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HomeMy WebLinkAboutORD 83-38 ORDINANCE NO. �3 -3f ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY REPEALING ARTICLE V, SECTIONS 28-100 THROUGH 28-103, AND ENACTING IN LIEU THEREOF A NEW ARTICLE V, SECTIONS 28-100 THROUGH 28-106, REGULATING THE DISPOSAL OF INDUSTRIAL WASTE IN THE CITY OF BEAUMONT: THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS: THE REMOVAL AND DISPOSAL OF WASTEWATER FROM HOLDING TANKS: PROVIDING A PENALTY: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING FOR SEVERABILITY, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That Sections 28-100 through 28-103 of Chapter 28 of the Code of Ordinances, City of Beaumont, Texas be and the same is hereby repealed and there is hereby enacted new Sections 28-100 through 28-106 of said Code of Ordinances to be read as follows: Section 28-100. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: (1) Act or "the Act": The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended. (2) Biochemical Oxygen Demand (B.O.D. ): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, as specified in Standard Methods, expressed in milligrams per liter. (3) Building Drain: That part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three (3) feet outside the inner face of the building wall. (4) Building Sewer: The extension from the building drain to the public sewer or other place of disposal. (5) Chemical Oxygen Demand (C.O.D. ): The measure of the oxy gen consuming capacity of inorganic and organic matter present in water, sewage, industrial waste, or other liquid under standard laboratory procedures as specified in Standard Methods, expressed as milligrams per liter. (6) City, or the City: The City of Beaumont, Texas (7) Direct Discharge: The discharge of treated or untreated wastewater directly to the waters of the State of Texas. (8) Director: The director of the Water Utilities Department of the City of Beaumont, or his authorized deputy, agent or representative. (9 ) Domestic Wastewater: Waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, free from storm water, surface water, and industrial waste. Normal domestic wastewater shall mean "normal" sewage for the city, in which the following average concentrations are established: (a) B.O.D. = 250 milligrams per liter of wastewater (b) C.O.D. = 550 milligrams per liter of wastewater (c) S.S. = 300 milligrams per liter of wastewater (d) 0. & G.= 200 milligrams per liter of wastewater (10) Environmental Protection Agency, or EPA: The U. S. Environmental Protection Agency, the Administrator, or other duly authorized official of said agency. (11) Garbage: Solid waste from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce. Properly shredded garbage has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension. (12) Holding Tank Waste: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. (13) Industrial User: Any person, business or governmental agency that discharges nondomestic waste to the city wastewater treatment system. (14) Industrial Waste: All waterborne 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. (15) Industrial Waste Permit: A permit required of all. significant industrial users to deposit or discharge industrial waste to the city's wastewater treatment system. This permit does not grant a waiver to allow discharge of any waste prohibited by this article or allow discharge of any waste that exceeds the limits or is in violation of the requirements of this ordinance. (16) Interference: The inhibition or disruption of the wastewater treatment system which contributes to a violation of any requirement of the city's NPDES permit. This term includes prevention of sewage sludge use or disposal by the wastewater treatment plant in accordance with section 405 of the Act, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria applicable to the method of disposal or use employed by the wastewater treatment plant. (17) Liquid Waste Hauler Permit: A permit required of all persons engaged in draining, flushing, or cleaning out any tanks containing chemical liquid wastes, septic tank wastes, oil and grease trap wastes, or any type of domestic or non- domestic waste within the city. This permit shall also be required of all persons transporting such wastes into the city for final disposal. (18) National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(B) and (C) of the Act which applies to a specific category of industrial users. (19) Natural Outlet: Any outlet to a watercourse, pond, ditch, lake or other body of surface water or groundwater. (20) National Pollutant Discharge Elimination System or NPDES Permit: A permit issued by the EPA pursuant to section 402 of the Act. (21) Oil and Grease (0. & G. ): The total quantity of material (primarily biological lipids and mineral hydrocarbons) recovered as a substance soluble in trichlorotrifluoroethane, expressed as milligrams per liter under standard laboratory procedures as specified in Standard Methods. (22) pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. (23) Pollution: The man-made or man-induced alteration of the chemical, physical, biological and/or radiological integrity of water. (24) Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging to the wastewater treatment system. (25) Public Sewer: A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. "'�� CJ 3. (26) Sanitary Sewer: A sewer which carries wastewater to which storm, surface, and ground waters are not intentionally admitted. (27) Significant Industrial User: Any industrial user who; (1) has a discharge flow average of 500,000 gallons or more per billing cycle, or (2) has a flow greater than to of the average daily flow in the city's wastewater treatment system, or (3) is subject to requirements under the National Categorical Pretreatment Standards, or (4) is found by the City, Texas Department of Water Resources, or EPA to have significant impact on the wastewater treatment system, the quality of sludge produced, the quality of effluent discharged, or air emissions generated by the system. (28) Slug: Any discharge of water, wastewater or industrial waste other than toxic materials which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. (29) Standard Methods: The examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater. (30) Storm Sewer: A sewer which carries storm and surface waters and drainage, but excludes wastewater and polluted industrial waste. (31) Suspended Solids (S.S. ): The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering, as specified in Standard Methods, expressed in milligrams per liter. (32) Trap: A device designed to skim, settle, or otherwise remove grease, oil, sand, flammable waste or other harmful substances from wastewater. (33) Wastewater: The liquid and water-carried industrial or domestic waste from dwellings, commercial buildings, industrial facilities, and institutions together with any ground water, surface water, and storm water that may be present whether treated or untreated, which is discharged into or permitted to enter the wastewater treatment system. (34) Wastewater Treatment System: All facilities for collecting, pumping treating, and disposing of wastewater. (35) Unpolluted Water or Waste: Any water Or waste containing none of the following: , free of emulsified grease or oil; acid or alkali; phenols or other substances imparting taste and odor in receiving water; toxic poisonous substances in suspension, colloidal state or solution; and noxious or odorous gases. It shall contain not more than ten (10) milligrams per liter each of suspended solids and B.O.D. The color shall not exceed fifty (50) parts per million as measured by the Platinum-Cobalt method as listed in Standard Methods. (36) Watercourse: A channel in which a flow of water occurs, either continuously or intermittently. Section 28-101: Use of the Public Sewers (1) General Discharge Prohibitions: No user shall contribute, directly or indirectly, any of the following described materials, waters, or wastes. These prohibitions apply to all dischargers into the wastewater treatment system, whether or not the user is subject to any National Categorical Pretreatment Standard, any permit requirements as a significant user, or any other national, state or local standards or requirements: (a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or explosion. At no time, shall two (2) successive readings on an explosion hazard meter, at the point of discharge to the system, be more than five percent (50) nor any single reading over ten percent (100) of the Lower Explosive Limit of the meter. Prohibited materials include gasoline, benezene, naptha, fuel oil. or any other flammable or explosive liquid, solid or gas. (b) Any fat, oil, grease, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or other solid or viscous substances which cause obstruction to the flow in sewers or other interferences with the proper operation of the wastewater treatment system. (c) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees fahrenheit (65 degrees centigrade), or which will cause the temperature of the total wastewater treatment plant influent to increase at a rate of ten (10) degrees fahrenheit (5. 5 degrees centigrade) per hour, or a combined total increase of plant influent temperature to one hundred four (104 degrees fahrenheit (40 degrees centi- grade). (d) Any wastewater having a pH less than six (6.00) or higher than nine (9.00), or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the wastewater treatment system. (e) Any garbage that has not been properly shredded. (f) Any waste or water containing suspended or dissolved solids of such character and quantity that unusual attention or expense is required to handle such material at the wastewater treatment plant or in the collection system. (g) Any noxious or malodorous gas or substance capable of creating a public nuisance. (h) Any water or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or cause the city to violate its NPDES permit for receiving water quality standards. (i) Any wastewater with objectionable color not removed in the treatment process. (j ) Any heavy metals, in solution or suspension, in concentration ex- ceeding the following: Arsenic. . . . . . . . . . . 0.2 milligrams per liter Barium . . . . . . . . . . . 5.0 milligrams per liter Boron. . . . . . . . . . . . 1.0 milligrams per liter Cadmium. . . . . . . . . 0.1 milligrams per liter Chromium (Hex. ). . . . . . . 0.05 milligrams per liter Chromium (Total) . . . . . . 5.0 milligrams per liter Copper . . . . . . . . . . . 1.0 milligrams per liter Lead . . . . . . . . . . . . 1.0 milligrams per liter Manganese. . . . . . . . . . 2.0 milligrams per liter Mercury. . . . . . . . . . . 0.005 milligrams per liter Nickel . . . . . . . . . . . 2.0 milligrams per liter Iron . . . . . . . . . . . . 5.0 milligrams per liter Selenium . . . . . . . . . . 0.1 milligrams per liter Silver . . . . . . . . . . . 0.1 milligrams per liter Zinc . . . . . . . . . . . . 5.0 milligrams per liter (k) Any phenols greater than five hundredths (0.05) milligrams per liter. (1) Any cyanide greater than one (1.0) milligrams per liter as CN. (m) Any fluoride greater than five (5.0) milligrams per liter. (n) Any chlorides greater than two hundred fifty (250) milligrams per liter. (o) Any pollutants including oxygen demanding pollutants (B.O.D. , etc. ) released as a slug flow which will cause interference to the wastewater treatment plant. (p) Any wastewater containing any radioactive waste or isotopes of such concentration as may exceed applicable state or federal regulations. (q) Any substance which may cause the wastewater treatment plant's effluent or any other product of the wastewater treatment system such as residues, sludges, or scums to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. 6. (2) Discharge of Manufacturing, Industrial, etc. Wastewater: (a) When the director determines that a user is contributing to the wastewater treatment system any of the above enumerated substances in such amounts as to interfere with the operation of the system, the user shall be advised of the impact on the system and effluent limitations for such user will be developed to correct the interference, or the waste will be prohibited from entering the system. (b) Where acids or chemicals damaging to sewer lines or treatment processes are released to the system, causing rapid structural deterioration and/or interfering with proper treatment of wastewater, the director is authorized to immediately terminate service until such time as the user's discharge is in compliance with this article. (3) Discharge of Storm Water, etc. , to Sanitary Sewer Prohibited: No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage or unpolluted industrial process water to any sanitary sewer without prior written approval of the director. (4) Designation of Sewers for Storm Water, etc. : In compliance with applicable state and federal statutes, the director may designate storm sewers and other watercourses into which unpolluted drainage described in subsection three (3) of this section may be discharged. (5) Compliance with Existing Authority: (a) Unless exception is granted by the director, the public sewer system shall be used by all persons discharging: (i) Wastewater (ii) Liquid industrial wastes; or (iii) Polluted liquids (b) Unless authorized by the Texas Department of Water Resources and/or EPA, no person may deposit or discharge any waste included in paragraph (a) of this subsection on public or private property in or adjacent to any: (i) Natural outlet; (ii) Watercourse; (iii) Storm sewer; or (iv) Other area within the jurisdiction of the city. k (c) The director shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state, and local government. (6) General Permits: All significant users proposing to connect to or 0 7, contribute to the wastewater treatment system shall obtain an industrial Waste Permit before connecting to or contributing to the wastewater treatment system. All existing significant users connected or contributing to the wastewater treatment system shall obtain an Industrial Waste Permit whthin 180 days after the effective date of this article. (7) Liquid Waste Hauler Permits: No person shall drain, flush or clean out any tanks or basins containing chemical liquid wastes, septic tank wastes, oil and grease trap wastes, or any other type of domestic or nondomestic liquid wastes within the city unless such person is issued a permit by the city, authorizing such acts or services. Such permit shall also be required of all persons disposing of such waste within the city, regardless of point of origin. Any disposal site within the city, and method of disposal, must be approved by the director. Copies of trip tickets shall be maintained and made available for inspection at any reason- able time. (8) Federal Categorical Pretreatment Standard: Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than the limitations imposed under this article for sources in that subcategory, shall immediately supercede the limitations imposed under this article. The director shall notify all affected users of the applicable reporting requirements. (9) Excessive Discharge: No user shall ever increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this article. (10) Accidental Discharges: Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. The following requirements also apply: (a) Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user' s own cost and expense. When required by the director detailed plans showing facilities and operating procedures to provide this protection shall be submitted for review and shall be approved before construction of the facility. All existing users shall submit the above information when required by the director, within ninety (90) days of written notice. (b) In the case of an accidental discharge, it is the responsibility of 8 the user to immediately telephone and notify the wastewater treatment plant of the incident. The notification shall include location of discharge, type of waste, concentration, volume, and corrective actions. (c) Within five (5) days following an accidental discharge; the user shall submit to the director a -detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar occurrences Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the wastewater treatment system, fish kills, or other damage to person or property; nor shall such notifica- tion relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. (d) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure . (11) Pretreatment: Where necessary to comply with the provisions of this article, the user shall provide, at his expense, such preliminary treatment as may be necessary to reduce objectionable characteristics or constituents to within acceptable limits, or to control the quantities and rates of discharge of such waters or waste. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the director and the chief plumbing inspector, and no construction of such facilities shall be commenced until said approvals are obtained in writing. The following requirements also apply: (a) Grease, oil, and sand traps shall be provided for the proper handling of liquid wastes containing grease or flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for premises used exclusively as private living quarters or dwelling units. (b) Grease and oil traps shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be located as to be readily and easily accessible for cleaning and inspection. (c) Where preliminary treatment facilities are provided for any waters or waste, they shall be maintained continously in satisfactory and effective operation by the user at his expense. �3 9. C (12) Inspection Manhole: When required by the director, an industrial user shall install a suitable inspection manhole in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole shall be acces- sibily and safely located, and shall be constructed in accordance with plans approved by the director and the chief plumbing inspector. The manhole shall be installed and maintained by the user at his expense. (13) Inspection and Sampling: The city shall inspect the facilities of any user to ascertain whether the requirements of this article are being met. Persons or occupants of premises where wastewater is created or discharged shall allow the director and/or other duly authorized employees of the city bearing proper credentials and identification to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of the article. (14) Pretreatment: Detailed plans showing any pretreatment facilities and operating procedures required to meet pretreatment standards or permit requirements, shall be submitted to the city for review, and shall be acceptable to the city before construction of the facilities. The review of such plans and procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes. (15) Noncompliance: The city shall annually publish in the Beaumont Enterprise and Journal newspaper a list of the users which were in significant violation of any pretreatment standards, permit requirements, or other provisions of this article. The notification shall also summarize any enforcement action taken against the users during the same 12 months. (16) Confidential Information: Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information entitled to protection as trade secrets of the user. When requested by the user, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article,,-the NPDES Permit, state disposal system permit and/or pretreatment program or other judicial reviews or enforcement proceeding by state or federal agencies. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten (10) day written notification is given to the user. (17) State Requirements: Requirements and limitations on discharges, issued by the State of Texas, shall apply in any case where they are more stringent than requirements and limitations in this article. (18) City's Right of Revision: The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the waste- water treatment system if deemed necessary to meet or comply with new federal or state regulations. Section 28-102 : Permits (1) Industrial Waste Permit Application: Users required to obtain an Industrial Waste Permit (significant users) shall complete and file with the city, an application in the form prescribed by the city, and accompanied by an application fee of ten dollars ($10.00). Existing significant users shall apply for an Indust- trial Waste Permit within 30 days after the effective date of this article, and proposed new significant users shall apply at least 90 days prior to connecting to or contributing to the wastewater treatment system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: (a) Name, mailing address, and location (if different from the mailing address). (b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (c) Wastewater constituents and characteristics including but not limited to those mentioned in Section 28-101 of this article as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; (d) Time and duration of contribution; (e) Average daily and three (3) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any: (f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation; (g) Description of activities, facilities -and plant processes on the premises including all materials which are or could be discharged; (h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (0&M) and/or additional pretreatment is required for the user to meet applicable pretreat- ment standards; (i) If additional pretreatment and/or 0 9M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard: (i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construc- tion and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, etc. ) (ii) No increment referred to in paragraph (i) shall exceed nine (9) months. (iii) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the director. (j) Each product produced by type, amount, process or processes and rate of production; (k) Type and amount of raw materials processed (average and maximum per 12. day); (1) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of the pretreatment system; (m) Any other information as may be deemed by the city to be necessary to evaluate the permit application. The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the director may issue an Industrial Waste Permit subject to terms and conditions provide d 'herein. (2) Permit Modifications: Within nine (9) months of the promulgation of a National Categorical Pretreatment Standard, the Industrial Waste Permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a standard, has not previously submitted an application for an Industrial Waste Permit as required by subsection (1), the user shall apply for an Industrial Waste Permit within 180 days after the promulgation of the applicable standard. In addition, the user with an existing Industrial Waste Permit shall submit to the director within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by paragraph (h) and (i) of subsection 1. (3) Permit Conditions: Industrial Waste Permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. (4) Permits Duration: Permits shall be issued for a specific time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in section 28-101 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effect- ive date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (5) Permit Transfer: Industrial Waste Permits are issued to a specific user for a specific operation. A permit shall not be reassigned, transferred or sold to new owner, new user, different premises, or a new or changed operation 13. 4& without the approval of the city. (6) Reporting Requirements for Permittee: The following shall apply to reporting requirements under this subsection; (a) Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater to the wastewater treatment system, any user subject to pretreatment standards and requirements shall submit to the director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards, and the average and maximum daily flow for these process units, in the user's facility which are limited by such pretreatment standards. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional 0&M and/or pretreatment is necessary to bring the user into com- pliance. This statement shall be signed by an authorized representative of the user, and certified by a qualified professional. (b) All significant users, whether or not subject to applicable pretreatment standards, shall submit to the director during the months of June and December, unless required more frequently by pretreatment standard or the director, a report indicating the nature and concentration of pollutants in the effluent which are limited by pretreatment standards or permit requirements. At the discret- ion of the director, the months during which the above reports are to be sub- mitted may be altered. (c) The director may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or permit requirements, or in other cases where the imposition of mass limitations are appropriate. (7) Monitoring Facilities: All significant users shall provide a suitable inspection manhole to allow inspection, sampling, and flow measurement, as required by section 28-101(13). (8) Liquid Waste Hauler Permits: The following provisions shall apply to all persons required to obtain a Liquid Waste Hauler Permit as required by section 28-101(7) of this article: (a) Persons required to obtain a Liquid Waste Hauler Permit shall complete and file with the city, an application in the form prescribed by the city and aor-ompanied by an application fee of ten dollars ($10.00). 0-1,Y—,34P- 14. (b) Existing liquid waste haulers shall apply for a Liquid Waste Hauler Permit within 30 days after the effective date of this article, and proposed new liquid waste haulers shall apply at least 90 days prior to initiating operation. In support of the application, the hauler shall submit, in units and terms appro- priate for evaluation, the following information: (i) Name, address, and phone number of hauler. (ii) Description and identification of each vehicle to be used for the purpose of draining, flushing, or cleaning out tanks and basins. (iii) Type and character of wastes anticipated to be carried by each vehicle. (iv) Proposed method and location of waste disposal. (v) Copies of any state and/or federal hauler permits currently held by the hauler. (c) A permit shall be issued by the city upon proof by the applicant that he has adequate and proper equipment to perform the services contemplated, and has sufficient knowledge of chemical hazards, septic tank or other sewage disposal system construction to perform the services contemplated in a safe and competent manner. (d) The legal company name and number of the permit granted hereunder shall be plainly painted on each side of each motor vehicle used in the conduct of the business permitted hereunder. (e) Copies of trip tickets, as required by federal, state, or local regulation shall be maintained for a minimum period of one year and shall be made available for inspection by the director at any reasonable time. All wastes disposed within the city shall be noted on trip tickets prescribed by the city and shall contain the following: (i) Name and permit number of hauler; (ii) Name of driver; (iii) Date(s) of waste pickup; (iv) Name, address, and phone number of generator(s); (v) Description of wastes (chemical name, commercial name, etc. ) ; (vi) Hauler's certification; (vii) Site of disposal and disposal site certification. ,(f) Failure of the permitee to comply with any provision of this D�� 5>ao 15. subsection, or the issuance of false information to acquire a permit shall be sufficient cause for the revocation of such permit by the city. Section 28-103: Enforcement (1) Harmful Contributions: The director may suspend the wastewater treatment service and/or an Industrial Waste Permit when such suspension is necessary, in the opinion of the director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the wastewater treatment system or causes the city to violate any condition of its NPDES Permit. Any person notified of a suspension shall immediately cease contrib- uting wastewater to the wastewater treatment system. In the event of a failure of the user to comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connect- ion, to prevent or minimize damage to the wastewater treatment system or endanger- ment to any individuals. The director shall reinstate the Industrial Waste Permit and/or the wastewater treatment service upon proof of the elimination of the non- complying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence. (2) Revocation of Permit : Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of this section: (a) Failure of the user to factually report the wastewater constituents and characteristics of his discharge; (b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics. (c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or, (d) Violation of conditions of the permit. (3) Notification of Violation: Whenever the city finds that any user has violated or is violating this article, Industrial Waste Permit, or any prohibit- ion, limitation or requirement contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a,plan for the satisfactory correction thereof shall be submitted to the city by the user. �L . (4) Show Cause Hearing: The city may order any user who causes or allows an unauthorized discharge to enter the waste treatment system to show cause before the city council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the city council regarding why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation. The city council may conduct the hearing and take the evidence, or may designate a representative or committee to: (a) Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; (b) Take the evidence; (c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council. At any hearing held pursuant to this article, testimony must be taken under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless the unauthorized discharge is properly treated, or otherwise prevented from entering the wastewater treatment system. Further orders and directives as are necessary and appropriate may be issued. (5) Legal Action: If any user discharges sewage, industrial waste or other waste into the city's wastewater treatment system contrary to the provisions of this article, federal or state pretreatment requirements, or any other orders of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the city municipal court, or the appropriate state court. Section 28-104: Fees and Surcharges (1) Industrial Waste Permits: For each Industrial Waste Permit issued 17. pursuant to this article, a base fee thereof shall be paid to the city by the applicant calculated on the basis of fifty and no/100 dollars ($50.00). Any such permit shall remain in full force for a period of five (5) years from the date of issuance, unless sooner revoked, and shall be non-transferable. (2) Sampling Fees: Each significant user for which the city has report- ing requirements under EPA National Categorical Pretreatment Standards or its NPDES Permit shall compensate the city for the cost of sampling and laboratory service required for monitoring discharges. The director shall determine the number of samples and the frequency of sampling necessary to comply with the reporting requirements. (3) User Surcharge: Users discharging industrial wastes which exhibits none of the characteristics of waste prohibited herein other than excessive B.O.D. , C.O.D. , suspended solids or oil and grease, but having a concentration in excess of "normal" sewage as defined in section 28-100 as normal domestic wastewater may be accepted for treatment if the user agrees to a surcharge over and above the regular sewer rates as established by the city. The method for computing the surcharge shall be based on the following formula: Oxygen Demand Surcharge (B.O.D. or C.O.D. ) Co= [c (AB] Vu or Co= [c (ACI Vu Suspended Solids Surcharge (S.S. ) Cs= Ec (AS] Vu Oil and Grease Surcharge (0.&G. ) Cg= FGc (AG]) Vu Total Surcharge Ct= Co+Cs+Cg Where: Co= Surcharge for excessive B.O.D. or C.O.D. , whichever is higher. Cs= Surcharge for excessive suspended solids. Cg= Surcharge for excessive oil and grease. Ct= Total surcharge. Bc= B.O.D. cost per milligram per liter per million gallons. Cc= C.O.D. cost per milligram per liter per million gallons. Sc= Suspended Solids cost per milligram per liter per million gallon. Gc= Oil and grease cost per milligram per liter per million gallons. 0 AB= User B.O.D. - Normal B.O.D.= (B.O.D.-250). 18. AC= User C.O.D. - Normal C.O.D. _ (C.O.D.-550). AS= User S.S. - Normal S.S. _ (S.S.-300). AG= User 0. & G. - Normal 0. & G. = (0. & G.-200) . Vu= Volume from User per month in million gallons (M.G. ). User cost would be as follows: B.O.D.= $0.014 per pound C.O.D.= $0.006 per pound S.S. = $0.016 per pound 0.&G. = $0.016 per pound B.O.D.= $0.120 per milligram per liter per million gallons C.O.D.= $0.055 per milligram per liter per million gallons S.S. = $0.130 per milligram per liter per million gallons 0.&G. = $0.130 per milligram per liter per million gallons The combined totals of the Oxygen Demand, Suspended Solids, and Oil and Grease 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. Determination of the average concentration of strength of the user's waste shall be made by the city and tests made 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 methods, using the average of comparable values obtained by the user and the city. (4) Liquid Waste Hauler Permits: For each Liquid Waste Hauler Permit issued pursuant to the provisions of this subsection, a base fee therefore shall be paid to the city by the applicant calculated on the basis of twenty five dollars ($25.00) for the first two vehicles used or to be used in the conduct of the business of the applicant, and five dollars ($5.00) for each additional vehicle. Any such permit shall be issued for a period co-extensive with the current fiscal year of the city and the full annual fee shall be payable for any fraction of the fiscal year. The permit shall continue in full force and effect from issuance to the end of said fiscal year, unless sooner revoked, and shall be nontransferable. v 19. Section 28-105: Power and Authority of Enforcing Agents The director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspecting, observing, measuring, sampling and testing in accordance with the provisions of this article. Section 28-106: Penalties:Costs Any person who is found to have violated an order of the city council or who willfully or negligently failed to comply with provisions of this article, and the orders, rules, regulations and permits issued hereunder, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in Section 1-8 . Each day in which any such violation shall continue shall be deemed a separate offense. In addition to the penalties provided herein, the city may recover reasonable attorney' s fees, court costs, court reporter' s fees and other expenses of litigation, and any other expense, loss or damage occasioned by the city by reason of such violation, by appropriate suit at law against the person found to have violated this article or the orders, rules, regu- lations, and permits issued hereunder. Any person who knowlingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall be ,. punished as provided in Section 1-8. Section 2. All other articles, ordinances, and parts of other articles or ordinances inconsistent or conflicting with any part of this artidle are hereby repealed to the extent of such inconsistency or conflict. Section 3. If any provisions, paragraph, work, or section of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. Passed by the City Council this the /,� „ day of 1983. - Mayor - Section 4. Industrial Waste Permit Application: City of Beaumont, Texas Water Utilities Department INDUSTRIAL WASTE PERMIT APPLICATION The undersigned, being the of the property located at does hereby request a permit to an industrial sewer connection serving , which company is engaged in at said location. 1. A plan of the property showing accurately all sewers and drains now existing is attached hereunto as Exhibit "A". 2. Plans and specifications covering any work proposed to be performed under this permit is attached hereunto as Exhibit "B". 3. A complete schedule of all process waters and industrial wastes produced or expected to be produced at said property, including a description of the character of each waste, the daily volume and maximum rates of discharge, representative analyses, and compliance with any applicable federal or state pretreatment standard is attached hereunto as Exhibit "C". 4. The name and address of the person or firm who will perform the work covered by this permit is: In consideration of the granting of this permit the undersigned agrees: 1. To furnish any additional information relating to the installation or use of the industrial sewer for which this permit is sought as may be requested by the City. 2. To accept and abide by all provisions of Article V, Chapter 28 of the Code of Ordinances of the City of Beaumont, and of all other pertinent ordinances or regulations that may be adopted in the future. 3. To operate and maintain any waste pretreatment facilities, as may be required as a condition of the acceptance into the wastewater treat- ment system of the industrial wastes involved, in an efficient manner at all times, and at no expense to the City. 4. To cooperate at all times with the City and its representatives in their inspecting, sampling, and study of the industrial wastes, and any facilities provided for pretreatment. 5. To notify the City immediately in the event of an 'accident, or other occurrence that occasions the discharge to the wastewater treatment system of any substance prohibited or otherwise limited by the Ordinance. O -13 -�� Date: Signed: Submit completed application with ten dollars ($10.00) application fee to Central Cashier's Office, City Hall. Office Use Only: $ application fee paid Received by ACTION: Approved; Denied; Signed: Title: 23. Section 5. Industrial Permit: City of Beaumont, Texas Water Utilities Department INDUSTRIAL WASTE PERMIT Permit No. In accordance with all terms and conditions of the Code of Ordinances of the City of Beaumont, and also with any applicable provisions of Federal or State law or regulation; Permission is Hereby Granted To Classified by SIC No. For the contribution of Into the City of Beaumont sewer lines at This permit is granted in accordance with the application filed on 19 and in conformity with plans, specifica- tions, and other data submitted in support of the above application, all of which are filed with and considered as part of this permit, together with the following named conditions and requirements. Effective this day of , 19 To Expire the day of , 19 Director $ permit fee paid Received by: .� -�� 2 4. Permit No. Limitations on Wastewater Strength a� a 0 o a cn Monitoring +� ro o A Requirements O N O �-+ U CD 1 0 _p b 5:4 (E, SV, SC) .� a r- P, H O M N 1- Parameters (Mg/1) .X w o E .X W r o Aluminum-dissolved (Al) Antimony Sb) Arsenic (As) Barium (Ba) Boron (B) Cadmium Cd) Chromium-total (Cr) Chromium-hexavalent (Cr t) Cobalt (Co) Copper (Cu) Cyanide (Cn) Fluoride (F) Iron Fe) Lead (Pb) Manganese (Mn) Mercury (Hg) Nickel (Ni) Phenols Selenium (Se) Silver (Ag) Titanium-dissolved (Ti) Zinc (Zn) Total Kjeldahl Nitrogen (TKN) Oil & Grease (Petroleum &/or mineral) MBAS Total Dissolved Solids Temperature-maximum (degrees C) PH-maximum (pH units ) pH-minimum (pII units) Biochemical Oxygen Demand Chemical Oxygen Demand _ Suspended Solids Flow - (MGD) I I ' 1 1 E - Enforcement Monitoring SV - Surveillance Monitoring SC - Surcharge Monitoring ~�� 3 P Permit No. ADDENDUM I Monitoring Schedule lJ O 26. Permit No. ADDENDUM II Compliance Schedule 27. Section 6. Liquid Waste Hauler Permit Application: City of Beaumont, Texas Water Utilities Department LIQUID WASTE HAULER PERMIT APPLICATION The undersigned, being the of , located at does hereby request a permit to drain, flush, or clean out tanks and basins containing chemical liquid wastes, septic tank wastes, oil and grease trap wastes, or any other type of domestic or non-domestic liquid waste within the City or for disposal of the above wastes within the City if generated outside the City. In support of this application, the following information is provided: 1. Company Name: Business Address: Mailing Address: Phone: 2. Number of vehicles to be used: 3. Description of each vehicle (use attached Vehicle Identification sheet) . 4. Proposed method(s) and location(s) of waste disposal (attach on separate sheet). 5. Copies of any state and/or federal hauling permits currently held by the hauler (attach if applicable). Date: Signed: Submit completed application with ten dollar ($10.00) application fee to Central Cashiers Office, City Hall. Office Use Only: $ application fee paid Received by: ACTION: Approved: Denied: Signed: Title: 28. LIQUID WASTE HAULER PERMIT APPLICATION Vehicle Identification Sheet Company Name: Business Address: Vehicle No. 1: Vehicle No. 2: Make: Make: Color: Color: Tank Cap. (gal) : Tank Cap. (gal) : License No. : License No. : Waste Description: Waste Description: Vehicle No. 3: Vehicle No. 4: Make: Make: Color: Color: Tank Cap. (gal): Tank Cap. (gal) : License No. : License No. : Waste Description: Waste Description: Vehicle No. 5: Vehicle No. 6: Make: Make: Color: Color: Tank Cap. (gal) : Tank Cap. (gal): License No. : License No. : Waste Description: Waste Description: (Obtain and attach extra sheets if necessary) 04,3 Section 7. Liquid Waste Hauler Permit: City of Beaumont, Texas Water Utilities Department LIQUID WASTE HAULER PERMIT Permit No. _ In accordance with all terms and conditions of the Code of Ordinances of the City of Beaumont, and also with any applicable provisions of federal or state law or regulations; Permission Is Hereby Granted to: For the draining, flushing or cleaning, of tanks and basins containing chemical iquid wastes within the City and/or for the disposal of such wastes within the City. This permit is granted in accordance with the application filed on 19 and in conformity with other data submitted in support of the above application, all of which are filed with and considered as part of this permit. Effective this day of , 19 To Expire the day of , 19 Director $ Permit fee paid Received by: v 30.