HomeMy WebLinkAboutORD 2003-010 ORDINANCE N0.2003-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE CODE OF
ORDINANCES BY AMENDING SECTION 25-60 THROUGH
25-86 OF CHAPTER 25 UTILITIES AND SERVICES
RELATIVE TO INDUSTRIAL WASTEWATER TREATMENT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE,
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH AN
OFFENSE OCCURS OR CONTINUES; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the
health, safety, and welfare of the public; and
WHEREAS, the City of Grapevine is required by 40 C.F.R. 403.8 to adopt a system
for industrial waste discharge permits; and
' WHEREAS, the City of Grapevine is authorized by the Texas Water Code to adopt
�A� such a system; and
WHEREAS, the City of Grapevine City Council deems the passage of this
ordinance to be in the best interest of the public.
BE IT ORDAINED BY THE CITY COUNCIL: THE CITY OF GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble of this ordinance are found to
be true and correct and are incorporated herein as if copied in their entirety.
Section 2. That Chapter 25, Article II, Division 3. Industrial Wastes, Sections 25-
60 through 25-86 are hereby deleted in their entirety and replaced in their entirety with the
attached Exhibit "A".
Section 3. If any section, article, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereto, any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
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Section 4. Any person violating any of the provisions of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00)
= for each offense and a separate offense shall be deemed committed each day during or
on which a violation occurs or continues.
Section 5. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace,
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 18th day of February, 2003.
APPROVED:
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William D. Tate
Mayor
�����` ATTEST:
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Linda Huff
Cit�,� Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr. ,�
City Attorney
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ORD. NO. 2003-10 2
EXMIBIT_..[1� TO�G��.�
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EXHIBIT"A"
INDUSTRIAL WASTEWATER ORDINANCE
SECTION 25—60 -GENERAL PROVISIONS
60.1 Purpose and Policy
This ordinance sets forth uniform requirements for users of the Publiciy Owned Treatment Works for
the City of Grapevine and enables the City to comply with all applicable State and Federal laws, including the
Clean Water Act(33 United States Code§ 1251 et seq.)and the General Pretreatment Regulations (40 Code
of Federal Regulations Part 403). The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will
interfere with its operation;
B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass
through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or
otherwise be incompatible with the Publicly Owned Treatment Works;
C. To protect both Publicly Owned Treatment Works 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 Publicly Owned
Treatment Works;
� E. To provide for fees for the equitable distribution of the cost of operation, maintenance, and
improvement of the Publicly Owned Treatment Works; and
F. To enable the Control Authority 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 Publicly Owned Treatment Works is subject.
This ordinance shall apply to all users of the Publicly Owned Treatment Works, which includes the
Trinity River Authoriry and City of Grapevine. The ordinance authorizes the issuance of wastewater discharge
permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review
procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs
resulting from the program established herein.
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60.2 Administration
Except as otherwise provided herein, the City of Grapevine City Manager or his / her designee shall
serve as the Designated City Official and shall administer, implement, and enforce the provisions of this
ordinance.Any powers granted to or duties imposed upon the Designated City Official may be delegated by
the Designated City Official to other City of Grapevine personnel.
60.3 Abbreviations
The following abbreviations,when used in this ordinance, shall have the designated meanings:
• BOD - Biochemical Oxygen Demand
• CFR - Code of Federal Regulations
• COD - Chemical Oxygen Demand
• EPA - U.S. Environmental Protection Agency
• gpd - gallons per day
• mg/I - milligrams per liter
- • NPDES - National Pollutant Discharge Elimination System
,�, , • POTW - Publicly Owned Treatment Works
• RCRA - Resource Conservation and Recovery Act
• SIC - Standard Industrial Classification
• SIU - Significant Industrial User
• TCEQ - Texas Commission on Environmental Quality
• TPDES -Texas Pollutant Discharge Elimination System
• TRA - Trinity River Authority
• TSS - Total Suspended Solids
• TTO - Total Toxic Organics
• U.S.C. - United States Code
60.4 Definitions
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Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
ordinance, shall have the meanings hereinafter designated.
A. Act or"the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act,
as amended, 33 U.S.C. § 1251 et seq.
B. Approval Authority. The Regional Administrator of EPA or the Director of a state agency
delegated to act on EPA's behalf with an approved pretreatment program (e.g. Executive Director
of TCEQ).
C. Authorized Reqresentative of the 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 function, or any other person who performs similar policy or
decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities
employing more than finro hundred fifty(250)persons or having gross annual sales or
expenditures exceeding twenty-five (25) miilion dollars (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(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 another
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 of Grapevine.
D. Biochemical Oxvqen Demand or BOD. The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five (5) days at 20
centigrade, usually expressed as a concentration (e.g., mg/I).
E. Cateqorical 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. § 1317)which apply to a specific category of users and which appear in 40 CFR Chapter
I, Subchapter N, Parts 405-471.
F. C�. The City of Grapevine. Contracting Party of the Trinity River Authority's Central Regional
Wastewater System.
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G. Composite Samqle. A sample that is collected over time,formed either by continuous sampling
or by mixing discrete samples. The sample may be composited either as a time composite
� sample: composed of discrete sample aliquots collected at constant time intervals providing a
sample irrespective of stream flow; or as a flow proportional composite sample: collected either
as a constant sample volume at time intervals proportional to flow, or collected by increasing the
volume of each aliquot as the flow increases while maintaining a constant time interval befinreen
the aliquots.
H. Control Authoritv. City of Grapevine and/or the Trinity River Authority of Texas(if discharge falls
to Trinity River Authority treatment facility)as holder of NPDES Permit.
I. Environmental Protection Aqency or EPA. The U.S. Environmental Protection Agency or,where
appropriate, the Regional Water Management Division Director, or other duly authorized o�cial
of said agency.
J. Existinq Source. Any source of discharge, the construction or operation of which commenced
prior to the publication by EPA of proposed categorical pretreatment standards, which will be
applicable to such source if the standard is thereafter promulgated in accordance with Section
307 of the Act.
K. Grab Sample. A sample which is taken from a wastestream without regard to the flow in the
wastestream and over a period of time not to exceed fifteen (15) minutes.
L. Indirect Discharqe or Discharqe. The introduction of pollutants into the POTW from any
nondomestic source regulated under Section 307(b), (c), or(d)of the Act.
M. Industrial User. An industry that discharges wastewater into the wastewater system.
�- N. Instantaneous Maximum Allowable Discharqe 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.
O. Interference. A discharge, which 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 Control Authority'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);40 CFR 503
sludge regulations; any State regulations contained in any State sludge management plan
prepared pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312; the Clean Air
Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries
Act.
P. 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.
Q. NPDES (National Pollutant Discharge Elimination Svstem). National Pollutant Discharge
Elimination System permit program of the Environmental Protection Agency, and/or the permit
program of the state agency delegated to act on EPA's behalf with an approved pretreatment
program (e.g. TPDES or Texas Pollutant Discharge Elimination System).
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R. New Source. P � �_ Of
(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 which will be applicable to such
source if such standards are thereafter promulgated in accordance with that section,
provided that:
(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 (60.1)(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 are 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.
S. Noncontact Coolinq Water. Water used for cooling which does not come into direct contact with
any raw material, intermediate product, waste product, or finished product.
T. Normal Wastewater. Wastewater which the average concentration of suspended solids and five-
day BOD does not exceed 250 mg/I each.
U Pass Throuqh. 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 Control Authority's NPDES permit,
including an increase in the magnitude or duration of a violation.
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V Person. Any individual, partnership, copartnership,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.
W. �H. A measure of the acidity or alkalinity of a solution, expressed in standard units.
X. 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).
Y. 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.
Z. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
AA. Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge
standards, categorical pretreatment standards, and local limits.
BB. Prohibited Discharqe Standards or Prohibited Discharqes. Absolute prohibitions against the
discharge of certain substances; these prohibitions appear in Section 61.1 of this ordinance.
CC. Publicly Owned Treatment Works or POTW. A"treatment works,"as defined by Section 212 of
�= the Act(33 U.S.C. §1292)which is owned by the Ciry and/or the Control Authority. 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.
DD. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets,campers,
trailers, and septic tanks.
EE. Sewaqe. Human excrement and gray water(household showers, dishwashing operations, etc.).
FF. Shall is mandatory; May is permissive.
GG. SiQnificant Industrial User.
(1) A user subject to categorical pretreatment standards; or
(2) A 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);
(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
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(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)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 a 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.
HH. Sluq Load or Sluq. Any discharge at a flow rate or concentration which could cause a violation
of the prohibited discharge standards in Section 61.1 of this ordinance.
II. Standard Industrial Classification (SIC)Code. A classification pursuant to the Standard Industrial
Classification Manual issued by the United States Office of Management and Budget.
JJ. Storm Water. Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
KK. Citv Manaqer or his / her desiqnee. The person designated by the City who is charged with
certain duties and responsibilities by this ordinance, or a duly authorized representative.
LL. Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in,
water,wastewater, or other liquid, and which is removable by laboratory filtering.
MM. Total Toxic Orqanics. The sum of the masses or concentration of the toxic organic compounds
listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in industrial users'
' discharge at a concentration greater than 0.01 mg/L. Only those parameters reasonably
suspected to be present, at the discretion of the Designated City Official, if any, shall be analyzed
= m for with non-categorical industries. With Categorical industries, TTOs will be sampled for as
stipulated in the particular category or those parameters reasonably suspected to be present, at
the discretion of the Designated City Official, where not stipulated.
NN. User or Industrial User. A source of indirect discharge.
00. 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.
PP. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed
to provide treatment of municipal sewage and industrial waste.
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SECTION 25—61 - GENERAL SEWER USE REQUIREMENTS
� 61.1 Prohibited Discharge Standards
A. Use of system; compliance with authority.
(1) Unless exception is granted by the City, the public sewer system shall be used by all persons
discharging:
(a)Wastewater;
(b) Industrial waste;
(c) Polluted liquids; or
(d) Unpolluted waters or liquids.
(2) Unless authorized by the Texas Commission on Environmental Quality, no person may deposit
or discharge any waste included in subsection (a)of this section on public or private property in or adjacent
to any:
(a) Natural outlet;
(b)Watercourse;
(c)Storm sewer;
(d)Other area within the jurisdiction of the city.
� � (3)The City 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
governments.
B. General Prohibitions.
1. Control Authority requirements.
(a) If discharges or proposed discharge to public sewers proposed by a user may:
(1) Deleteriously affect wastewater facilities, processes, equipment, or receiving
waters;
(2) Create a hazard to life or health; or
(3) Create a public nuisance;
the City shall require:
(i) Pretreatment to an acceptable condition for discharge to the public
sewers. Pretreatment shall comply with all Federal Categorical
Pretreatment Standards as well as any applicable state standards.
�" (ii) Control over the quantities and rates of discharge; and
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(iii) Payment to cover the cost of handling and treating the wastes.
(b)The City is entitled to determine whether a discharge or proposed discharge is included
under subsection (a)of this section.
(c)City shall reject wastes when:
(1) It determines that a discharge or proposed discharge is included under
subsection (a)of this section; and
(2)The discharger does not meet the requirements of subsection (a)of this section.
2. 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 pretreatment standards or any other National,
State, or local pretreatment standards or requirements.
C. S�ecific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following
pollutants, substances, or wastewater:
(1) 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 140 F (60 C) using the test
methods specified in 40 CFR 261.21;
(2) Wastewater having corrosive properties capable of causing damage or injury to structures,
equipment and/or personnel of the POTW, as per the specific prohibition in the applicable
local limits in Section 61.4. In no case shall wastewater containing a pH less than 5.0 be
discharged unless the works is specifically designated to accommodate such discharges;
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the
POTW resulting in interference, blockage, or damage to the POTW.
(4) 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;
(5) Wastewater having a temperature greater than 150 F (65 C), or which will inhibit
biological activity in the treatment plant resulting in interFerence, but in no case wastewater
which causes the temperature at the introduction into the treatment plant to exceed 104 F
(40 C);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that
will cause interference or pass through;
, (7) 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;
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(8) Trucked or hauled pollutants, except at discharge points designated by the Designated City
Official and the Control Authorities in accordance with Section 62.4 of this ordinance;
(9) 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;
(10) 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 applicable NPDES
permit;
(11) Wastewater containing any radioactive wastes or isotopes except in compliance with
applicable State or Federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage, and unpolluted wastewater, unless specifically authorized by the designated city
official and the Control Authorities;
(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(14) Medical wastes, except as specifically authorized by the designated city official and/or the
Control Authorities in a wastewater discharge permit;
(15) Wastewater causing, alone or in conjunction with other sources, the treatment planYs
effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may cause excessive
foaming in the POTW;
(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater than that
specified in the applicable local limits in Section 61.4;
(18) A discharge of water, normal domestic wastewater, or industrial waste that which in quantity
of flow exceeds, for a duration of longer than fifteen minutes, more than four times the
average twenty four hour flow during normal operations of the industry;
(19) Insecticides and herbicides in concentrations that are not amenable to treatment;
(20) Polychlorinated biphenyls;
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(21) Garbage that is not properly shredded to such an extent that all particles will be carried
freely under the flow conditions normally prevailing in wastewater mains, with no particle
having greater than one-half(1/2") inch cross-sectional dimension;
(22) Wastewater or industrial waste generated or produced outside the City, unless approval in
writing from the Designated City Official and the Control Authorities has been given to the
person discharging the waste; or,
(23) Without the approval of the Designated City Official and the Control Authorities,a substance
or pollutant other than industrial waste, normal domestic wastewater, septic tank waste or
chemical toilet waste that is of a toxic or hazardous nature, regardless of whether or not it
is amenable to treatment, including but not limited to bulk or packaged chemical products.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such
a manner that they could be discharged to the POTW.
61.2 National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are
hereby incorporated.
A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater, the Designated City Official may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not
regulated by the same standard, the Designated City Official shall impose an alternate limit using
the combined wastestream formula in 40 CFR 403.6(e).
C. A user may obtain a variance from a categorical pretreatment standard if the user can prove,
pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to
its discharge are fundamentally different from the factors considered by EPA when developing
the categorical pretreatment standard.
D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR
403.15.
61.3 Requirements for building sewers.
Any person responsible for discharges through a building sewer carrying industrial wastes shall, at his
own expense and as required by the City:
A. Install an accessible and safely located control manhole;
. B. Install meters and other appurtenances to facilitate observation sampling and measurement of
the waste; and
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C. Maintain the equipment and facilities.
� 61.4 Local Limits
The following pollutant limits are established to protect against pass through and interference. No
person shall discharge or cause or permit to be discharged,wastewater containing in excess of the following
instantaneous maximum allowable discharge limits into the following system(s):Trinity River Authority POTW
and the City of Grapevine POTW.
0.2 mg/I arsenic
0.1 mg/I cadmium
2.9 mg/I chromium
2.3 mg/I copper
0.5 mg/I cyanide
0.9 mg/I lead
0.0004 mg/I mercury
0.2 mg/I Molybdenum
a 4.6 mg/I nickel
200 mg/I oil and grease
0.1 mg/1 selenium
0.8 mg/I silver
8.0 mg/I zinc
2.13 mg/I TTO
5.5 pH 11.0
Standard Units
The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations
for metallic substances are for "total" metal unless indicated otherwise. The Designated City Official may
impose mass limitations in addition to, or in place of, the concentration-based limitations above.
61.5 City's Right of Revision
The City of Grapevine reserves the right to establish, by ordinance or in wastewater discharge permits,
� more stringent standards or requirements on discharges to the POTW.
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61.6 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. The Designated City
Official may impose mass limitations on users who are using dilution to meet applicable pretreatment
standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
61.7 Plant Loading
No industry shall discharge wastewater containing a BOD or TSS loading that causes the City's prorata
share of the total BOD or TSS loading to the POTW System to exceed the Ciry's prorata share of the total flow
to the POTW System. (Example: If the City contributes 25%of the total wastewater flow to the System, the
City's cumulative BOD or TSS loading to the System, as measured at the City's points of entry to the System,
shall not exceed 25% of the total BOD or TSS loading to the System.)
Any industry with a wastewater strength that will cause the City's cumulative wastewater loading, at the
„ City's points of entry,to exceed the City's prorata share of the total wastewater loading based upon flow, shall
be required to install pretreatment facilities to reduce its wastewater strength to an acceptable level. The BOD
�- limit is: 250 mg/I.
SECTION 25—62 - PRETREATMENT OF WASTEWATER
62.1 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 61.1
of this ordinance within the time limitations specified by EPA, the State, the Control Authority, or the
Designated City Official, 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 Designated City Official for review, and shall be acceptable
to the Designated City Officiat 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 of Grapevine under the provisions of this ordinance.
62.2 Additional Pretreatment Measures
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A. Whenever deemed necessary, the Designated City Official 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 require such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements of this ordinance.
B. The Designated City Official 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. A wastewater discharge permit may be issued solely for flow
equalization.
C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Designated City
Official,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 type and capacity approved by the Designated City Official
and shall be so located to be easily accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
D. Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter, or other control device as deemed
necessary by the Designated City Official.
62.3 Accidental Discharge/Slug Control Plans
At least once every finro (2)years, the Designated City Official shall evaluate whether each permitted
significant industrial user needs an accidental discharge/slug control plan. The Designated City Official may
require any user to develop, submit for approval, and implement such a plan. An accidental discharge/slug
� � control plan shall address, at a minimum, the following:
A. Description of discharge practices, including nonroutine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Designated City Official and Control Authorities of any
accidental or slug discharge, as required by Section 65.6 of this ordinance; and
D. 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.
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62.4 Hauled Wastewater
A. Septage waste may be introduced into the POTW only at locations designated by the Designated
_� City Official and Control Authorities, and at such times as are established by the Designated City
Official and Control Authorities. Such waste shall not violate Section 25—61 of this ordinance
or any other requirements established by City of Grapevine. The Designated City Official and/or
Control Authorities may require septic tank waste haulers to obtain wastewater discharge permits.
Such wastes shall be managed in accordance with Chapter 312 of Title 30 of the Texas
Administrative Code and any other applicable requirements.
B. Septage waste haulers must provide a waste-tracking form for every load. This form shall
include, at a minimum, the name and address of the 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 generator, known or suspected waste constituents, and
whether any wastes are RCRA hazardous wastes.
SECTION 25—63 -WASTEWATER DISCHARGE PERMIT APPLICATION
63.1 Wastewater Analysis
When requested by the Designated City Official, a user must submit information on the nature and
characteristics of its wastewater by the deadline stipulated. The Designated City Official is authorized to
prepare a form for this purpose and may periodically require users to update this information.
63.2 Wastewater Discharge Permit Requirement
- A. No significant industrial user shall discharge wastewater into the POTW without first obtaining a
wastewater discharge permit from the Designated City Official, except that a significant industrial
user that has filed a timely application pursuant to Section 63.3 of this ordinance may continue
to discharge for the time period specified therein.
B. The Designated City Official may require other users to obtain wastewater discharge permits as
necessary to carry out the purposes of this ordinance.
C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a
violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set
out in Sections 25—68 through 25— 71 of this ordinance. Obtaining a wastewater discharge
permit does not relieve a permittee of its obligation to comply with all Federal and State
pretreatment standards or requirements with any other requirements of Federal, State, and local
law.
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63.3 Wastewater Discharge Permitting: Existing Connections
Any user required to obtain a 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 future,
shall, apply to the Designated City Official for a wastewater discharge permit in accordance with Section 63.5
of this ordinance, and shall not cause or allow discharges to the POTW to continue after ninety(90)days of
the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the
Designated City Official. If, in the Designated City Official judgement, the passing of the Ordinance does not
significantly affect the Industrial Users current permit, then the existing permit will continue through to the
expiration date.
63.4 Wastewater Discharge Permitting: New Connections
Any user required to obtain a 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 wastewater discharge permit, in accordance with Section 63.5 of this
ordinance, must be filed prior to the date upon which any discharge will begin or recommence.
63.5 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit a permit application. The
N, , Designated City Official may require all users to submit as part of an application the following information:
A. All information required by Section 65.1(B)of this ordinance;
B. Description of activities,facilities, and plant processes on the premises, including 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;
C. Number and type of employees, hours of operation, and proposed or actual hours of operation;
D. Each product produced by type, amount, process or processes, and rate of production;
E. Type and amount of raw materials processed (average and maximum per day);
F. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor
drains, and appurtenances by size, location, and elevation, and all points of discharge;
G. Time and duration of discharges; and
H. Any other information as may be deemed necessary by the Designated City Official to evaluate
the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
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63.6 Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by an authorized
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representative of the user and contain the following certification statement:
"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."
63.7 Wastewater Discharge Permit Decisions
The Designated City Official will evaluate the data furnished by the user and may require additional
information. Within sixty (60) days of receipt of a complete wastewater discharge permit application, the
Designated City Official will determine whether or not to issue a wastewater discharge permit. The
Designated City Official may deny any application for a wastewater discharge permit.
SECTION 25—64 -WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
64.1 Wastewater Discharge Permit Duration
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A wastewater discharge permit shall be issued for a specified time period, not to exceed five(5)years
from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five
(5)years, at the discretion of the Designated City Official. Each wastewater discharge permit will indicate a
specific date upon which it will expire.
64.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by
the Designated City Official to prevent pass through or interference, protect the quality of the water body
receiving the treatment planYs effluent, protect worker health and safety, facilitate sludge management and
disposal, and protect against damage to the POTW.
A. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall
exceed five (5)years;
(2) A statement that the wastewater discharge permit is nontransferable without prior
notification to the City in accordance with Section 64.5 of this ordinance, and provisions for
_ furnishing the new owner or operator with a copy of the existing wastewater discharge
permit;
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(3) Effluent limits based on applicable pretreatment standards;
-- - (4) Self monitoring, sampling, reporting, notification,and record-keeping requirements. These
requirements shall include an identification of pollutants to be monitored, sampling location,
sampling frequency, and sample type based on Federal, State, and local law; and
(5) 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.
B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(2) 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;
(3) Requirements for the development and implementation of spill control plans or other special
conditions including management practices necessary to adequately prevent accidental,
unanticipated, or non-routine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management of the
�� -_� wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities and
equipment;
(7) A statement that compliance with the wastewater discharge permit does not relieve the
permittee of responsibility for compliance with all applicable Federal and State pretreatment
standards, including those which become effective during the term of the wastewater
discharge permit; and
(8) Other conditions as deemed appropriate by the Designated City Official to ensure
compliance with this ordinance, and State and Federal laws, rules, and regulations.
64.3 Reserved.
64.4 Wastewater Discharge Permit Modification
The Designated City Official may modify a 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;
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B. To address significant alterations or additions to the user's operation, processes, or wastewater
volume or character since the time of 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 POTW, POTW personnel,
or the receiving waters;
E. Violation of any terms or conditions of the 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;
H. To correct typographical or other errors in the wastewater discharge permit; or
I. To reflect a transfer of the facility ownership or operation to a new owner or operator.
64.5 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives
advance notice to the Designated City Official and the Designated City Official approves the wastewater
discharge permit transfer. The notice to the Designated City Official must include a written certification by the
.�......
new owner or operator which:
A. States that the new owner and/or operator has no immediate intent to change the facility's
operations and processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the
date of facility transfer.
64.6 Wastewater Discharge Permit Revocation
The Designated City Official may revoke a wastewater discharge permit for good cause, including, but
not limited to, the following reasons:
A. Failure to notify the Designated City Official of significant changes to the wastewater prior to the
� changed discharge;
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B. Failure to provide prior notification to the Designated Ciry Official of changed conditions pursuant
to Section 65.5 of this ordinance;
�� C. Misrepresentation or failure to fully disclose ali relevant facts in the wastewater discharge permit
application;
D. Falsifying self-monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the Designated City Official timely access to the facility premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application;
L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge
permit or this ordinance.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business
ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new
wastewater discharge permit to that user.
64.7 Wastewater Discharge Permit Reissuance
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit
reissuance by submitting a complete permit application, in accordance with Section 63.5 of this ordinance,
prior to the expiration of the user's existing wastewater discharge permit.
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SECTION 25—65 - REPORTING REQUIREMENTS
65.1 Baseline Monitoring Reports
A. Within either one hundred eighty(180)days after the effective date of a categoricai pretreatment
standard, or the final administrative decision on a category determination under 40 CFR
403.6(a)(4),whichever is later, existing categorical users currently discharging to or scheduled
to discharge to the POTW shall submit to the Designated City Official a report which contains the
information listed in paragraph B, below. At least ninety(90)days prior to commencement of their
discharge, new sources, and sources that will become categorical users subsequent to the
promulgation of an applicable categorical standard, shall submit to the Designated City Official
a report which contains the information listed in paragraph B, 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.
B. Users described above shall submit the information set forth below.
(1) Identifying Information. The name and address of the facility, including the name of the
operator and owner.
(2) Environmental Permits. A list of any environmental control permits held by or for the facility.
(3) Description of Operations. A brief description of the nature, average 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.
(4) Flow Measurement. Information showing the measured or estimated 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
40 CFR 403.6(e).
(5) Measurement of Pollutants.
(a) The categorical pretreatment standards applicable to each regulated process.
(b) The results of sampling and analysis identifying the nature and concentration, and/or
mass,where required by the standard or by the Designated City Official, of regulated
pollutants in the discharge from each regulated process. Instantaneous, daily
maximum, and long-term average concentrations, or mass, where required, shall be
reported. The sample shall be representative of daily operations and shall be analyzed
in accordance with procedures set out in Section 65.10 of this ordinance.
(c) Sampling must be performed in accordance with procedures set out in Section 65.11
of this ordinance.
(6) Certification. A statement, reviewed by the user's authorized representative and certified
by a qualified professional, indicating whether pretreatment standards are being met on a
consistent basis, and, if not,whether additional operation and maintenance (O&M)and/or
additional pretreatment is required to meet the pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M wi�l be required to meet the
pretreatment standards,the shortest schedule by which the user will provide such additional
pretreatment and/or O&M. The completion date in this schedule shall not be later than the
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compliance date established for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the requirements set out in Section 65.2 of this
ordinance.
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(8) Siqnature and Certification. All baseline monitoring reports must be signed and certified
in accordance with Section 63.6 of this ordinance.
65.2 Compiiance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section 65.1(B)(7)of this
ordinance:
A. 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);
B. No increment referred to above shall exceed nine (9) months;
C. The user shall submit a progress report to the Designated City Official 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
D. In no event shall more than nine (9) months elapse between such progress reports to the
Designated City Official.
65.3 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 Designated
City Official a report containing the information described in Section 65.1(B)(4-6)of this ordinance. For users
subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR
403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other
users subject to categorical pretreatment standards 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 63.6 of this ordinance.
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65.4 Periodic Compiiance Reports
A. All significant industrial users shall, at a frequency determined by the Designated City Official but
��• w in no case less than twice per year, submit a report indicating the nature and 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. All periodic compliance
reports must be signed and certified in accordance with Section 63.6 of this ordinance.
B. 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 times. 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.
C. If a user subject to the reporting requirement in this section monitors any pollutant more frequently
than required by the Designated City Official, using the procedures prescribed in Section 65.10
and 65.11 of this ordinance, the results of this monitoring shall be included in the report.
65.5 Reports of Changed Conditions
Each user must notify the Designated City Official of any planned significant changes to the user's
operations or system which might alter the nature, quality, or volume of its wastewater before the change is
made.
A. The Designated City Official 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 63.5 of this ordinance.
V B. The Designated City Official may issue a wastewater discharge permit under Section 63.7 of this
ordinance or modify an existing wastewater discharge permit under Section 64.4 of this ordinance
in response to changed conditions or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but are not limited to, flow
increases of twenty percent 20% or greater, and the discharge of any previously unreported
pollutants that are determined to be of concern.
65.6 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of
a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause
potential problems for the POTW, the user shall immediately telephone and notify the City and
the Control Authority 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.
B. Within five(5)days following such discharge, unless waived by the Director,the user shall 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 may 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.
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C. 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 discharge described in paragraph A, above.
Employers shall ensure that all employees, who may cause such a discharge to occur, are
q advised of the emergency notification procedure.
65.7 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the
Designated City Official as the Designated City Official may require.
65.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the Designated City Official
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 Designated City Official within thirty(30)days after
becoming aware of the violation. The user is not required to resample if the Designated City Official monitors
at the user's facility at least once a month, or if the Designated City Official samples between the user's initial
sampling and when the user receives the results of this sampling.
65.9 Notification of the Discharge of Hazardous Waste
A. 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 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 mass and concentration of such constituents in the wastestream discharged during that
calendar month, and an estimation of the mass 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 65.5 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
65.1, 65.3, and 65.4 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A, 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 non-acute 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
w , quantities of any hazardous waste do not require additional notification.
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C. 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 Designated City Official, the POTW,the EPA Regional Waste Management
=�4� 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.
D. 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.
E. 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.
65.10 Analyticat 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, 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, sampling and analyses must be
performed in accordance with procedures approved by EPA.
65.11 Sampling and Testing.
,��;, A. Sampling shall be conducted according to customarily accepted methods, reflecting the effect of
constituents upon the sewage works and determining the existence of hazards to health, life, limb, and
property.
(NOTE: The particular analyses involved will determine whether a 24 hour composite sample from all outFalls
of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always,
BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls.Where applicable,
16-hour, 8-hour or some other period may be required. Periodic grab samples are used to determine pH.)
B. Examination and analyses of the characteristics of waters and wastes required by this section shall be:
(1)Conducted in accordance with the latest approved edition of Standard Methods; and
(2)Determined from suitable samples taken at the control manhole provided or other control point
authorized by the approving authority.
C. BOD and suspended solids shall be determined from composite sampling.
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D. The city shall select an independent firm or laboratory to determine flow, BOD, suspended solids and
- other chemical analysis as necessary.
E. Except as indicated in Subsection G, below, the user must collect wastewater samples using flow
proportional composite collection techniques. In the event flow proportional sampling is infeasible, the
Designated City Official and/or Control Authorities may authorize the use of time proportional sampling or a
minimum of four(4)grab samples where the user demonstrates that this will provide a representative sample
of the effluent being discharged. In addition, grab samples may be used to show compliance with
instantaneous discharge limits.
F. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic
compounds must be obtained using grab collection techniques.
65.12 Timing
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.
65.13 Record Keeping
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 and any additional records of information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements. Records shall include the date, exact place, method, and time
of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who
performed the analyses;the analytical techniques or methods used; and the results of such analyses. 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 of Grapevine, or where the user has
been specifically notified of a longer retention period by the Designated City Official and/or Control Authorities.
SECTION 25—66 -COMPLIANCE MONITORING
66.1 Right of Entry: Inspection and Sampling
The Designated City Official and/or the Control Authority, TCEQ, or USEPA or their designated
representative 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 wastewater discharge permit or order issued
hereunder. Users shall allow inspecting or sampling person 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.
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A. 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 City, Control Authority, TCEQ or
� -� USEPA will be permitted to enter without delay for the purposes of performing specific
responsibilities.
B. The Designated City Official an/or Control Authorities 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. All sampling and analysis performed by the Designated City
Official and/or Control Authorities to monitor compliance shall be at the expense of the industrial
user.
C. The designated City Official and/or Control Authorities 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, at a minimum, annually to
ensure their accuracy.
D. 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
Designated City Official and/or Control Authorities and shall not be replaced. The costs of
clearing such access shall be born by the user.
E. Unreasonable delays in allowing the inspecting or sampling person access to the user's premises
shall be a violation of this ordinance.
F. In accordance with 40 CFR 403, the City shall inspect and monitor each permitted Industrial User
a minimum of once per year. If the City elects to perForm compliance monitoring for the industry
then the City will monitor the industry a minimum of semi annually.
66.2 Search Warrants
If the Designated City Official and/or Control Authorities has been refused 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 Of Grapevine 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,
then the Designated Ciry Official and/or Control Authorities may seek issuance of a search warrant from the
an appropriate court.
SECTION 25—67 -CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permits, and monitoring programs, and from inspection and sampling
activities, shall be available to the public without restriction, unless the user specifically requests, and is able
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to demonstrate to the satisfaction of the City and/or Control Authority, 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 by 40 CFR 2.302 will not be recognized as confidential information and will be available to
the public without restriction.
SECTION 25—68 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Designated City Official shall publish annually, in the largest daily newspaper published in the
municipality where the POTW is located, a list of the users which, during the previous twelve (12) months,
were in significant noncompliance with applicable pretreatment standards and requirements. The term
significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits,defined here as those in which sixty-six percent
(66%)or more of wastewater measurements taken during a six- (6-) month period exceed the
daily maximum limit or average limit for the same pollutant parameter by any amount;
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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 daily maximum limit or the average limit
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 discharge violation that the Designated City Official and/or Control Authorities believes
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 pollutants that has caused imminent endangerment to the public or to the
environment, or has resulted in the Designated City Official or Control Authorities 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 a wastewater discharge permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
F. Failure to provide within thirty (30) 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
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H. Any other violation(s) which the Designated City Official determines will adversely affect the
operation or implementation of the local pretreatment program.
SECTION 25—69 -ADMINISTRATIVE ENFORCEMENT REMEDIES
69.1 Notification of Violation
When the Designated City Official finds that a user has violated, or continues to violate, any provision
of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Designated City Official may serve upon that user a written Notice of Violation.
Within the time frame specified in the notice, which is usually, but not always 10 days, 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 Designated City Official. Submission of this 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 Designated City Official to take any action, including emergency actions
or any other enforcement action,without first issuing a Notice of Violation.
69.2 Reserved
69.3 Show Cause Hearing
# The Designated City Official may order a user which has violated, or continues to violate, any provision
of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, to appear before the Designated City official 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. A show cause hearing
shall not be a bar against, or prerequisite for, taking any other action against the user.
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69.4 Compliance Orders
-� When the Designated City Official finds that a user has violated, or continues to violate, any provision
of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Designated City Official 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.
69.5 Cease and Desist Orders
When the Designated City Official finds that a user has violated, or continues to violate, any provision
of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past violations are likely to recur, the Designated City Official may
issue an order to the user directing it to cease and desist all such violations and directing the user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting 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.
69.6 Reserved
69.7 Emergency Suspensions
The Designated City Official 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 Designated City Official may also immediately suspend a user's discharge, after notice and opportunity
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to respond, that threatens to interfere with the operation of the POTW, or which presents,or may present, an
endangerment to the environment.
A. 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 Designated City Official or Control Authorities 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 Designated
City official may allow the user to recommence its discharge when the user has demonstrated
to the satisfaction of the Designated City Official that the period of endangerment has passed,
unless the termination proceedings in Section 69.8 of this ordinance are initiated against the user.
B. 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 Designated City
Official prior to the date of any show cause or termination hearing under Sections 69.3 or 69.8
of this ordinance.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under
this section.
69.8 Termination of Discharge
In addition to the provisions in Section 64.6 of this ordinance, any user who violates the following
conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring,
or sampling; or
E. Violation of the pretreatment standards in Section 25—61 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 69.3 of this ordinance why the proposed action should not be taken. Exercise of
this option by the Designated city Official shall not be a bar to, or a prerequisite for, taking any other action
against the user.
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SECTION 25—70 -JUDICIAL ENFORCEMENT REMEDIES
70.1 Injunctive Relief
When the Designated City Official finds that a user has violated, or continues to violate, any provision
of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Designated City Official may petition the appropriate Court through the City of
Grapevine's Attorney for the issuance of a temporary or permanent injunction, as appropriate,which restrains
or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed
by this ordinance on activities of the user. The Designated City Official 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.
70.2 Civil Penalties
A. A user who has violated, or continues to violate, any provision of this ordinance, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement
shall be liable to The City of Grapevine for a maximum civil penalty of One Thousand Dollars
($1,000.00)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.
B. The Designated City Official 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 of Grapevine.
C. 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.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other
action against a user.
E. Failure to pay. In addition to sanctions provided for by this division, the city is entitled to exercise
sanctions provided for by the other ordinances of the city for failure to pay the bill for water and
sanitary sewer service when due.
70.3 Criminal Prosecution
A. A user who violates any provision of this ordinance, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be
guilty of a misdemeanor, punishable by a fine of not more than Two Thousand Dollars
($2,000.00) per violation, per day, or imprisonment as decided by an appropriate court, or both.
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B. A user who negiigently introduces any substance into the POTW which causes personal injury
or property damage shail, upon conviction, be guilty of a misdemeanor and be subject to the
n- ; same penalties described in 70.3.A. of this Ordinance. This penalty shall be in addition to any
other cause of action for personal injury or property damage available under State law.
C. A user who makes any false statements, representations, or certifications in any application,
record, report, plan, or other documentation filed, or required to be maintained, pursuant to this
ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers
with, or renders inaccurate any monitoring device or method required under this ordinance shall,
upon conviction, be subject to the same penalties described in 70.3.A. of this Ordinance.
D. CRIMINAL RESPONSIBILITY. A culpable mental state is not required to prove an offense under
this Ordinance.A person is criminally responsible for a violation of this Ordinance if:
(1) the person commits or assists in the commission of a violation, or causes or permits
another person to commit a violation; or
(2) the person owns or manages the property or facilities determined to be the cause of the
illegal discharge under Section 61.1, 61.2, 61.4, 62.4, or 63.2.
70.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The Designated City Official 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 of Grapevine's Enforcement Response Plan (ERP).
��,:�
However, the Designated City Official may take other action against any user when the circumstances
warrant. Further,the Designated City Official is empowered to take more than one enforcement action against
any noncompliant user.
70.5 Applicability of More Stringent Regulations
A. If national pretreatment standards, categorical or otherwise, more stringent than the discharge
fimits prescribed in this article are promulgated by the United States Environmental ProteCti0f1
Agency for certain industries, the more stringent national pretreatment standards will apply to the
affected industrial user. A violation of the more stringent national pretreatment standards will also
be considered a violation of this Ordinance.
B. Applicability of more stringent discharge limits. An industrial user within the city who discharges
industrial waste ultimately received and treated by another governmental entity pursuant to a
wholesale wastewater contract or a reciprocal agreement with the city is subject to the following
additional rules:
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(1) If the governmental entity has more stringent discharge limits than those prescribed by this
Ordinance, or by a discharge permit issued hereunder, because the United States
��� $ Environmental Protection Agency requires the more stringent discharge limits as part of the
governmental entity's wastewater pretreatment program,the more stringent discharge limits
shall prevaiL
(2) The Designated City Official is authorized to issue a discharge permit to an industrial user
affected by Subsection (1), to insure notice of and compliance with the more stringent
discharge limits. If the industrial user already has a discharge permit, the Designated City
Official may amend the permit to apply and enforce the more stringent discharge limits. An
industrial user shall submit to the Designated City Official an expected compliance date and
an installation schedule if the more stringent discharge limits necessitate technological or
mechanical adjustments to discharge facilities or plant processes.
(3) If the Designated City Official chooses not to issue or amend a permit under Subsection (2),
the Designed City Official shall notify the affected industrial user in writing of the more
stringent discharge limits and their effective date. Regardless of whether or not a permit
is issued or amended, an industrial user shall be given a reasonable opportunity to comply
with the more stringent discharge limits.
��..:�
(4) The more stringent discharge limits cease to apply upon termination of the city's wholesale
wastewater contract or reciprocal agreement with the governmental entity, or upon
modification or elimination of the limits by the government entity or the United States
Environmental Protection Agency. The Designated City Official shall take the appropriate
action to notify the affected industrial user of an occurrence under this Subsection (4).
C. Variances in compliance dates. The Designated City Official may grant a variance in compliance
dates to an industry when, in Designated City Official's opinion, such action is necessary to
achieve pretreatment or corrective measures. In no case shall the Designated City Official grant
a variance in compliance dates to an industry affected by national categorical pretreatment
standards beyond the compliance dates established by the United States Environmental
Protection Agency.
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D. Authority to regulate. The Designated City Official may establish regulations, not in conflict with
��> � this Ordinance other laws, to control the disposal and discharge of industrial waste into the
wastewater system and to insure compliance with the city's pretreatment enforcement program
with all applicable pretreatment regulations promulgated by the United States Environmental
Protection Agency. The regulations established shal�, where applicable, be made part of any
discharge permit issued to an industrial user by the Designated City Official.
SECTION 25—71 - RESERVED
SECTION 25—72 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
72.1 In an action brought in federal court only:
Upset Provision
A. For the purposes of this section, "upseY' means an exceptional incident in which there is
unintentional and temporary noncompliance with categorical pretreatment standards because of
factors beyond the reasonable control of the user. An upset does not include noncompliance to
the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for noncompliance with
�� categorical pretreatment standards if the requirements of paragraph (C), below, are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s)of the upset;
(2) The facility was at the time being operated in a prudent and workman-like manner and in
compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the Designated City official within
twenty-four(24)hours of becoming aware of the upset, if this information is provided orally,
a written submission must be provided within five(5)days:
(a) A description of the indirect discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the
noncompliance.
D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall
have the burden of proof.
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E. Users will have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with categorical pretreatment standards.
F. Users shall control production of all discharges to the extent necessary to maintain compliance
with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility
until the facility is restored or an alternative method of treatment is provided. This requirement
applies in the situation where, among other things, the primary source of power of the treatment
facility is reduced, lost, or fails.
72.2 In an action brought in municipal or state court only:
Act of God Provision
A. An event that would otherwise be a violation that is caused solely by an act of God, war, strike,
riot, or other catastrophe is not a violation.
B. In any enforcement proceeding, the user seeking to establish the occurrence of an act of God,
war, strike, riot, or other catastrophe shall have the burden of proof.
C. In the event that A. and B. above has been demonstrated the user shall control production of all
discharges to the extent necessary to maintain compliance with pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility is restored or an alternative
method of treatment is provided.
72.3 Bypass
A. For the purposes of this section:
(1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
(2) "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.
B. 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 (C) and (D) of this
section.
C. (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
Designated City Official, at least ten (10)days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the Designated City Official 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)
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
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reoccurrence of the bypass. The Designated City Official may waive the written report on
a case-by-case basis if the oral report has been received within finrenty-four(24)hours.
� D. (1) Bypass is prohibited, and the Designated City Official may take an enforcement action
against a user for a bypass, uniess
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(b) There were no feasible aiternatives 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
(c) The user submitted notices as required under paragraph (C)of this section.
(2) The Designated City Official may approve an anticipated bypass, after considering its
adverse effects, if the Designated City Official determines that it will meet the three
conditions listed in paragraph (D)(1)of this section.
SECTION 25—73 -WASTEWATER TREATMENT RATES
[RESERVED]
SECTION 25-74- MISCELLANEOUS PROVISIONS
��-� 74.1 Pretreatment Charges and Fees
A. The City of Grapevine has adopted reasonable fees for reimbursement of costs of setting up and
operating The City of Grapevine's Pretreatment Program which includes:
1. Fees for wastewater discharge permit applications including the cost of processing such
applications;
2. Fees for monitoring, inspection, and surveillance procedures including the cost of collection
and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
3. Fees for reviewing and responding to accidental discharge procedures and construction;
4. Fees for filing appeals; and
5. Other fees as the City of Grapevine may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered by this ordinance and are
separate from all other fees, fines, and penalties chargeable by City of Grapevine.
6. Fees for treating abnormal strength wastes
7. Fees incurred from an upset, bypass or unauthorized discharge.
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� B. Surcharge
��-� The city may surcharge industrial users for the treating of abnormal strength wastes. Water or
wastes having 1) a five day biochemical oxygen demand greater than two hundred fifty (250)
parts per million (ppm) by weight or 2) containing more than two hundred fifty (250) parts per
million by weight of total suspended solids shall be subject to the review and approval of the the
Designated City Official. Where the Designated City Official has approved the admission of(1)
or(2)above into the POTW, that discharge may be subject to a surcharge as determined by the
Designated City Official. In no case shall a discharge be accepted that will prevent the POTW
from meeting its limits.
The surcharge will be assessed according to the following formula each month using the most
current pollutant concentration data and the current months'wastewater flow:
Surcharge = Q x [a(BOD -250) + b(TSS-250)][8.34]
1,000
Where:
Q =flow in gallons
8.34 =weight in pounds of one gallon of water
x = normal limits of BOD in domestic wastewater expressed in milligrams per liter
y = normal limits of TSS in domestic wastewater expressed in milligrams per liter
a =0.05168 or latest unit cost of treatment per pound of BOD.
b =0.04512 or latest unit cost of treatment per pound of TSS.
BOD = measured amount of BOD, in mg/I
TSS = measured amount of TSS, in mg/I
F�<� A surcharge is an additional charge by the POTW for the increased cost of handling discharge
of unusual strength and character and shall not serve as a variance to the requirements of this
ordinance. Exercise of this provision shall not be a bar to, or a prerequisite for, taking any other
action against the user.
74.2 Severability
If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining
provisions shall not be effected and shall continue in full force and effect.
SECTION 25—75 - EFFECTIVE DATE
This ordinance shall be in full force and effect immediately following its passage, approval, and
publication, as provided by law.
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