User independent of such requirements, and documentation associated with Best
Management Practices established under Section 22.03.002(d)(3).
(1) Records shall include the date, exact place, method, and time of sampling, and the name of the
person(s) taking the samples; the dates analyses were performed; who performed the analyses; the
analytical techniques or methods used; the results of such analyses; and any documentation
associated with BMPs. These records shall remain available for a period of at least three (3)
years. This period shall be automatically extended for the duration of any litigation concerning
the User or the City, or where the User has been specifically notified of a longer retention period
by the Director.
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(2) Records maintained by the City will remain available for a period of at least (3) years.
(n) Certification Statements
(1) Certification of Permit Applications, User Reports and Initial Monitoring Waiver —The following
certification statement is required to be signed and submitted by Users submitting permit
applications in accordance with Section 22.03.005 (a); Users submitting baseline monitoring
reports under Section 22.03.006(a)(2)(E); Users submitting reports on compliance with the
categorical Pretreatment Standard deadlines under Section 22.03.006 (c); and Users submitting
periodic compliance reports required by Section 22.03.006(d)(1-4). The following certification
statement must be signed by an Authorized Representative as defined in Section 22.03.001 (d):
I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.
SECTION 22.03.007—COWLI4,NCE MONITORING
(a) Right of Entry: Inspection and Sampling
The Director shall have the right to enter the premises of any User to determine whether the User is
complying with all requirements of this ordinance and any individual wastewater discharge permit or
order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying, and the performance of any
additional duties.
(1) Where a User has security measures in force which require proper identification and clearance
before entry into its premises, the User shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the Director shall be permitted to enter
without delay for the purposes of performing specific responsibilities.
(2) The Director shall have the right to set up on the User's property, or require installation of, such
devices as are necessary to conduct sampling and/or metering of the User's operations.
(3) The Director may require the User to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the User at its own expense. All devices used to measure wastewater flow
and quality shall be calibrated annually to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the User at the written or verbal request of the
Director and shall not be replaced. Tire costs of clearing such access shall be borne by the User.
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(5) Unreasonable delays in allowing the Director access to the User's premises shall be a violation of
this ordinance. The location of the monitoring facility shall provide ample room in or near the
monitoring facility to allow accurate sampling and preparation of samples and analysis and
whether constructed on public or private property, the monitoring facilities should be provided ill
accordance with the Director's requirements and all applicable local construction standards and
specifications, and such facilities shall be constructed and maintained in such manner so as to
enable the Director to perform independent monitoring activities.
(b) Search Warrants
If the Director has been refiised access to a building, structure, or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a
need to inspect and/or sample as part of a routine inspection and sampling program of the City designed
to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall
public health, safety and welfare of the community, the Director may seek issuance of a search warrant
from any court of competent jurisdiction.
SECTION 22.03.008—CONFIDENTIAL INFORMATION
Information and data on a User obtained from reports, surveys, wastewater discharge permit applications,
individual wastewater discharge permits, and monitoring programs, and from the Director's inspection
and sampling activities, shall be available to the public without restriction, unless the User specifically
requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information
would divulge information, processes, or methods of production entitled to protection as trade secrets
under applicable State law. Any such request must be asserted at the time of submission of the
information or data. When requested and demonstrated by the User furnishing a report that such
information should be held confidential, 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
immediately upon request to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not
be recognized as confidential information and shall be available to the public without restriction.
SECTION 22.03.009—PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Director shall publish annually, in a newspaper of general circulation that provides meaningful public
notice within the jurisdictions served by the Director, a list of the Users which, at any time during the
previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards
and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial
Users (or any other Industrial User that violates paragraphs (c), (d) or (h) of this Section) and shall mean:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six
percent (66%) or more of all the measurements taken for the same pollutant parameter taken
during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or
Requirement, including Instantaneous Limits as defined in Section 22.03.002;
(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent
(33%) or more of wastewater measurements taken for each pollutant parameter during a six (6)
month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement
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including Instantaneous Limits, as defined by Section 22.03.002 multiplied by the applicable
criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a Pretreatment Standard or Requirement as defined by Section 22.03.002
(Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that the Director
determines has caused, alone or in combination with other discharges, Interference or Pass
Through, including endangering the health of POTW personnel or the general public;
(d) Any discharge of a pollutant that has caused imminent endangerment to the public or to the
environment, or has resulted in the Director's exercise of its emergency authority to halt or
prevent such a discharge;
(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone
contained in an individual wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
(f) Failure to provide within forty-five (45) days after the due date, any required reports, including
baseline monitoring reports, reports on compliance with categorical Pretreatment Standard
deadlines, periodic self -monitoring reports, and reports on compliance with compliance
schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation(s), which may include a violation of Best Management Practices,
instantaneous limits, narrative standards, including operational standards and narrative limits, or
other numeric limits which the Director determines will adversely affect the operation or
implementation of the local pretreatment program.
SECTION 23.03.010—ADMINISTRATIVE ENFORCEMENT REMEDIES
(a) Notification of Violation
When the Director finds that a User has violated, or continues to violate, any provision of this ordinance,
an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard
or Requirement, the Director may serve upon that User a written Notice of Violation. Within 5 days of the
receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and
prevention thereof, to include specific required actions, shall be submitted by the User to the Director.
Submission of such a plan in no way relieves the User of liability for any violations occurring before or
after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Director to
take any action, including emergency actions or any other enforcement action, without first issuing a
Notice of Violation.
(b) Consent Orders
The Director may enter into Consent Orders, assurances of compliance, or other similar documents
establishing an agreement with any User responsible for noncompliance. Such documents shall include
specific action to be taken by the User to correct the noncompliance within a time period specified by the
document. Such documents shall have the same force and effect as the administrative orders issued
pursuant to Sections 22.03.010 (d) and (e) of this ordinance and shall be judicially enforceable.
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(e) Show Cause Hearing
The Director may order a User which has violated, or continues to violate, any provision of this
ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, to appear before the Director and show cause why the proposed
enforcement action should not be taken. Notice shall be served on the User specifying the time and place
for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User
show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be
served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to
the hearing. Such notice may be served on any Authorized Representative of the User as defined in
Section 22.03.001 (d) and required by Section 22.03.004 (g). A show cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the User.
(d) Compliance Orders
When the Director finds that a User has violated, or continues to violate, any provision of this ordinance,
an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard
or Requirement, the Director may issue an order to the User responsible for the discharge directing that
the User come into compliance within a specified time. If the User does not come into compliance within
the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or
other related appurtenances are installed and properly operated. Compliance orders also may contain other
requirements to address the noncompliance, including additional self -monitoring and management
practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does
a compliance order relieve the User of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action
against the User.
(e) Cease and Desist Orders
When the Director finds that a User has violated, or continues to violate, any provision of this ordinance,
an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard
or Requirement, or that the User's past violations are likely to recur, the Director may issue an order to
the User directing it to cease and desist all such violations and directing the User to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including lialting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any
other action against the User.
(f) Administrative Tines
(1) When the Director finds that a User has violated, or continues to violate, any provision of this
ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the Director may fine such User in an amount of one
thousand dollars ($1,000). Such fines shall be assessed on a per -violation, per -day basis. In the
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case of monthly or other long-term average discharge limits, fines shall be assessed for each day
during the period of violation.
(2) Users desiring to dispute such fines must file a written request for the Director to reconsider the
fine along with full payment of the fine amount within ten (10) days of being notified of the fine.
Where a request has merit, the Director may convene a hearing on the matter. In the event the
User's appeal is successful, the payment shall be returned to the User.
(3) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other
action against the User.
(g) Emergency Suspensions
The Director may immediately suspend a User's discharge, after informal notice to the User, whenever
such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to
present, or cause an imminent or substantial endangerment to the health or welfare of persons. The
Director may also immediately suspend a User's discharge, after notice and opportunity to respond, that
threatens to interfere with the operation of the POTW, or which presents, or may present, an
endangerment to the environment.
(1) Any User notified of a suspension of its discharge shall immediately stop or eliminate its
contribution. In the event of a User's failure to immediately comply voluntarily with the
suspension order, the Director may take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving
stream, or endangerment to any individuals. The Director may allow the User to recommence its
discharge when the User has demonstrated to the satisfaction of the Director that the period of
endangerment has passed, unless the termination proceedings in Section 22.03.010 (h) of this
ordinance are initiated against the User.
(2) A User that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence, to the Director prior to the
date of any show cause or termination hearing under Sections 22.03.010 (c) or (h) of this
ordinance. Nothing in this Section shall be interpreted as requiring a hearing prior to any
Emergency Suspension under this Section.
(h) Termination of Discharge
In addition to the provisions in Section 22.03.005 (e) of this ordinance, any User who violates the
following conditions is subject to discharge termination:
(1) Violation of individual wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
(4) Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or
sampling; or
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(5) Violation of the Pretreatment Standards in Section 22.03.002 of this ordinance. Such User will be
notified of the proposed termination of its discharge and be offered an opportunity to show cause
under Section 22.03.010 (c) of this ordinance why the proposed action should not be taken.
Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other
action against the User.
SECTION 22.03.011—JUDICIAL ENi+ ORCEMENT REMEDIES
(a) Injunctive Relief
When the Director finds that a User has violated, or continues to violate, any provision of this ordinance,
an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard
or Requirement, the Director may petition any court of competent jurisdiction through the City's Attorney
for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the
specific performance of the individual wastewater discharge permit, order, or other requirement imposed
by this ordinance on activities of the User. The Director 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) Civil Penalties
(1) A User who has violated, or continues to violate, any provision of this ordinance, an individual
wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or
Requirement shall be liable to the City for a maximum civil penalty not to exceed two thousand
dollars ($2000) per violation, per day. In the case of a monthly or other long-term average
discharge limit, penalties shall accrue for each day during the period of the violation.
(2) 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.
(3) In determining the amount of civil liability, the Court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained through the User's
violation, corrective actions by the User, the compliance history of the User, and any other factor
as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other
action against a User.
(c) Criminal Prosecution
A User who willfully or negligently violates any provision of this ordinance, an individual 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, imprisonment, or both.
(d) Remedies Nonexclusive
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The remedies provided for in this ordinance are not exclusive. The Director may take any, all, or any
combination of these actions against a noncompliant User. Enforcement of pretreatment violations will
generally be in accordance with the City's enforcement response plan. However, the Director may take
other action against any User when the circumstances warrant. Further, the Director is empowered to take
more than one enforcement action against any noncompl iant User.
SECTION 22,03.012—AFFIRMATIVE, DEFENSES TO DISCHARGE VIOLATIONS
(a) Prohibited Discharge Standards
A User shall have an affirmative defense to an enforcement action brought against it for noncompliance
with the general prohibitions in Section 22.03,002 (a) (1) of this ordinance or the specific prohibitions in
Section 22.03.002 (a)(2)(C) through (G) and (I) through (P) of this ordinance if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges from other
sources, would cause Pass Through or Interference and that either:
(1) A Local Limit exists for each pollutant discharged and the User was in compliance with each
limit directly prior to, and during, the Pass Through or Interference; or
(2) No Local Limit exists, but the discharge did not change substantially in nature or constituents
from the User's prior discharge when the City was regularly in compliance with its NPDES
permit, and in the case of Interference, was in compliance with applicable sludge use or disposal
requirements.
(b) Bypass
(1) For the purposes of this Section,
(A) Bypass means the intentional diversion of wastestreams from any portion of a User's
treatment faci 1 ity.
(B) Severe property damage means substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
(2) A User may allow any bypass to occur which does not cause Pretreatment Standards or
Requirements to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs (3) and (4) of this
Section.
(3) Bypass Notifications
(A) If a User knows in advance of the need for a bypass, it shall submit prior notice to the
Director, at least ten (10) days before the date of the bypass, if possible.
(B) A User shall submit oral notice to the Director of an unanticipated bypass that exceeds
applicable Pretreatment Standards within twenty-four (24) hours from the time it
becomes aware of the bypass. A written submission shall also be provided within five (5)
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days of the time the User becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of the bypass, including
exact dates and times, and, if the bypass has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The Director may waive the written report on a case -by -case
basis if the oral report has been received within twenty-four (24) hours.
(4) Bypass
(A) Bypass is prohibited, and the Director may take an enforcement action against a User for
a bypass, unless
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(H) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate back-
up equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
(iii) The User submitted notices as required under paragraph (3) of this section.
(B) The Director may approve an anticipated bypass, after considering its adverse effects, if
the Director determines that it will meet the three conditions listed in paragraph (4)(A) of
this Section.
(5) Act of God
(A) An event that would otherwise be a violation of this ordinance or permit issued under the
ordinance which was caused solely be an Act of God, war, strike, riot, or other
catastrophe, and was unpreventable, then the event is not a violation of this ordinance.
SECTION 22.03.013 FEES AND SURCHARGES
(1) For each industrial wastewater discharge permit or nonhazardous waste hauler permit issued
pursuant to this ordinance, each user shall pay a fee as established by the City Manager for the
duration of the permit. Permits may remain in full force for a period of five (5) years from the
date of issuance, unless sooner revoked, and shall be nontransferable.
(2) 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 services 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) Any industrial User placed on a compliance schedule will pay for associated sampling and
analytical services to monitor return to compliance.
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(4) Users discharging industrial wastewater 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 wastewater discharge as defined on Section 22.03.002 (d), 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 = [Be (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.
Be = 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).
(A) Surcharges for BOD, COD, and TSS shall be as established under Section 22.02.002(a),
water and sewer regulations generally.
(B) 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 as deemed necessary by the Director and shall be adjusted to reflect any change
in wastewater treatment cost.
(C) 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.
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