HomeMy WebLinkAboutItem 23 - Chapter 25 Utilities and ServicesORDINANCE NO. 2024-088
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING
SECTION 25-60 THROUGH 25-75 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 CFR § 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
such a system; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act and Chapter
211 of the Local Government Code; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the best
interests of the health, safety, and welfare of the public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 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 25-75 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.
Ordinance No. 2024-088 2
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 1st day of October, 2024.
APPROVED:
_______________________________
William D. Tate
Mayor
ATTEST:
_________________________________
Tara Brooks
City Secretary
APPROVED AS TO FORM:
_________________________________
Matthew C.G. Boyle
City Attorney
Ordinance No. 2024-088 3
Attachment “A”
SUBDIVISION 1 – GENERAL PROVISIONS
Section 25-61 Purpose and Policy
A. This ordinance sets forth uniform requirements for Users of the Publicly 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:
(1) To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will interfere with its operation;
(2) 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;
(3) 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;
(4) To promote reuse and recycling of industrial wastewater and sludge from
the Publicly Owned Treatment Works;
(5) To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the Publicly Owned Treatment Works;
and
(6) 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.
B. This ordinance shall apply to all Users of the Publicly Owned Treatment Works,
which includes Trinity River Authority of Texas 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.
Ordinance No. 2024-088 4
Section 25-62 Administration
Except as otherwise provided herein, the Director of Public Works shall administer,
implement, and enforce the provisions of this ordinance. Any powers granted to or duties
imposed upon the Director of Public Works may be delegated by the Director of Public
Works to other City personnel.
Section 25-63 Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated
meanings:
• BOD - Biochemical Oxygen Demand
• BMP - Best Management Practice
• BMR - Baseline Monitoring Report
• CFR - Code of Federal Regulations
• CIU - Categorical Industrial User
• COD - Chemical Oxygen Demand
• EPA - United States Environmental Protection Agency
• gpd - gallons per day
• IU - Industrial User
• mg/l - milligrams per liter
• NAICS- North American Industrial Classification System
• NPDES- National Pollutant Discharge Elimination System
• NSCIU- Non-Significant Categorical Industrial User
• POTW- Publicly Owned Treatment Works
• RCRA - Resource Conservation and Recovery Act
• SIC - Standard Industrial Classification
Ordinance No. 2024-088 5
• SIU - Significant Industrial User
• SNC - Significant Noncompliance
• TPDES – Texas Pollutant Discharge Elimination System
• TRA - Trinity River Authority of Texas
• TSS - Total Suspended Solids
• TTO - Total Toxic Organics
• U.S.C. - United States Code
Section 25-64 Definitions
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 Executive of the Texas Commission on Environmental
Quality (TCEQ) where the state has been delegated NPDES permit authority and
has an approved pretreatment program.
C. Authorized Representative 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 operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive
measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary
systems are established or actions taken to gather complete and
accurate information for individual wastewater discharge permit
requirements; and where authority to sign documents has been
Ordinance No. 2024-088 6
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.
D. Best Management Practices or BMPs means schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices to
implement the prohibitions listed in Section 25-65 (A) and (B) [40 CFR §§
403.5(a)(1) and 403.5(b)]. BMPs include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge or
waste disposal, or drainage from raw materials storage.
E. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures
for five (5) days at 20° centigrade, usually expressed as a concentration (e.g.,
mg/l).
F. Categorical Industrial User (CIU). An Industrial User subject to a Categorical
Pretreatment Standard or Categorical Standard.
G. Categorical Pretreatment Standard or Categorical Standard. Any regulation
containing pollutant discharge limits promulgated by EPA in accordance with
Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific
category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts
405 - 471.
H. City. The City of Grapevine or the City Council of Grapevine.
I. Composite Sample. 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
Ordinance No. 2024-088 7
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 between the aliquots.
J. Control Authority. Trinity River Authority of Texas as holder of the TPDES permit.
K. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant
during a calendar day. Where Daily Maximum Limits are expressed in units of
mass, the daily discharge is the total mass discharged over the course of the
day. Where Daily Maximum Limits are expressed in terms of a concentration,
the daily discharge is the arithmetic average measurement of the pollutant
concentration derived from all measurements taken that day.
L Director of Public Works. The person designated by the City who is charged with
certain duties and responsibilities by the ordinance, or a duly Authorized
Representative.
M. Environmental Protection Agency or EPA. The U.S. Environmental Protection
Agency or, where appropriate, the Regional Water Management Division,
Director, or other duly authorized official of said agency.
N. Existing Source. Any source of discharge, the construction or operation of which
commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to the source if the standard is
thereafter promulgated in accordance with Section 307 of the Act.
O. Extrajurisdictional User. A User the City has determined requires a permit to
discharge, other than a local government, which is located outside the jurisdiction
of the City, and which discharges or plans to discharge to the POTW.
P. 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.
Q. Indirect Discharge or Discharge. The introduction of pollutants into the POTW
from any nondomestic source regulated under Section 307(b), (c), or (d) of the
Act.
R. Instantaneous Maximum Allowable Discharge 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.
S. Interference. A discharge, which alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the POTW, its treatment
Ordinance No. 2024-088 8
processes or operations, or its sludge processes, use, or disposal; and therefore
is a cause of a violation of the Control Authority’s NPDES or TPDES 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.
T. 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.
U. Monthly Average. The sum of all “daily discharges” measured during a calendar
month divided by the number of “daily discharges” measured during that month.
V. Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, or other body of
surface or ground water.
W. New Source.
(1) Any building, structure, facility, or installation from which there is (or may
be) a discharge of pollutants, the construction of which commenced after
the publication of proposed pretreatment standards under Section 307(c) of
the Act, which will be applicable to the 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.
Ordinance No. 2024-088 9
(2) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a
new building, structure, facility, or installation meeting the criteria of Section
(1)(b) or (c) above but otherwise alters, replaces, or adds to existing process
or production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite
construction program:
1. Any placement, assembly, or installation of facilities or
equipment; or
2. 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.
X. Noncontact Cooling Water. Water used for cooling which does not come into
direct contact with any raw material, intermediate product, waste product, or
finished product.
Y. Normal Wastewater. Wastewater which the average concentration of
suspended solids and five-day BOD does not exceed 250 mg/l each.
Z. North American Industry Classification System (NAICS). A system used by the
Federal Government for collecting and organizing industry-related statistics. The
NAICS codes are updated every five years to stay current with industry
developments.
AA. Pass Through. A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the Control Authority’s NPDES or TPDES permit, including an
increase in the magnitude or duration of a violation.
Ordinance No. 2024-088 10
BB. 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.
CC. pH. A measure of the acidity or alkalinity of a solution, expressed in standard
units.
DD. 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).
EE. 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 the 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.
FF. Pretreatment Requirements. Any substantive or procedural requirement related
to pretreatment imposed on a User, other than a pretreatment standard.
GG. Pretreatment Standards or Standards. Pretreatment standards shall mean
prohibited discharge standards, categorical Pretreatment Standards, and Local
Limits.
HH. Process Wastewater. Water that comes into direct contact with or results from
the production or use of any raw material, intermediate product, finished product,
byproduct, waste product, or wastewater, and/or as defined in a National
Pretreatment Standard.
II. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions
against the discharge of certain substances; these prohibitions appear in Section
25-65 of this ordinance.
JJ. 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 City 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.
KK. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
Ordinance No. 2024-088 11
LL. Sewage. Human excrement and gray water (household showers, dishwashing
operations, etc.).
MM. Shall is mandatory; May is permissive.
NN. Significant Industrial User.
(1) SIUs
(a) A User subject to categorical pretreatment standards; or
(b) A User that:
1. 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);
2. 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
3. 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.
(c) Upon a finding that a User meeting the criteria in Subsection (b) 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 the User should not be
considered a Significant Industrial User.
(2) NSCIUs
(a) The City may determine that an Industrial User subject to categorical
Pretreatment Standards is a Non-Significant Categorical Industrial
User (NSCIU) rather than a Significant Industrial User (SIU) on a
finding of any of the three criteria below:
1. The Industrial User never discharges more than 100 gallons
per day (gpd) of total categorical wastewater (excluding
sanitary, non-contact cooling and boiler blowdown
Ordinance No. 2024-088 12
wastewater, unless specifically included in the Pretreatment
Standard);
2. The Industrial User is required by a categorical Pretreatment
Standard to not discharge categorical wastewater. An
Industrial User that meets this criterion shall continue to be
prohibited from discharging categorical wastewater; or
3. The Industrial User is subject to numeric categorical
Pretreatment Standard(s) and does not discharge categorical
wastewater.
(b) The following conditions must be met for an Industrial User classified
as a NSCIU:
1. The Industrial User, prior to City’s finding, has consistently
complied with all applicable categorical Pretreatment
Standards and Requirements;
2. The Industrial User annually submits the certification
statement required in Section 25-82(B)(3) [see 40 CFR §
403.12(q)], together with any additional information necessary
to support the certification statement; and
3. The Industrial User never discharges any untreated
concentrated wastewater.
OO. Slug Load or Slug Discharge. Any discharge at a flow rate or concentration which
could cause a violation of the prohibited discharge standards in Section 25-65 of
this ordinance. A Slug Discharge is any Discharge of a non-routine, episodic
nature, including but not limited to an accidental spill or a non-customary batch
discharge, which has a reasonable potential to cause Interference or Pass
Through, or in any way violate the POTW’s regulations, Local Limits or permit
conditions.
PP. Standard Industrial Classification (SIC) Code. A classification pursuant to the
Standard Industrial Classification Manual issued by the United States Office of
Management and Budget.
QQ. Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
RR. 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.
Ordinance No. 2024-088 13
SS. Total Toxic Organics or TTO. The sum of the masses or concentration of the
toxic organic compounds listed in 40 CFR § 122 Appendix D, Table 2, excluding
pesticides, found in an Industrial User’s discharge at a concentration greater than
0.01mg/L. For categorical SIU’s, with categorical TTO monitoring requirements,
TTO parameter selection is specific to the federal category.
TT TPDES. Texas Pollutant Discharge Elimination System permit program of the
Texas Commission on Environmental Quality with federal regulatory authority to
act on an approved pretreatment program.
UU. User or Industrial User (IU). A source of indirect discharge.
VV. 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.
WW. Wastewater Treatment Plant or Treatment Plant. The portion of the POTW which
is designed to provide treatment of municipal sewage and industrial waste.
Ordinance No. 2024-088 14
SUBDIVISION 2 - SEWER USE; INDUSTRIAL DISCHARGES
Section 25-65 Prohibited Discharge Standards
A. General Prohibitions. No User shall introduce or cause to be introduced into the
POTW any pollutant or wastewater which causes pass through or
interference. These general prohibitions apply to all Users of the POTW whether
or not they are subject to categorical pretreatment standards or any other
National, State, or local pretreatment standards or requirements.
Storm water and all other unpolluted drainage shall be discharged to sewers that
are specifically designated as storm sewers, or to a natural outlet approved by
the Director of Public Works. No liquid, semi-liquid, ready mixed concrete, mortar,
asphalt material, or chemical waste shall be deposited in any area that will drain
to the storm sewer or natural outlet.
B. Specific 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 a pH less than 5.5 or more than 11.0, or otherwise
causing corrosive structural damage to the POTW or equipment;
(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 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, non-biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference and/or pass through, and in
amounts specified in Section 25-67 of this ordinance.
(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
Director of Public Works and in accordance with Section 25-76 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 or TPDES 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 Director of Public Works;
(13) Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(14) Medical wastes, except as specifically authorized by the Director of Public
Works, that do not cause or contribute to Pass Through and/or Interference;
(15) Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s 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 25-67;
(18) A discharge of water, normal domestic wastewater, or industrial waste
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;
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(20) 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;
(21) Wastewater or industrial waste generated or produced outside the City,
unless approval in writing from the Director of Public Works has been given
to the person discharging the waste; or
(22) Without the approval of the Director of Public Works, 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.
C. Processing and Storage. 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.
Section 25-66 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 in terms of either the
mass or the concentration of a pollutant in wastewater, the Director of Public
Works may impose equivalent concentration or mass limits in accordance with
40 CFR § 403.6(c)(1).
B. When wastewater subject to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard, the Director of Public Works
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 the 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.
Ordinance No. 2024-088 17
Section 25-67 Local Discharge Limits
A. The following pollutant limits are established to protect against Pass Through
and Interference and apply at the point where the wastewater is discharged to
the POTW. No person shall discharge, or cause or permit to be discharged,
wastewater containing in excess of the following instantaneous maximum
allowable discharge limits.
(1) Toxic Pollutants specified in the following table:
Toxic Pollutant Instantaneous Maximum
Allowable
Discharge Limit (mg/L)
Arsenic 0.2
Cadmium 0.1
Chromium 2.1
Copper 1.8
Cyanide 0.4
Lead 1.2
Mercury 0.06
Molybdenum 0.5
Nickel 3.3
Selenium 0.2
Silver 0.8
Zinc 6.1
Oil and Grease 200
pH 5.5-11.0 S.U.
All concentrations for metallic substances are for “total” metal unless indicated
otherwise. The Director of Public Works may impose mass limitations in addition
to, or in place of, the concentration-based limitations above.
Section 25-68 City’s Right of Revision
The City reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW.
Section 25-69 Dilution
Ordinance No. 2024-088 18
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 Director of Public Works 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.
Section 25-70 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 City’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.
Section 25-71 Pretreatment Facilities; Plans
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 25-65 of this ordinance within the time
limitations specified by EPA, the State, or the Director of Public Works, whichever is more
stringent. Any facilities necessary for compliance shall be provided, operated, and
maintained at the User’s expense. Detailed plans describing such facilities and operating
procedures shall be submitted to the Director of Public Works for review, and shall be
acceptable to the Director of Public Works before the facilities are constructed. The
review of such plans and operating procedures shall in no way relieve the User from the
responsibility of modifying such facilities as necessary to produce a discharge acceptable
to the City under the provisions of this ordinance.
Section 25-72 Discharge Flow; Conditions
A. Whenever deemed necessary, the Director of Public Works 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
Ordinance No. 2024-088 19
the POTW and determine the User’s compliance with the requirements of this
ordinance.
B. The Director of Public Works 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.
Section 25-73 Grease, Oil, and Sand Interceptors
Grease, oil, and sand interceptors shall be provided when, in the opinion of the
Director of Public Works, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil, or sand; except that these interceptors
shall not be required for residential Users. All interception units shall be of type and
capacity approved by the Director of Public Works 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 the User’s expense.
Section 25-74 Gas Detection Meters and Other Control Devices
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 Director of Public Works.
Section 25-75 Slug Control Plans
A. The Director of Public Works shall evaluate whether each permitted Significant
Industrial User needs a slug control plan or other action to control Slug
Discharges no later than (1) one year of the SIU determination. The Director of
Public Works may require any User to develop, submit for approval, and
implement such a plan. All the activities associated with Slug Control evaluation
and results are to be kept in the Industrial User file.
B. A slug control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Director of Public Works and
Control Authority of any Slug Discharge, as required by Section 25-97 of
this ordinance; and
Ordinance No. 2024-088 20
(4) Procedures to prevent adverse impact from any 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.
Section 25-76 Hauled Wastewater; Discharge; Permit
A. Septage waste may be introduced into the POTW only at locations designated
by the Director of Public Works and Control Authority, and at such times as are
established by the Director of Public Works and Control Authority. Such waste
shall not violate Sections 25-65 through 25-67 of this ordinance or any other
requirements established by the City. The Director of Public Works and/or
Control Authority may require septic tank waste haulers to obtain wastewater
discharge permits.
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 25-77 Best Management Practices
A. The Director of Public Works may develop Best Management Practices (BMPs),
and require Users to implement such BMPs if necessary to protect the POTW.
Such BMPs would be supplemental and not used as a replacement for
compliance with Local Limits listed in Section 25-67 and Prohibited Discharge
Standards in Section 25-65.
SUBDIVISION 3 - WASTEWATER DISCHARGE PERMIT
Section 25-78 Wastewater Analysis Required Upon Request
When requested by the Director of Public Works, a User must submit information
on the nature and characteristics of its wastewater by the deadline stipulated. The
Director of Public Works is authorized to prepare a form for this purpose and may
periodically require Users to update this information.
Section 25-79 Permit Required
Ordinance No. 2024-088 21
A. No Significant Industrial User (SIU) or Non-Significant Categorical Industrial User
(NSCIU) shall discharge wastewater into the POTW without first obtaining a
wastewater discharge permit from the Director of Public Works, who may
disallow any or all discharges until a wastewater discharge permit is issued,
except that a SIU or a NSCIU that has filed a timely application pursuant to
Section 25-80 of this ordinance may continue to discharge for the time period
specified therein.
B. The Director of Public Works may require other Users to submit a completed
permit application or survey form, including monitoring data, and to obtain
wastewater discharge permits as necessary to carry out the purposes of this
ordinance. To determine the status of a User in relation to this ordinance, Users
may be required to perform sampling as specified by the Director of Public
Works.
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 25-109 through 25-117 and Section
25-116 of this ordinance. Obtaining a wastewater discharge permit does not
relieve a permittee of the obligation to comply with all Federal and State
pretreatment standards or requirements with any other requirements of Federal,
State, and local law.
Section 25-80 Existing Industrial Users; Permit
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, within ninety (90) days after that date, apply
to the Director of Public Works for a wastewater discharge permit in accordance with
Section 25-82 (A) 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 Director of Public
Works. If, in the Director of Public Works’s judgment, the passing of the ordinance does
not significantly affect the Industrial User’s current permit, then the existing permit may
continue through to the expiration date.
Section 25-81 New Industrial Users; Permit
Any User required to obtain a wastewater discharge permit who proposes to begin
or recommence discharging into the POTW must obtain that permit prior to the beginning
or recommencing of the discharge. An application for this wastewater discharge permit,
in accordance with Section 25-82 (A) of this ordinance, must be filed prior to the date
upon which any discharge will begin or recommence.
Ordinance No. 2024-088 22
Section 25-82 Permit Application; Content; Signatories and Certification
A. Permit application. All Users required to obtain a wastewater discharge permit
must submit a permit application.
(1) The Director of Public Works may require all Users to submit as part of an
application the following information:
(a) All information required by Section 25-92 (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 Director
of Public Works to evaluate the wastewater discharge permit
application.
(2) Incomplete or inaccurate applications will not be processed and will be
returned to the User for revision.
B. Signatories and certification.
(1) An Authorized Representative of the User must sign all wastewater
discharge permit applications, User reports, and enforcement responses.
Wastewater discharge permit applications and User reports as identified in
40 CFR § 403.12(b), (d), (e), and (h), must contain the following certification
statement: “I certify under penalty of law that this document and all
Ordinance No. 2024-088 23
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.”
(2) If the designation of an Authorized Representative of the User is no longer
accurate because a different individual or position has responsibility for the
overall operation of the facility or overall responsibility for environmental
matters for the company, a new written authorization satisfying the
requirements of this Section must be submitted to the Director of Public
Works prior to or together with any reports to be signed by an Authorized
Representative of the User.
(3) A facility determined to be a Non-Significant Categorical Industrial User
(NSCIU) by the Director of Public Works pursuant to Section 25-64 (NN)(2)
must annually submit the signed certification statement signed in
accordance with the signatory requirements in Section 25-64 (C). This
certification must accompany an alternative report required by the Director
of Public Works:
“Based on my inquiry of the person or persons directly responsible for
managing compliance with the categorical Pretreatment Standards under
40 CFR § ____, I certify, to the best of my knowledge and belief, that during
the period from __________, ________ to ________, ________ [months,
days, year]:
(a) The facility described as ________[facility name] met the definition
of a Non-Significant Categorical Industrial as described in Section
25-64 (NN)(2); [Note: See 40 CFR § 403.3(v)(2)]
(b) The facility complied with all applicable Pretreatment Standards and
requirements during this reporting period; and the facility never
discharged more than 100 gallons of total categorical wastewater on
any given day during this reporting period.
(c) This compliance certification is based on the following information.
”
Ordinance No. 2024-088 24
Section 25-83 Evaluation and Decision
The Director of Public Works will evaluate the data furnished by the User and may
require additional information. Within a reasonable time from receipt of a complete
wastewater discharge permit application, the Director of Public Works will determine
whether to issue a wastewater discharge permit. The Director of Public Works may deny
any application for a wastewater discharge permit.
Section 25-84 Permit Duration
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 Director of
Public Works. Each wastewater discharge permit will indicate a specific date upon which
it will expire.
Section 25-85 Permit Content; Conditions
A. A wastewater discharge permit shall include such conditions as are deemed
reasonably necessary by the Director of Public Works to prevent pass through
or interference, protect the quality of the water body receiving the treatment
plant’s effluent, protect worker health and safety, facilitate sludge management
and disposal, and protect against damage to the POTW.
B 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 non-transferable
without prior notification to the City in accordance with Section 25-87 of this
ordinance, and provisions for furnishing the new owner or operator with a
copy of the existing wastewater discharge permit;
(3) Effluent limits including Best Management Practices based on applicable
pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification, and record-keeping
requirements including those for BMPs. 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;
Ordinance No. 2024-088 25
(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; and
(6) Requirements to control Slug Discharge, if determined by the Director of
Public Works to be necessary.
C. 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 nonroutine 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;
(8) Requirements to implement BMPs, if determined by the Director of Public
Works to be necessary; and
(9) Other conditions as deemed appropriate by the Director of Public Works to
ensure compliance with this ordinance, and State and Federal laws, rules,
and regulations.
Ordinance No. 2024-088 26
Section 25-86 Permit Modification
The Director of Public Works 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;
B. To address significant alterations or additions to the User’s operation, processes,
or wastewater volume or character since the time of the wastewater discharge
permit issuance;
C. A change in the POTW that requires either a temporary or permanent reduction
or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the 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.
Section 25-87 Permit Transfer; Notice and Approval
A. Wastewater discharge permits may be transferred to a new owner or operator
only if the permittee gives a minimum of sixty (60) days advance notice to the
Director of Public Works and the Director of Public Works approves the
wastewater discharge permit transfer. The notice to the Director of Public Works
must include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to
change the facility’s operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
Ordinance No. 2024-088 27
(3) Acknowledges full responsibility for complying with the existing wastewater
discharge permit.
B. Failure to provide advance notice of a transfer renders the wastewater discharge
permit void as of the date of facility transfer.
Section 25-88 Permit Revocation
A. The Director of Public Works may revoke a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
(1) Failure to notify the Director of Public Works of significant changes to the
wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Director of Public Works of
changed conditions pursuant to Section 25-96 of this ordinance;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Director of Public Works timely access to the facility
premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12) Failure to provide advance notice of the transfer of business ownership of
a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this ordinance.
Ordinance No. 2024-088 28
B. 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.
Section 25-89 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 25-82 (A) of this ordinance, a minimum of sixty (60) days prior to the
expiration of the User’s existing wastewater discharge permit.
Section 25-90 Regulation of Waste Received from Other Jurisdictions
A. A municipality which contributes wastewater to the POTW, shall enter into an
interlocal agreement with the City prior to contributing such wastewater.
B. Prior to the City entering into an interlocal agreement as provided in subsection
A, the City may request the following information from the contributing
municipality:
(1) A description of the quality and volume of wastewater discharged to the
POTW by the contributing municipality;
(2) An inventory of all Users located within the contributing municipality that are
discharging to the POTW; and
(3) Such other information as the City may deem necessary.
Section 25-91 Extrajurisdictional Users
A. An Extrajurisdictional User shall apply for a permit in accordance with this
ordinance at least ninety (90) days prior to discharging to the POTW.
B. This section does not apply to extrajurisdictional users in jurisdictions which have
an agreement with the City pursuant to Section 25-90.
C. A wastewater discharge permit issued to an extrajurisdictional user shall be in
the form of a contract, and must include, at a minimum, the components found
in 40 CFR § 403.8(f)(1)(iii) and shall require the approval of the City’s council.
An extrajurisdictional user shall agree to all the terms of this ordinance and the
terms of its wastewater discharging contract in accordance with the procedures
set forth in Section 25-101 of this ordinance prior to discharging into the POTW.
Ordinance No. 2024-088 29
SUBDIVISION 4 - COMPLIANCE MONITORING; REPORTING REQUIREMENTS
Section 25-92 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a
category determination under 40 CFR § 403.6(a)(4), whichever is later, existing
Categorical Industrial Users currently discharging to or scheduled to discharge
to the POTW shall submit to the Director of Public Works 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 Industrial Users subsequent to the promulgation of an applicable
categorical standard, shall submit to the Director of Public Works 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 and/or North American
Industry Classifications (NAICS) of the operation(s) carried out by the
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 (and any new categorically regulated processes for Existing
Sources.)
(b) The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by
Ordinance No. 2024-088 30
the Director of Public Works, of regulated pollutants in the discharge
from each regulated process.
(c) Instantaneous, daily maximum, and long-term average
concentrations, or mass, where required, shall be reported.
(d) The sample shall be representative of daily operations and shall be
analyzed in accordance with procedures set out in Section 25-101 of
this ordinance. Where the Standard requires compliance with a BMP
or pollution prevention alternative, the User shall submit
documentation as required by the Director of Public Works or the
applicable Standards to determine compliance with the Standard.
(e) If discharge flow conditions are representative of daily operations,
the User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
section. The Director of Public Works may require additional
representative sampling to be conducted.
(f) Representative samples should be taken immediately downstream
from pretreatment facilities if such exist or immediately downstream
from the regulated process if no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to
pretreatment the User should measure the flows and concentrations
necessary to allow use of the combined wastestream formula in 40
CFR § 304.6(e) to evaluate compliance with Pretreatment
Standards.
(g) The Director of Public Works may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial
pretreatment measures.
(h) The baseline report shall indicate the time, date and place of
sampling and method of analysis, and shall certify that such sampling
and analysis is representative of normal work cycle and expected
pollutant discharges to the POTW.
(i) Sampling must be performed in accordance with procedures set out
in Section 25-102 of this ordinance.
(6) Certification. A statement, reviewed by the User’s Authorized
Representative of the User 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)
Ordinance No. 2024-088 31
and/or additional pretreatment are required to meet the pretreatment
standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule by
which the User will provide the additional pretreatment and/or O&M. The
completion date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the requirements set out in
Section 25-93 of this ordinance.
(8) Signature and Certification. All baseline monitoring reports must be signed
and certified in accordance with Section 25-82 B. (1) of this ordinance.
Section 25-93 Compliance Schedule; Progress Reports
The following conditions shall apply to the compliance schedule required by
Section 25-92 (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 Director of Public Works no later
than fourteen (14) days following each date in the schedule and the final date of
compliance including, at a minimum, whether 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 the submission of
progress reports to the Director of Public Works.
Section 25-94 Categorical Pretreatment Standards; Compliance Reports
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
those pretreatment standards and requirements shall submit to the Director of Public
Ordinance No. 2024-088 32
Works a report containing the information described in Section 25-92 (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. In cases where the
Categorical Pretreatment Standard requires compliance with a BMP or pollution
prevention alternative, the User shall submit documentation as required by the applicable
Categorical Pretreatment Standard necessary to determine the compliance status of the
User. 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 25-82 (B)(1) of this ordinance. All sampling will be done in conformance with
Section 25-102 of the ordinance.
Section 25-95 Periodic Compliance Reports
A. All Significant Industrial Users shall, at a frequency determined by the Director of
Public Works but 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. In cases where the Categorical Pretreatment
Standard or the Director of Public Works requires compliance with a BMP or
pollution prevention alternative, the User shall submit documentation as required
by the Director of Public Works or the applicable Categorical Pretreatment
Standard necessary to determine the compliance status of the User. All periodic
compliance reports must be signed and certified in accordance with Section 25-
82 (B)(1) of this ordinance.
B. All Non-Significant Categorical Industrial Users (NSCIUs) shall submit a report
annually in the month specified by the Director of Public Works. The report shall
be completed according to the City’s current reporting requirements, including
the submittal of the applicable certification statement found in Section 25-82
(B)(3) of this ordinance.
C. 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.
D. If a User subject to the reporting requirement in this section monitors any
pollutant more frequently than required by the Director of Public Works, using the
procedures prescribed in Section 25-102 of this ordinance, the results of this
monitoring shall be included in the report.
Ordinance No. 2024-088 33
Section 25-96 Changed Conditions; Notices
A. Each User must notify the Director of Public Works and the Control Authority of
any planned significant changes to the User’s operations or system which might
alter the nature, quality, or volume of its wastewater a minimum of thirty (30) days
prior to the change.
B. The Director of Public Works 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 25-82
(A) of this ordinance.
C. The Director of Public Works may issue a wastewater discharge permit under
Section 25-83 of this ordinance or modify an existing wastewater discharge
permit under Section 25-86 of this ordinance in response to changed conditions
or anticipated changed conditions.
D. For purposes of this requirement, significant changes include, but are not limited
to, flow increases of 20% or greater, and the discharge of any previously
unreported pollutants that are determined to be of concern.
Section 25-97 Accidental Discharge or Potential Problems; Report; Liability
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 that discharge, the User shall, unless waived by the
Director of Public Works, 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 this notification relieve the User of any fines, penalties, or other liability
which may be imposed pursuant to this ordinance.
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 advised of the emergency
notification procedure.
Ordinance No. 2024-088 34
D. Significant Industrial Users are required to notify the Director of Public Works
immediately of any changes at their facilities affecting the potential for a Slug
Discharge.
Section 25-98 Users Without Permit; Required Reports
All Users not required to obtain a wastewater discharge permit shall provide
appropriate reports to the Director of Public Works as the Director of Public Works may
require.
Section 25-99 Notice of Violation; Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must notify the
Director of Public Works within twenty-four (24) hours of becoming aware of the violation.
The User shall also repeat the sampling and analysis and submit the results of the repeat
analysis to the Director of Public Works within thirty (30) days after becoming aware of
the violation. The User is not required to resample if the Director of Public Works monitors
at the User’s facility at least once a month, or if the Director of Public Works samples
between the User’s initial sampling and when the User receives the results of this
sampling or if the Director of Public Works has performed the sampling and analysis in
lieu of the User.
Section 25-100 Hazardous Waste Discharge; Notification
A. Any User who commences the discharge of hazardous waste shall notify the
POTW, the EPA Regional Waste Management Division, Director of Public
Works, 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 § 261. Such notification must include the name of the
hazardous waste as set forth in 40 CFR § 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 division need be submitted only once for each hazardous waste
discharged. However, notifications of changed conditions must be submitted
under Section 25-96 of this ordinance. The notification requirement in this
Ordinance No. 2024-088 35
section does not apply to pollutants already reported by Users subject to
categorical pretreatment standards under the self-monitoring requirements of
Sections 25-92, 25-94, and 25-95 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 quantities of any hazardous waste do not require
additional notification.
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 Director of Public Works, the
POTW, the EPA Regional Waste Management Waste Division, Director of Public
Works, and State hazardous waste authorities of the discharge of that 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.
Section 25-101 Analytical and Sampling Standards
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 § 136, and amendments thereto, unless otherwise
specified in an applicable categorical pretreatment standard. If 40 CFR § 136 does not
contain sampling or analytical techniques for the pollutant in question, or where the EPA
determines that the Part 136 sampling and analytical techniques are inappropriate for the
pollutant in question sampling and analyses shall be performed by using validated
analytical methods or any applicable sampling and analytical procedures, including
procedures suggested by the Director of Public Works, the EPA, TCEQ, or other parties
approved by EPA.
Ordinance No. 2024-088 36
Section 25-102 Sample Collection Techniques
A. Except as indicated in paragraphs B and C of this section, the User must collect
wastewater samples using 24-hour flow-proportional composite sampling
techniques, unless time-proportional composite sampling or grab sampling is
authorized by the Director of Public Works. Where time-proportional composite
sampling or grab sampling is authorized by the City, the samples must be
representative of the discharge. Using protocols (including appropriate
preservation) specified in 40 CFR § 136 and appropriate EPA guidance, multiple
grab samples collected during a 24-hour period may be composited prior to the
analysis as follows: for cyanide, total phenols, and sulfides the samples may be
composited in the laboratory or in the field; for volatile organics and oil and
grease, the samples may be composited in the laboratory. Composite samples
for other parameters unaffected by the compositing procedures as documented
in approved EPA methodologies may be authorized by the City, as appropriate.
In addition, grab samples may be required to show compliance with
Instantaneous Limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance
reports required in Section 25-92 and 25-94 [40 CFR §§ 403.12(b) and
403.12(d)], a minimum of four (4) grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide and volatile organic compounds for facilities
for which historical sampling data does not exist; for facilities for which historical
sampling data are available, the Director of Public Works may authorize a lower
minimum. For the reports required by Section 25-95 (40 CFR §§ 403.12(e) and
403.12(h)), the Industrial User is required to collect the number of grab samples
necessary to assess and assure compliance with applicable Pretreatment
Standards and Requirements.
Section 25-103 Submission Date
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.
Section 25-104 Records Retention
Users subject to the reporting requirements of this chapter 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
Ordinance No. 2024-088 37
requirements, and documentation associated with Best Management Practices
established in this ordinance. 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 the 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, or where the User has been specifically notified
of a longer retention period by the Director of Public Works.
SUBDIVISION 5 – ADMINISTRATION AND ENFORCEMENT
Section 25-105 Right of Entry: Inspection and Sampling
A. The Director of Public Works and/or the Control Authority, TCEQ, or EPA or their
designated representative(s) 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 the inspecting or sampling person(s) 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.
B. 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, City, Control Authority, TCEQ, or EPA personnel will be permitted
to enter without delay for the purposes of performing specific responsibilities.
C. The Director of Public Works and/or Control Authority 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 metering of the User’s operations. All
sampling and analysis performed by the City and/or Control Authority to
monitor compliance shall be at the expense of the Industrial User.
D. The Director of Public Works 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.
E. Any temporary or permanent obstruction to safe and easy access to the facility
to be inspected and/or sampled shall be promptly removed by the User at the
written or verbal request of the Director of Public Works and shall not be
replaced. The costs of clearing the access shall be borne by the User.
Ordinance No. 2024-088 38
F. Unreasonable delays in allowing an inspecting or sampling person access to the
User’s premises shall be a violation of this ordinance.
G. In accordance with 40 CFR § 403, the City shall inspect and monitor each
Significant Industrial User a minimum of once per year. If the City elects to
perform compliance monitoring for the Significant Industrial User, then the City
will monitor the industry a minimum of semiannually.
H. The City shall inspect each NSCIU a minimum of once per year. If the City elects
to perform compliance monitoring for the NSCIU then the City will monitor the
industry a minimum of one time each permit cycle.
Section 25-106 Search Warrants
If the Director of Public Works and/or Control Authority has been refused or denied
access to a building, structure, or property, or any part thereof, and is able to demonstrate
probable cause to believe that there may be a violation of this ordinance, or that there is
a need to inspect and/or sample as part of a routine inspection and sampling program of
the City designed to verify compliance with this ordinance or any permit or order issued
hereunder, or to protect the overall public health, safety, and welfare of the community,
then the Director of Public Works and/or Control Authority may seek issuance of a search
warrant from an appropriate court or judicial officer.
Section 25-107 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 to demonstrate to the
satisfaction of the City or Control Authority, that the release of that 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 the information should be held confidential, the portions of a report
which might disclose trade secrets or secret processes shall only be available pursuant
to the requirements of the Texas Public Information Act, but shall be made available
immediately upon request to governmental agencies for uses related to the NPDES or
TPDES 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.
Ordinance No. 2024-088 39
Section 25-108 Publication of Users in Significant Noncompliance
A. The Director of Public Works shall publish annually, in a newspaper of general
circulation that provides meaningful public notice within the jurisdictions served
by the POTW, a list of the Users which, at any time during the previous twelve
(12) months, were in Significant Noncompliance with applicable pretreatment
standards and requirements.
B. The term Significant Noncompliance shall be applicable to all Significant
Industrial Users (or any other Industrial User that violates paragraphs (3), (4), or
(8) of this paragraph) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of all the measurements taken for the
same pollutant parameter taken during a six- (6-) month period exceed (by
any magnitude) a numeric Pretreatment Standard or Requirement,
including Instantaneous Limits as defined in Sections 25-65-25-70;
(2) Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of wastewater measurements taken for
each pollutant parameter during a six- (6-) month period equals or exceeds
the product of the numeric Pretreatment Standard or Requirement including
Instantaneous Limits, as defined by Sections 25-65-25-70 multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all
other pollutants except pH);
(3) Any other violation of a Pretreatment Standard or Requirement as defined
by Sections 25-65-25-70 (Daily Maximum, long-term average,
Instantaneous Limit, or narrative standard) that the Director of Public Works
determines has caused, alone or in combination with other discharges,
Interference or Pass Through, including endangering the health of POTW
personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to the
public or to the environment, or has resulted in the Director of Public
Works’s exercise of its emergency authority to halt or prevent such a
discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge permit
or enforcement order for starting construction, completing construction, or
attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with
Ordinance No. 2024-088 40
categorical Pretreatment Standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report non-compliance; or
(8) Any other violation(s), which may include a violation of Best Management
Practices, which the Director of Public Works determines will adversely
affect the operation or implementation of the local pretreatment program.
Section 25-109 Notification of Violation; User Plan of Action
When the Director of Public Works 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 Director of Public
Works may serve upon that User a written Notice of Violation. Within the time frame
specified in this notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions, shall be submitted
by the User to the Director of Public Works. 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 Director of Public Works
to take any action, including emergency actions or any other enforcement action, without
first issuing a Notice of Violation.
Section 25-110 Consent Order
The Director of Public Works may enter into a Consent Order, assurance of
compliance, or a similar document establishing an agreement with any User responsible
for non-compliance. Such documents shall include specific action to be taken by the User
to correct the non-compliance within a time period specified by the document. Such
documents shall have the same force and effect as the administrative orders issued
pursuant to Sections 25-112 and 25-113 of this ordinance and shall be judicially
enforceable. Issuance of a consent order shall not be a bar against, or a prerequisite for,
taking any other action against the User.
Section 25-111 Show Cause Hearing
The Director of Public Works 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
Director of Public Works 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
Ordinance No. 2024-088 41
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.
Section 25-112 Compliance Orders
When the Director of Public Works 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 Director of Public
Works 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 non-
compliance, 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.
Section 25-113 Cease-and-Desist Orders
A. When the Director of Public Works 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 Director of Public Works may issue
an order to the User directing it to cease and desist all such violations and
directing the User to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
B. Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite
for, taking any other action against the User.
Ordinance No. 2024-088 42
Section 25-114 Emergency Suspension of Discharge
A. The Director of Public Works may immediately suspend a User’s discharge, after
informal notice to the User, whenever such suspension is necessary to stop an
actual or threatened discharge which reasonably appears to present or cause an
imminent or substantial endangerment to the health or welfare of persons. The
Director of Public Works may also immediately suspend a User’s discharge, after
notice and opportunity to respond, that threatens to interfere with the operation
of the POTW, or which presents, or may present, an endangerment to the
environment.
(1) Any User notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a User’s failure to immediately
comply voluntarily with the suspension order, the Director of Public Works
may take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW, its
receiving stream, or endangerment to any individuals. The Director of
Public Works may allow the User to recommence its discharge when the
User has demonstrated to the satisfaction of the Director of Public Works
that the period of endangerment has passed, unless the termination
proceedings in Section 25-115 of this ordinance are initiated against the
User.
(2) A User that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful contribution and the measures taken
to prevent any future occurrence, to the Director of Public Works prior to the
date of any show cause or termination hearing under Sections 25-111 or
25-115 of this ordinance.
B. Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
Section 25-115 Termination of Discharge
A. In addition to the provisions in Section 25-88 of this ordinance, any User who
violates the following conditions is subject to discharge termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3) Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
Ordinance No. 2024-088 43
(4) Refusal of reasonable access to the User’s premises for the purpose of
inspection, monitoring, or sampling; or
(5) Violation of the pretreatment standards in Sections 25-65-25-70 of this
ordinance.
B. Such Users will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under Section 25-111 of this ordinance why
the proposed action should not be taken. Exercise of this option by the Director
of Public Works shall not be a bar to, or a prerequisite for, taking any other action
against the User.
Section 25-116 Injunctive Relief
When the Director of Public Works 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 Director of Public
Works may petition a court of competent jurisdiction through the City Attorney for the
issuance of a temporary restraining order and 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 Director of Public Works 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.
Section 25-117 Remedies Not Exclusive
The remedies provided for in this ordinance are not exclusive. The Director of
Public Works may take any, all, or any combination of these actions against a non-
compliant User. Enforcement of pretreatment violations will generally be in accordance
with the City’s enforcement response plan. However, the Director of Public Works may
take other action against any User when the circumstances warrant. Further, the Director
of Public Works is empowered to take more than one enforcement action against any
non-compliant User.
Section 25-118 Applicability of More Stringent Regulations
A. More Stringent Discharge Limits. If national pretreatment standards, categorical
or otherwise, more stringent than the discharge limits prescribed in this article
are promulgated by the United States Environmental Protection Agency for
certain industries, the more stringent national pretreatment standards will apply
Ordinance No. 2024-088 44
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:
(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 Director of Public Works is authorized to issue a discharge permit to an
Industrial User affected by Subsection (1), to ensure notice of and
compliance with the more stringent discharge limits. If the Industrial User
already has a discharge permit, the Director of Public Works may amend
the permit to apply and enforce the more stringent discharge limits. An
Industrial User shall submit to the Director of Public Works 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 Director of Public Works chooses not to issue or amend a permit under
Subsection (2), the Director of Public Works 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 Director of Public Works shall take the appropriate action to
notify the affected Industrial User of an occurrence under this Subsection
(4).
C. Variances in Compliance Dates. The Director of Public Works may grant a
variance in compliance dates to an industry when, in the Director of Public
Works’s opinion, such action is necessary to achieve pretreatment or corrective
measures. In no case shall the Director of Public Works grant a variance in
compliance dates to an industry affected by national categorical pretreatment
Ordinance No. 2024-088 45
standards beyond the compliance dates established by the United States
Environmental Protection Agency.
D. Authority to Regulate. The Director of Public Works may establish regulations,
not in conflict with this ordinance or other laws, to control the disposal and
discharge of industrial waste into the wastewater system and to ensure
compliance with the City’s pretreatment enforcement program with all applicable
pretreatment regulations promulgated by the United States Environmental
Protection Agency. The regulations established shall, where applicable, be
made part of any discharge permit issued to an Industrial User by the Director of
Public Works.
Section 25-119 Affirmative Defenses to Discharge Violations
A. Act of God provision
(1) 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.
(2) In an 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.
(3) In the event that an act of God, war, strike, riot, or other catastrophe has
been established, the User shall control production of all discharges to the
extent possible until such time as the reduction, loss, or failure of its
treatment facility is restored or an alternative method of treatment is
provided.
B. Bypass
(1) For the purpose of this section:
(a) “Bypass” means the intentional diversion of wastestreams from any
portion of a User’s treatment facility.
(b) “Severe property damage” means substantial physical damage to
property, damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which
can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
(2) A User may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for essential
Ordinance No. 2024-088 46
maintenance to assure efficient operation. These bypasses are not subject
to the provision of subsections (3) and (4) of this paragraph.
(3) Bypass Notifications
(a) If a User knows in advance of the need for a bypass, it shall submit
prior notice to the Director of Public Works at least ten (10) days
before the date of the bypass, if possible.
(b) A User shall submit oral notice to the Director of Public Works 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 recurrence of the
bypass. The Director of Public Works may waive the written report
on a case-by-case basis if the oral report has been received within
twenty-four (24) hours.
(4) Bypass
(a) Bypass is prohibited, and the Director of Public Works may take an
enforcement action against a User for a bypass, unless:
1. The bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate back-up
equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or
preventive maintenance; and
3. The User submitted notices as required under subsection (3)
of this paragraph.
(b) The Director of Public Works may approve an anticipated bypass,
after considering its adverse effects, if the Director of Public Works
Ordinance No. 2024-088 47
determines that it will meet the three conditions listed in subsection
(4)(a) of this paragraph.
Section 25-120 Pretreatment Charges and Fees; Surcharges
A. The City may adopt reasonable fees for reimbursement of costs of setting up and
operating the City’s pretreatment program, which may include:
(1) Fees for wastewater discharge permit applications including the cost of
processing the 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;
(5) Recovery of administrative and legal costs associated with enforcement
activity taken by the Director of Public Works to address Industrial User
noncompliance
(6) Other fees as the City 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 the City;
(7) Fees for treating abnormal strength wastes; and
(8) Fees incurred from an upset, bypass, or unauthorized discharge.
B. Surcharge
The City may surcharge Industrial Users for the treatment 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 Director
of Public Works. Where the Director of Public Works has approved the
admission of (1) and/or (2) above into the POTW, that discharge may be subject
to a surcharge as determined by the Director of Public Works. In no case shall
a discharge be accepted that will prevent the POTW from meeting its NPDES or
TPDES limits.
Ordinance No. 2024-088 48
(1) The surcharge will be assessed according to the following formula each
month using the most current pollutant concentration data and the current
month’s wastewater flow:
Surcharge = Q x [a(BOD – x) + b(TSS – y)][8.34]
1,000,000
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 = unit cost of treatment per pound of BOD
b = unit cost of treatment per pound of TSS
(2) 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.
Section 25-121 Severability
If any provision of this ordinance is invalidated, by any court of competent
jurisdiction, the remaining provisions shall not be affected and shall continue in full force
and effect.
Section 25-122 Penalty
A. Civil Penalties
(1) 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
for a maximum civil penalty of One Thousand Dollars ($1,000) per violation,
per day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of the violation.
(2) The Director of Public Works may recover reasonable attorneys’ fees, court
costs, and other expenses associated with enforcement activities, including
Ordinance No. 2024-088 49
sampling and monitoring expenses, and the cost of any actual damages
incurred by the City.
(3) In determining the amount of civil liability, the Court shall take into account
all relevant circumstances, including, but not limited to, the extent of harm
caused by the violation, the magnitude and duration of the violation, any
economic benefit gained through the User’s violation, corrective actions by
the User, the compliance history of the User, and any other factor as justice
requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a User.
B. Criminal Prosecution
(1) A User who violates intentionally, knowingly, recklessly, or negligently 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) per violation, per day.
(2) A User who intentionally, knowingly, recklessly, or negligently introduces
any substance into the POTW which causes personal injury or property
damage shall, upon conviction, be guilty of a misdemeanor and be subject
to the same penalties described in Section 25-116 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.
(3) 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 knowingly renders inaccurate any monitoring device or method required
under this chapter shall, upon conviction, be subject to the same penalties
described in division Section 25-116 of this ordinance.
(4) CRIMINAL RESPONSIBILITY. A person is criminally responsible for a
violation of this ordinance if that person intentionally, knowingly, recklessly,
or negligently:
(a) Commits or assists in the commission of a violation, or causes or
permits another person to commit a violation, of this ordinance; or
(b) Owns or manages the property or facilities determined to be the
cause of the illegal discharge under Sections-25-65, 25-66, 25-67,
25-76, or 25-79.
Ordinance No. 2024-088 50
SUBDIVISION 6 – REPEAL OF ORDINANCE NO. 2003-10
Ordinance No. 2003-10 is hereby repealed, except that such repeal shall not affect,
limit or excuse the violation or enforcement of a violation of Ordinance No. 2003-10 arising
prior to the effective date hereof.
SUBDIVISION 7 – EFFECTIVE DATE
These rules shall be in full force and effective ten (10) days after the date of final approval
from the State.