HomeMy WebLinkAbout2409 10-08-2024ORDINANCE NO. 2409
AN ORDINANCE OF THE CITY OF EULESS, TEXAS, REPLACING
ARTICLE III, "WASTEWATER COLLECTION AND TREATMENT," OF
CHAPTER 86, "UTILITIES," OF THE CODE OF ORDINANCES, CITY OF
EULESS, TEXAS, IN ITS ENTIRETY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas (the "City"), is a home rule city acting under
its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City has previously adopted regulations regarding the issuance of
wastewater discharge permits and the monitoring, compliance, and enforcement of
regulations related to the City's Publicly Owned Treatment Works; and
WHEREAS, the City has updated its Enforcement Response Plan ("ERP") and the
regulations in this Ordinance and submitted them to the Trinity River Authority ("TRA") to
address state required updates for industrial users pretreatment requirements for
wastewater systems; and
WHEREAS, TRA submitted the ERP and the provisions in this Ordinance to the
Texas Commission on Environmental Quality ("TCEQ") for review; and
WHEREAS, in February 2024, TCEQ found the ERP and the provisions in this
Ordinance to be technically complete; and
WHEREAS, the City Council has determined that the amendments in this
Ordinance promote the health, safety, and general welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
Article III, "Wastewater Collection and Treatment," of Chapter 86, "Utilities," of the
Code of Ordinances, City of Euless, Texas, is hereby replaced in its entirety to read as
follows:
Ordinance No. 2409, Page 1 of 47
ARTICLE III.
INDUSTRIAL WASTEWATER
Division 1
General Provisions
§ 86-96 Purpose and policy.
(a) This article sets forth uniform requirements for Users of the Publicly Owned
Treatment Works for the City of Euless, Texas, ("City") and enables the City to
comply with all applicable federal and state laws, including the Clean Water Act
(33 U.S.C. §§ 1251 et seq.) and the General Pretreatment Regulations (40 CFR §
403). The objectives of this article 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 article shall apply to all Users of the Publicly Owned Treatment Works. The
article 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. 2409, Page 2 of 47
§ 86-97 Administration.
Except as otherwise provided herein, the City Manager shall administer, implement, and
enforce the provisions of this article. Any powers granted to or duties imposed upon the
City Manager may be delegated by the City Manager to other City personnel.
§ 86-98 Abbreviations.
The following abbreviations, when used in this article, 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/I - 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
SIU - Significant Industrial User
SNC - Significant Noncompliance
TCEQ - Texas Commission on Environmental Quality
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
§ 86-99 Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used
in this article, 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.
Ordinance No. 2409, Page 3 of 47
(b) Approval Authoritv. The Executive Director of the Texas Commission on
Environmental Quality (TCEQ); 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
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 government facility: a director or the
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 Manaaement Practices. or BMPs. Means schedules of activities, prohibitions
of practices, maintenance procedures, and other management practices to
implement the prohibitions listed in Section 86-100 [40 CFR §§ 403.5(a)(1) and
(b)]. BMPs include treatment requirements, operating procedures, and practices
to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw materials storage.
Ordinance No. 2409, Page 4 of 47
(e) Biochemical Oxvaen Demand or BOD. 'The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for
five (5) days at 200 centigrade, usually expressed as a concentration (e.g., mg/1).
(f) Categorical Industrial User (CIU). An Industrial User subject to a Categorical
Pretreatment Standard or Categorical Standard.
(g) Categorical Pretreatment Standard or Cateaorical 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 § 405 -
471.
(h) Cam. The City of Euless, a Texas home -rule municipal corporation.
(i) City Manaqer. The person designated by the City who is charged with certain
duties and responsibilities by this article, or a duly Authorized Representative.
(j) 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
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.
(k) Control Authoritv. Trinity River Authority of Texas as holder of the TPDES permit.
(1) 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.
(m) Environmental Protection Aqencv or EPA. The U.S. Environmental Protection
Agency or, where appropriate, the Regional Water Management Division
Pretreatment Coordinator, or other duly authorized official of said agency.
(n) Existina 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.
Ordinance No. 2409, Page 5 of 47
(o) Extraiurisdictional 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 Discharae 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
processes or operations, or its sludge processes, use, or disposal; and therefore
is a cause of a violation of the Control Authority's 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) May. The meaning of "may" in this Article is as a permissive, or optional,
command.
(u) 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.
(v) Monthly Averaqe. The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during that month.
(w) Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, or other body of
surface or ground water.
(x) 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
Ordinance No. 2409, Page 6 of 47
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.
(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:
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.
Ordinance No. 2409, Page 7 of 47
(y) Noncontact Coolina Water. Water used for cooling which does not come into direct
contact with any raw material, intermediate product, waste product, or finished
product.
(z) Normal Wastewater. Wastewater which the average concentration of suspended
solids and five-day BOD does not exceed 250 mgll each.
(aa) North American Industry Classification Svstem (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.
(bb) Pass Throuah. 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 TPDES permit, including an increase in the magnitude or
duration of a violation.
(cc) Person. Any individual, partnership, co -partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other
legal entity; or their legal representatives, agents, or assigns. This definition
includes all federal, state, and local governmental entities.
(dd) pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
(ee) 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).
(ff) 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.
(gg) Pretreatment Requirements. Any substantive or procedural requirement related
to pretreatment imposed on a User, other than a pretreatment standard.
(hh) Pretreatment Standards or Standards. Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards, and local
limits.
Ordinance No. 2409, Page 8 of 47
(ii) 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.
(jj) Prohibited Discharge Standards or Prohibited Discharqes. Absolute prohibitions
against the discharge of certain substances; these prohibitions appear in Section
86-100 of this article.
(kk) 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.
(II) Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
(mm) Sewage. Human excrement and gray water (household showers, dishwashing
operations, etc.).
(nn) "Shall". The meaning of "shall" in this Article is as an imperative, or mandatory,
command.
(oo) 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.
Ordinance No. 2409, Page 9 of 47
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:
The Industrial User never discharges more than 100 gallons
per day (gpd) of total categorical wastewater (excluding
sanitary, non -contact cooling and boiler blowdown
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 these criteria 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:
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 86-117 (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.
(pp) Slua Load or Slua Discharae. Any discharge at a flow rate or concentration which
could cause a violation of the prohibited discharge standards in Section 86-100 of
Ordinance No. 2409, Page 10 of 47
this article. A Slug Discharge is any Discharge of a non -routine, episodic nature,
including but not limited to 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.
(qq) Standard Industrial Classification (SIC) Code. A classification pursuant to the
Standard Industrial Classification Manual issued by the United States Office of
Management and Budget.
(rr) State. Means the State of Texas.
(ss) Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
(tt) 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.
(uu) 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
0.01 mg/L. For categorical SIU's, with categorical TTO monitoring requirements,
TTO parameter selection is specific to the federal category.
(vv) TPDES. Texas Pollutant Discharge Elimination System is the State's regulatory
program to control discharges of pollutants to surface waters and is administered
by the TCEQ. The State assumed the federal National Pollutant Discharge
Elimination System program in Texas from the Environmental Protection Agency
on September 14, 1998.
(ww) User or Industrial User (IU). A source of indirect discharge.
(xx) 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.
(yy) Wastewater Treatment Plant or Treatment Plant. The portion of the POTW which
is designed to provide treatment of municipal sewage and industrial waste.
Division 2
Sewer Use; Industrial Discharges
§ 86-100 Prohibited discharge standards.
(a) General Prohibitions.
Ordinance No. 2409, Page 11 of 47
(1) 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.
(2) 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 City Manager. 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
140OF (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 150OF (650C), 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 1040F (400C);
(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 86-102 of this article.
(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;
(8) Trucked or hauled pollutants, except at discharge points designated by the
City Manager and in accordance with Section 86-111 of this article;
Ordinance No. 2409, Page 12 of 47
(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 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 City Manager;
(13) Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(14) Medical wastes, except as specifically authorized by the City Manager, 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 86-102;
(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;
(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;
Ordinance No. 2409, Page 13 of 47
(21) Wastewater or industrial waste generated or produced outside the City,
unless approval in writing from the City Manager has been given to the
person discharging the waste; or
(22) Without the approval of the City Manager, 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) Processina and Storaae. 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.
§ 86-101 National categorical pretreatment standards.
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N § 405-
471 are hereby incorporated.
(1) Where a categorical pretreatment standard is expressed in terms of either
the mass or the concentration of a pollutant in wastewater, the City Manager
may impose equivalent concentration or mass limits in accordance with 40
CFR § 403.6(c)(1).
(2) When wastewater subject to a categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, the City Manager shall
impose an alternate limit using the combined wastestream formula in 40
CFR § 403.6(e).
(3) 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.
(4) A User may obtain a net gross adjustment to a categorical standard in
accordance with 40 CFR § 403.15.
§ 86-102 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.
Ordinance No. 2409, Page 14 of 47
(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 Standard Units
All concentrations for metallic substances are for "total" metal unless indicated otherwise.
The City Manager may impose mass limitations in addition to, or in place of, the
concentration -based limitations above.
§ 86-103 City's right of revision.
The City reserves the right to establish, by article or in wastewater discharge permits,
more stringent standards or requirements on discharges to the POTW.
§ 86-104 Dilution.
No User shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The City Manager 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.
§ 86-105 Plant loading.
(a) 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
Ordinance No. 2409, Page 15 of 47
points of entry to the System, shall not exceed 25% of the total BOD or TSS loading
to the System.)
(b) 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.
§ 86-106 Pretreatment facilities; plans.
Users shall provide wastewater treatment as necessary to comply with this article and
shall achieve compliance with all categorical pretreatment standards, local limits, and the
prohibitions set out in Section 86-100 of this article within the time limitations specified by
EPA, the State, or the City Manager 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 City Manager for review, and shall be acceptable to the City Manager 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 article.
§ 86-107 Discharge flow; conditions.
(a) Whenever deemed necessary, the City Manager may require Users to restrict their
discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, and
require such other conditions as may be necessary to protect the POTW and
determine the User's compliance with the requirements of this article.
(b) The City Manager 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.
§ 86-108 Grease, oil, and sand interceptors.
Grease, oil, and sand interceptors shall be provided when, in the opinion of the City
Manager 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
City Manager 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.
Ordinance No. 2409, Page 16 of 47
§ 86-109 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 Pretreatment Coordinator.
§ 86-110 Slug control plans.
(a) The City Manager 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 City Manager 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 City Manager and Control
Authority of any slug discharge, as required by Section 86-132 of this article;
and
(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.
§ 86-111 Hauled wastewater; discharge; permit.
(a) Septage waste may be introduced into the POTW only at locations designated by
the City Manager and Control Authority, and at such times as are established by
the City Manager and Control Authority. Such waste shall not violate Section 86-
100 through 86-102 of this article or any other requirements established by the
City. The City Manager 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,
Ordinance No. 2409, Page 17 of 47
known or suspected waste constituents, and whether any wastes are RCRA
hazardous wastes.
§ 86-112 Best management practices.
The City Manager may develop Best Management Practices 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 86-102 and Prohibited Discharge Standards in Section 86-100.
Division 3
Wastewater Discharge Permit
§ 86-113 Wastewater analysis required upon request.
When requested by the Pretreatment Coordinator, a User must submit information on the
nature and characteristics of its wastewater by the deadline stipulated. The City Manager
is authorized to prepare a form for this purpose and may periodically require Users to
update this information.
§ 86-114 Permit required.
(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 City Manager, 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 86-115 of this article
may continue to discharge for the time period specified therein.
(b) The City Manager 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 article. To
determine the status of a user in relation to this article, users may be required to
perform sampling as specified by the City Manager.
(c) Any violation of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of this article and subjects the wastewater discharge
permittee to the sanctions set out in Division 5 of this article. 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.
§ 86-115 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 article and who wishes to
continue such discharges in the future, shall, within ninety (90) days after that date, apply
Ordinance No. 2409, Page 18 of 47
to the City Manager for a wastewater discharge permit in accordance with Section 86-
117 of this article, and shall not cause or allow discharges to the POTW to continue after
ninety (90) days of the effective date of this article except in accordance with a wastewater
discharge permit issued by the City Manager. If, in the City Manager's judgment, the
passing of the article does not significantly affect the Industrial User's current permit, then
the existing permit may continue through to the expiration date.
§ 86-116 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 86-117 of this article, must be filed prior to the date upon which
any discharge will begin or recommence.
§ 86-117 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 City Manager may require all Users to submit as part of an application
the following information:
a. All information required by 118-278 (B) of this article,
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);
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 City
Manager to evaluate the wastewater discharge permit application.
Ordinance No. 2409, Page 19 of 47
(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 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 City Manager 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 City Manager pursuant to Section 86-99 (oo)(2) must
annually submit the signed certification statement signed in accordance
with the signatory requirements in Section 86-99 (c). This certification must
accompany an alternative report required by the City Manager:
a. "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]:
b. The facility described as [facility name] met the definition
of a Non -Significant Categorical Industrial as described in Section
86-99 (oo)(2); [Note: See 40 CFR § 403.3(v)(2)]
Ordinance No. 2409, Page 20 of 47
C. 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.
d. This compliance certification is based on the following information.
§ 86-118 Evaluation and decision.
The City Manager 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 City Manager will determine whether to issue a wastewater
discharge permit. The City Manager may deny any application for a wastewater
discharge permit.
§ 86-119 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 City Manager. Each
wastewater discharge permit will indicate a specific date upon which it will expire.
§ 86-120 Permit content; conditions.
(a) A wastewater discharge permit shall include such conditions as are deemed
reasonably necessary by the City Manager 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 nontransferable
without prior notification to the City in accordance with Section 86-122 of
this article, 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;
Ordinance No. 2409, Page 21 of 47
(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;
(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 City Manager
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 City Manager to be
necessary; and
Ordinance No, 2409, Page 22 of 47
(9) Other conditions as deemed appropriate by the City Manager to ensure
compliance with this article, and State and Federal laws, rules, and
regulations.
§ 86-121 Permit modification.
The City Manager may modify a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local pretreatment
standards or requirements;
(2) 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;
(3) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the
POTW, POTW personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR § 403.13;
(8) To correct typographical or other errors in the wastewater discharge permit;
or
(9) To reflect a transfer of the facility ownership or operation to a new owner or
operator.
§ 86-122 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 City
Manager and the City Manager approves the wastewater discharge permit
transfer. The notice to the City Manager 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;
Ordinance No. 2409, Page 23 of 47
(2) Identifies the specific date on which the transfer is to occur; and
(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.
§ 86-123 Permit revocation.
(a) The City Manager may revoke a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(1) Failure to notify the City Manager of significant changes to the wastewater
prior to the changed discharge;
(2) Failure to provide prior notification to the City Manager of changed
conditions pursuant to Section 86-131 of this article;
(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 City Manager 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 article.
Ordinance No, 2409, Page 24 of 47
(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.
§ 86-124 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 86-120 of this article, a minimum of sixty (60) days prior to the expiration of the
User's existing wastewater discharge permit.
§ 86-125 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.
§ 86-126 Extrajurisdictional users.
(a) An extrajurisdictional User shall apply for a permit in accordance with this article
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 86-125.
(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 article and the terms of
its wastewater discharging contract in accordance with the procedures set forth in
Section 86-117 and 86-120 of this article prior to discharging into the POTW.
Ordinance No. 2409, Page 25 of 47
Division 4
Compliance Monitoring; Reporting Requirements
§ 86-127 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
Users currently discharging to or scheduled to discharge to the POTW shall submit
to the City Manager a report which contains the information listed in paragraph (b),
below. At least ninety (90) days prior to commencement of their discharge, new
sources, and sources that will become categorical Users subsequent to the
promulgation of an applicable categorical standard, shall submit to the City
Manager 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) Identifvina 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
the City Manager, of regulated pollutants in the discharge from each
regulated process.
Ordinance No. 2409, Page 26 of 47
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 86-136 of
this article. Where the Standard requires compliance with a BMP or
pollution prevention alternative, the User shall submit documentation
as required by the City Manager 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 City Manager may require additional representative
sampling to be conducted.
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 City Manager 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.
Sampling must be performed in accordance with procedures set out
in Section 86-137 of this article.
(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)
and/or additional pretreatment are required to meet the pretreatment
standards and requirements.
Ordinance No. 2409, Page 27 of 47
(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 86-128 of this article.
(8) Signature and Certification. All baseline monitoring reports must be signed
and certified in accordance with Section 86-117 (b)(1) of this article.
§ 86-128 Compliance schedule; progress reports.
The following conditions shall apply to the compliance schedule required by Section 86-
127 (b)(7) of this article-
(1) The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the User to meet the
applicable pretreatment standards (such events include, but are not limited
to, hiring an engineer, completing preliminary and final plans, executing
contracts for major components, commencing and completing construction,
and beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine (9) months;
(3) The User shall submit a progress report to the City Manager 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
(4) In no event shall more than nine (9) months elapse between the submission
of progress reports to the City Manager.
§ 86-129 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 City Manager a report containing the
information described in Section 86-127 (b)(4-6) of this article. 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
Ordinance No. 2409, Page 28 of 47
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 86-117 (b)(1) of this article. All
sampling will be done in conformance with Section 86-137 of the article.
§ 86-130 Periodic compliance reports.
(a) All Significant Industrial Users shall, at a frequency determined by the City
Manager 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 City Manager requires compliance with a BMP or pollution
prevention alternative, the User shall submit documentation as required by the City
Manager 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 86-117 (b)(1) of this article.
(b) All Non -Significant Categorical Industrial Users (NSCIUs) shall submit a report
annually in the month specified by the City Manager. The report shall be
completed according to the City's current reporting requirements, including the
submittal of the applicable certification statement found in Section 86-117 (b)(3) of
this article.
(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 City Manager using the procedures
prescribed in Sections 86-136 and 86-137 of this article, the results of this
monitoring shall be included in the report.
§ 86-131 Changed conditions; notices.
(a) Each User must notify the City Manager 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 City Manager 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 86-117 (a) of this article.
Ordinance No. 2409, Page 29 of 47
(c) The City Manager may issue a wastewater discharge permit or modify an existing
wastewater discharge permit under Division 3 of this article 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.
§ 86-132 Accidental discharge or potential problems; report; liability.
(a) In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a non -routine, episodic nature, a non -customary 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
City Manager, 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 article.
(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.
(d) Significant Industrial Users are required to notify the City Manager immediately of
any changes at their facilities affecting the potential for a Slug Discharge.
§ 86-133 Users without permit; required reports.
All Users not required to obtain a wastewater discharge permit shall provide appropriate
reports to the City Manager as the City Manager may require.
§ 86-134 Notice of violation; repeat sampling and reporting.
If sampling performed by a User indicates a violation, the User must notify the City
Manager 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
City Manager within thirty (30) days after becoming aware of the violation. The User is
Ordinance No. 2409, Page 30 of 47
not required to resample if the City Manager monitors at the User's facility at least once
a month, or if the City Manager samples between the User's initial sampling and when
the User receives the results of this sampling or if the City Manager has performed the
sampling and analysis in lieu of the User.
§ 86-135 Hazardous waste discharge; notification.
(a) Any User who commences the discharge of hazardous waste shall notify the
POTW, the EPA Regional Waste Management Division Pretreatment Coordinator,
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 86-131 of this article. The
notification requirement in this section does not apply to pollutants already reported
by Users subject to categorical pretreatment standards under the self -monitoring
requirements of Sections 86-127, 86-129 and 86-130 of this article.
(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 nonacute hazardous wastes in a calendar month, or of any quantity of acute
hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e), requires a
one-time notification. Subsequent months during which the User discharges more
than such quantities of any hazardous waste do not require additional notification.
(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 City Manager, the POTW, the EPA
Regional Waste Management Waste Division Pretreatment Coordinator, and State
hazardous waste authorities of the discharge of that substance within ninety (90)
days of the effective date of such regulations.
Ordinance No. 2409, Page 31 of 47
(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 article, a permit issued thereunder, or any
applicable Federal or State law.
§ 86-136 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 City Manager, the EPA, TCEQ, or other parties approved
by EPA.
§ 86-137 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 City Manager. 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 Sections 86-127 and 86-129 [40 CFR § 403.12(b) and (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 City Manager may authorize a lower minimum. For the reports
Ordinance No. 2409, Page 32 of 47
required by Section 86-128 (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.
§ 86-138 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.
§ 86-139 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 article and any additional records of information
obtained pursuant to monitoring activities undertaken by the User independent of such
requirements, and documentation associated with Best Management Practices
established in this article. 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 City Manager.
Division 5
Administration and Enforcement
§ 86-140 Right of entry: inspection and sampling.
(a) The City Manager and/or the Control Authority to the extent the Control Authority
does not have the authorization to enter the User's premises under any other
agreements with the City, 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 article 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 City Manager and/or Control Authority to the extent the Control Authority does
not have the authorization to enter the User's premises under any other
Ordinance No. 2409, Page 33 of 47
agreements with the City 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 City Manager 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 City Manager and shall not be replaced. The costs of
clearing the access shall be borne by the User.
(f) Unreasonable delays in allowing an inspecting or sampling person access to the
User's premises shall be a violation of this article.
(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.
§ 86-141 Search warrants.
If the City Manager 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 article, 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 article or any permit or order issued hereunder, or
to protect the overall public health, safety, and welfare of the community, then the City
Manager and/or Control Authority may seek issuance of a search warrant from an
appropriate court or judicial officer.
§ 86-142 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,
Ordinance No. 2409, Page 34 of 47
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.
§ 86-143 Publication of users in significant noncompliance.
(a) The City Manager 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 86-100 through 86-
105;
(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 86-100 through 86-105
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 86-100 through 86-105 (Daily Maximum, long-term average,
Instantaneous Limit, or narrative standard) that the City Manager
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;
Ordinance No. 2409, Page 35 of 47
(4) Any discharge of a pollutant that has caused imminent endangerment to the
public or to the environment, or has resulted in the City Manager 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
categorical Pretreatment Standard deadlines, periodic self -monitoring
reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of Best Management
Practices, which the City Manager determines will adversely affect the
operation or implementation of the local pretreatment program.
§ 86-144 Notification of violation; user plan of action.
When the City Manager finds that a User has violated, or continues to violate, any
provision of this article, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, the City Manager 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 City Manager. 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 City Manager to take any action, including emergency actions or any other
enforcement action, without first issuing a Notice of Violation.
§ 86-145 Consent order.
The City Manager may enter into a Consent Order, assurance of compliance, or a similar
document establishing an agreement with any User responsible for noncompliance. Such
documents shall include specific action to be taken by the User to correct the
noncompliance within a time period specified by the document. Such documents shall
have the same force and effect as the administrative orders issued pursuant to Sections
86-147 and 86-148 of this article 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.
Ordinance No. 2409, Page 36 of 47
§ 86-146 Show cause hearing.
The City Manager may order a User which has violated or continues to violate any
provision of this article, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, to appear before the City Manager and show
cause why the proposed enforcement action should not be taken. Notice shall be served
on the User specifying the time and place for the meeting, the proposed enforcement
action, the reasons for such action, and a request that the User show cause why the
proposed enforcement action should not be taken. The notice of the meeting shall be
served personally or by registered or certified mail (return receipt requested) at least ten
(10) days prior to the hearing. Such notice may be served on any Authorized
Representative of the User. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the User.
§ 86-147 Compliance orders.
When the City Manager finds that a User has violated or continues to violate any provision
of this article, a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the City Manager may issue an order to the User
responsible for the discharge directing that the User come into compliance within a
specified time. If the User does not come into compliance within the time provided, sewer
service may be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. Compliance orders also may
contain other requirements to address the noncompliance, including additional self -
monitoring and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement; nor does a compliance order
relieve the User of liability for any violation, including any continuing violation. Issuance
of a compliance order shall not be a bar against, or a prerequisite for, taking any other
action against the User.
§ 86-148 Cease -and -desist orders.
(a) When the City Manager finds that a User has violated or continues to violate any
provision of this article, 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 City Manager 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. 2409, Page 37 of 47
§ 86-149 Emergency suspension of discharge.
(a) The City Manager 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 City Manager
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 City Manager 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 City Manager
may allow the User to recommence its discharge when the User has
demonstrated to the satisfaction of the City Manager that the period of
endangerment has passed, unless the termination proceedings in Section
86-150 of this article 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 City Manager prior to the date of
any show cause or termination hearing under Sections 86-146 or 86-150 of
this article.
(b) Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
§ 86-150 Termination of discharge.
(a) In addition to the provisions in Section 86-123 of this article, 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;
(4) Refusal of reasonable access to the User's premises for the purpose of
inspection, monitoring, or sampling; or
Ordinance No. 2409, Page 38 of 47
(5) Violation of the pretreatment standards in Sections 86-100 through 86-105
of this article.
(b) Such Users will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under Section 86-146 of this article why the
proposed action should not be taken. Exercise of this option by the City Manager
shall not be a bar to, or a prerequisite for, taking any other action against the User.
§ 86-151 Injunctive relief.
When the City Manager finds that a User has violated or continues to violate any provision
of this article, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the City Manager 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 article on activities of the User. The City Manager 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.
§ 86-152 Remedies not exclusive.
The remedies provided for in this article are not exclusive. The City Manager may take
any, all, or any combination of these actions against a noncompliant User. Enforcement
of pretreatment violations will generally be in accordance with the City's enforcement
response plan. However, the City Manager may take other action against any User when
the circumstances warrant. Further, the City Manager is empowered to take more than
one enforcement action against any noncompliant User.
§ 86-153 Applicability of more stringent regulations.
(a) More Strinaent 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 to the
affected Industrial User. A violation of the more stringent national pretreatment
standards will also be considered a violation of this article.
(b) Applicability of More Strinaent Discharae 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:
Ordinance No. 2409, Page 39 of 47
(1) If the governmental entity has more stringent discharge limits than those
prescribed by this article, 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 City Manager 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 City Manager may amend the permit to apply and
enforce the more stringent discharge limits. An Industrial User shall submit
to the City Manager 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 City Manager chooses not to issue or amend a permit under
Subsection (2), the City Manager 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 City Manager shall take the appropriate action to notify the affected
Industrial User of an occurrence under this Subsection (4).
(c) Variances in Compliance Dates. The City Manager may grant a variance in
compliance dates to an industry when, in the City Manager's opinion, such action
is necessary to achieve pretreatment or corrective measures. In no case shall the
City Manager grant a variance in compliance dates to an industry affected by
national categorical pretreatment standards beyond the compliance dates
established by the United States Environmental Protection Agency.
(d) Authority to Regulate. The City Manager may establish regulations, not in conflict
with this article 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 City Manager.
Ordinance No. 2409, Page 40 of 47
§ 86-154 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) Bvpass.
(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
maintenance to assure efficient operation. These bypasses are not subject
to the provision of subsections (3) and (4) of this paragraph.
(3) Bvpass Notifications.
a. If a User knows in advance of the need for a bypass, it shall submit
prior notice to the City Manager at least ten (10) days before the date
of the bypass, if possible.
b. A User shall submit oral notice to the City Manager 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
Ordinance No. 2409, Page 41 of 47
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 City Manager 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 City Manager may take an enforcement
action against a User for a bypass, unless:
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 City Manager may approve an anticipated bypass, after
considering its adverse effects, if the City Manager determines that
it will meet the three conditions listed in subsection (4)a. of this
paragraph.
§ 86-155 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;
Ordinance No. 2409, Page 42 of 47
(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 City Manager 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
article 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 City Manager.
Where the City Manager 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
City Manager. In no case shall a discharge be accepted that will prevent the
POTW from meeting its NPDES or TPDES limits.
(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 = 0 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
Ordinance No. 2409, Page 43 of 47
(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 article. Exercise of this provision
shall not be a bar to, or a prerequisite for, taking any other action against
the User.
§ 86-156 Severability.
If any provision of this article is invalidated, by any court of competent jurisdiction, the
remaining provisions shall not be affected and shall continue in full force and effect.
§ 86-157 Penalty.
(a) Civil Penalties.
(1) A User who has violated, or continues to violate, any provision of this article,
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 City Manager may recover reasonable attorneys' fees, court costs, and
other expenses associated with enforcement activities, including sampling
and monitoring expenses, and the cost of any actual damages incurred by
the City.
(3) In determining the amount of civil liability, the Court shall take into account
all relevant circumstances, including, but not limited to, the extent of harm
caused by the violation, the magnitude and duration of the violation, any
economic benefit gained through the User's violation, corrective actions by
the User, the compliance history of the User, and any other factor as justice
requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a User.
(b) Criminal Prosecution.
(1) A User who violates intentionally, knowingly, recklessly, or negligently any
provision of this article, 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
Ordinance No. 2409, Page 44 of 47
damage shall, upon conviction, be guilty of a misdemeanor and be subject
to the same penalties described in Section 86-157 of this article. 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 article, 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 Section 86-157 of this article.
(4) CRIMINAL RESPONSIBILITY. A person is criminally responsible for a
violation of this article 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 article; or
b. Owns or manages the property or facilities determined to be the
cause of the illegal discharge under Sections 86-104 through 86-106,
86-116, and 86-118.
Division 6
Repeal of Ordinance No. 1574
Ordinance No. 1574, adopted February 11, 2003, is hereby repealed, except that such
repeal shall not affect, limit or excuse the violation or enforcement of a violation of Article
I II of Chapter 86 of the City Code arising prior to the effective date hereof.
Division 7
Effective Date
These rules shall be in full force and effective ten (10) days after the date of final approval
from the State."
SECTION 2.
CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of
the Code of Ordinances, City of Euless, Texas, and other ordinances of the City of Euless,
Texas, except where the provisions of this Ordinance are in direct conflict with the
provisions of other ordinances, in which event the conflicting provisions of the other
ordinances are hereby repealed.
Ordinance No. 2409, Page 45 of 47
SECTION 3.
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance
are severable, and if a phrase, clause, sentence, paragraph, or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality shall not affect the remaining phrases, clauses,
sentences, paragraphs, and sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of the
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 4.
PENALTY FOR VIOLATION. Any person, firm or corporation who violates any
provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine as provided in Section 1-12 in the Code of Ordinances,
City of Euless, Texas. Each day any such violation or violations exist shall constitute a
separate offense and shall be punishable as such.
SECTION 6.
SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly
saved as to any and all violations of the provisions of the Code of Ordinances, City of
Euless, Texas, that have accrued at the time of the effective date of this Ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby
directed to publish the caption and penalty clause of this Ordinance in the official
newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of
the City of Euless.
SECTION 7.
EFFECTIVE DATE. This Ordinance shall be in full force and effect as provided in
Section 1 above.
Ordinance No. 2409, Page 46 of 47
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of
the Euless City Council on October 8, 2024, by a vote of 6 ayes, 0 nays, and 0
abstentions.
w ,f
Linda Martin, Mayor
Ali TEs'r"
i S'e�clret;ey/(,hief
ter, MC, CIVIC
C' y Governance Officer
APPPROVED AS TO FORM:
Wayne K. Olson, City Attorney
Ordinance No. 2409, Page 47 of 47
McClatchy
Account #
10663
Order Number
601070
Attention: Finance F
CITY OF EULESS
201 N ECTOR DR
EULESS, TX 760393543
finance@eulesstx.gov
The Beaufort Gazette
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Ledger -Enquirer
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Miami Herald
El Nuevo Herald
AFFIDAVIT OF PUBLICATION
Identification
Print Legal Ad-IPL01986910 - IPL0198691
CITY OF EULESS
ORDINANCE NO. 2409
AN ORDINANCE OF THE CITY OF EU-
LESS, TEXAS, REPLACING ARTICLE
III, 'WASTEWATER COLLECTION AND
TREATMENT," OF CHAPTER 86, "UTIL-
ITIES," OF THE CODE OF ORDINANC-
ES, CITY OF EULESS, TEXAS, IN ITS
ENTIRETY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING
A PENALTY FOR VIOLATIONS; PRO-
VIDING A SAVINGS CLAUSE; PROVID-
ING FOR PUBLICATION IN THE OFFI-
CIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
PENALTY FOR VIOLATION. Any per-
son, firm, or corporation violating any
of the terms and provisions of this
ordinance shall be deemed guilty of
a misdemeanor, and upon conviction
thereof shall be fined in accordance
with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Eu-
less Code of Ordinances. Each such
violation shall be deemed a separate
offense and shall be punishable as
such hereunder.
EFFECTIVE DATE. This ordinance shall
be in full force and effect from and
after its passage, as provided by the
Euless City Charter and the laws of the
State of Texas.
IPL0198691
Oct 11,13 2024
Order PO
The Modesto Bee
The Sun News - Myrtle Beach
Raleigh News & Observer
Rock Hill The Herald
The Sacramento Bee
San Luis Obispo Tribune
Tacoma The News Tribune
Tri-City Herald
The Wichita Eagle
The Olympian
Amount
$45.86
THE STATE OF TEXAS
COUNTY OF TARRANT
Cols
1
Depth
36L
Before me, a Notary Public in and for said County
and State, this day personally appeared Mary
Castro, Bid and Legal Coordinator for the Star -
Telegram, published by the Star -Telegram, Inc. at
Fort Worth, in Tarrant County, Texas; and who,
after being duly sworn, did depose and say that
the attached clipping of an advertisement was
published in the above named paper on the listed
dates:
2 insertion(s) published on:
10/11/24, 10/13/24
Madr
Sworn to and subscribed before me this 15th day of
October in the year of 2024
aJ
Notary Public in and for the state of Texas, residing in
Dallas County
:;j'`' "4. MARGARET KATHLEEN WILSON
My Notary ID # 134916732
Expires May 24, 2028
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!
6C I
FORT WORTH STAR -TELEGRAM I
PAID ADVERTISING SUPPLEMENT
SUNDAY OCTOBER 13 2024
Jobs, Autos Classifte' s
JOBS.STAR-TELEGRAM.COM
CAR REVIEW
Rock Creek has a rugged side
BY STEPHANIE SHOMIN
The Record -Eagle, Traverse City,
Mich./TNS
For 2025, there is a
new Nissan Rock
Creek Edition for
driving enthusiasts
wanting to take their five -
seat compact crossover off
the beaten path. Don't get
excited thinking you will
be climbing boulders,
sloshing in the mud and
blazing new trails. Not
happening. Modeled after
the company's Pathfinder
Rock Creek, the smaller
Rogue is dressed up with
Falken Wild Peak 17-inch
all -terrain tires with satin
black wheels and hill des-
cent control.
It's a great alternative to
the Kia Sportage X-Pro or
RAV4, but don't expect to
be competing with Jeep
Wranglers. Rock Creek
does have an intelligent
around view monitor with
moving object detection
Nissan
For 2025, there is a new Nissan Rock Creek Edition for driving enthusiasts wanting to
take their five -seat compact crossover off the beaten path.
and off -road mode, a
12-volt outlet in the cargo
area and a tubular roof
rack. With off -road mode
engaged at up to 12 miles
per hour, you can view an
upcoming boulder and
steer clear of scraping
your fenders. Nice touch.
The new Rogues are
available in five trim lev-
els (S, SV, Rock Creek, SL
and Platinum) with base
prices ranging from the
low $30s to low $40s.
Ordered with all the toys,
it is around $47,000.
Each is powered by a
1.5-liter turbocharged
three -cylinder gas engine
that generates 201 horse-
power. All are mated with
a continuously variable
transmission with front
wheel drive. The Rock
Creek is equipped with
all -wheel drive standard.
The turbocharged three -
cylinder delivers a surpris-
ing oomph off the line, but
it is short-lived. Our inde-
pendent testing of the
Rock Creek Edition result-
ed in a zero to 60 mile per
hour time of 8.4 seconds.
What it lacks in staying
power, the Rock Creek
delivers with a compliant
ride and a minimal
amount of cabin noise at
highway speeds. Around
town, we found the Rogue
easy to maneuver and
park with its reverse
guidelines.
Interior treatment on
the Rock Creek is pre-
pared for rugged outdoors
with water resistant faux
leather upholstery, con-
trast stitch and Rock
Creek logo. A premium
package for our test car
added reverse tilt down
outside mirrors, four-way
power passenger seat,
wireless charging pad and
heated steering wheel.
Google's built-in infotain-
ment system is not avail-
able in the Rock Creek. In
its place is a smallish,
Class' ed FIND.BUY. SELL.
0 classifieds.star.telegram.com
Legals
CRY OF HURST
NOTICE TO BIDDERS
The City of Hurst is accepting sealed
bids for:
RFP 25-001 Citywide Custodial Ser-
vices
Sealed bids must be submitted by:
2:00:00 PM Wednesday, October 30,
2024
Those interested in participating in
this competitive process may down-
load the specifications
from www.publicpurchase.com or bid
forms may be obtained from the Pur-
chasing
Department at 1505 Precinct Line Rd.,
Hurst, Texas 76054 Monday through
Friday (8:00 a.m.
to 5:00 p.m.).
The City of Hurst reserves the right to
reject any and all bids and act in the
best interest of
the City of Hurst.
Late proposals will not be considered.
1505 Precinct Line Rd., Hurst, Texas
76054 Phone: 817-788-7017 Fax:
817-788-7024 purchasing@hursttx.
gov
Jeannie Fancher
City of Hurst
Purchasing Buyer
1505 Precinct Line Road
Hurst, Tx 76054
817-788-7017
www.hursttx.gov
IPL0198269
Oct 13,20 2024
CRY OF KELLER
REQUEST FOR BID
Electronically sealed bids will be re-
ceived on eBid until 2:00 p.m. (local
time), Wednesday, November 13th,
2024, for seeking a vendor(s) to pro-
vide all labor and equipment to per-
form the outlined services within the
City of Keller city limits:
Grounds Management Services -
Keller Sports Park
Proposal Documents, specifications,
quantities, pre -bid time and date,
and other information are available
on httpsl/cityofkeller.ionwave.net. No
hard copies of the Documents will be
made available. It is the responsibili-
ty of the interested party to print the
Proposal Documents. Electronic sub-
mission only.
MANDATORY Pre -Proposal meeting
will be held on Wednesday, October
30th, 2024 at 8:30a.m. at Town Hall,
1100 Bear Creek Pkwy, Room 106.
Contact information:
Cody Maberry at 817-743-4002 or
CMaberry@cityofkeller.com
BID BOND
Mailing Address:
City of Keller
P.O. Box 770
Keller, TX 76244
IPL0198362
Oct 13,20 2024
CITY OF EULESS
ORDINANCE NO. 2409
AN ORDINANCE OF THE CITY OF EU-
LESS, TEXAS, REPLACING ARTICLE
III, "WASTEWATER COLLECTION AND
TREATMENT," OF CHAPTER 86, "UTIL-
ITIES," OF THE CODE OF ORDINANC-
ES, CITY OF EULESS, TEXAS, IN ITS
ENTIRETY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING
A PENALTY FOR VIOLATIONS; PRO-
VIDING A SAVINGS CLAUSE; PROVID-
ING FOR PUBLICATION IN THE OFFI-
CIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
PENALTY FOR VIOLATION. Any per-
son, firm, or corporation violating any
of the terms and provisions of this
ordinance shall be deemed guilty of
a misdemeanor, and upon conviction
thereof shall be fined in accordance
with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Eu-
less Code of Ordinances. Each such
violation shall be deemed a separate
offense and shall be punishable as
such hereunder.
EFFECTIVE DATE. This ordinance shall
be in full force and effect from and
after its passage, as provided by the
Euless City Charter and the laws of the
State of Texas.
IPL0198691
Oct 11,13 2024
CITY OF EULESS
ORDINANCE NO. 2408
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF A SPECIFIC USE
PERMIT FOR A MOTOR VEHICLE
DEALER IN THE LIGHT INDUSTRIAL
(1-1) ZONING DISTRICT LOCATED AT
JW LEWELLYN ADDITION, BLOCK 1,
LOT 1 AT 2809 WEST EULESS BOU-
LEVARD; PROVIDING FOR A SEV-
ERABILTTY CLAUSE; PENALTY FOR
VIOLATION; PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL NEWSPA-
PER; AND AN EFFECTIVE DATE.
PENALTY FOR VIOLATION. Any per-
son, firm, or corporation violating any
of the terms and provisions of this
ordinance shall be deemed guilty of
a misdemeanor, and upon conviction
thereof shall be fined in accordance
with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Eu-
less Code of Ordinances. Each such
violation shall be deemed a separate
offense and shall be punishable as
such hereunder.
EFFECTIVE DATE. This ordinance shall
be in full force and effect from and
after its passage, as provided by the
Euless City Charter and the laws of the
State of Texas.
IPL0198693
Oct 11,13 2024
CITY OF EULESS
ORDINANCE NO. 2407
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF A SPECIFIC USE PER-
MIT FOR AN EVENT CENTER IN THE
TEXAS HIGHWAY 10 MULTI -USE (TX-
10) ZONING DISTRICT AND HEAVY
INDUSTRIAL (1-2) ZONING DISTRICT
LOCATED AT INTERNATIONAL RE-
GIONAL INDUSTRIAL COMPLEX AD-
DITION, BLOCK E, LOTS A AND D
ON THE SOUTHWEST CORNER OF
WEST EULESS BOULEVARD AND
WESTPARK WAY; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING
A PENALTY FOR VIOLATION; PROVID-
ING FOR PUBLICATION IN THE OFFI-
CIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
PENALTY FOR VIOLATION. Any per-
son, firm, or corporation violating any
of the terms and provisions of this
ordinance shall be deemed guilty of
a misdemeanor, and upon conviction
thereof shall be fined in accordance
with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Eu-
less Code of Ordinances. Each such
violation shall be deemed a separate
offense and shall be punishable as
such hereunder.
EFFECTIVE DATE. This ordinance shall
be in full force and effect from and
after its passage, as provided by the
Euless City Charter and the laws of the
State of Texas.
IPL0198694
Oct 11,13 2024
CITY OF EULESS
ORDINANCE NO. 2405
AN ORDINANCE AMENDING THE
CITY OF EULESS ZONING MAP BY
CHANGING THE ZONING FROM
COMMUNITY BUSINESS (C-2) ZON-
ING DISTRICT TO SINGLE FAMILY
LIMITED DWELLING (R-1L) ZONING
DISTRICT ON AUSTIN KILLIAN AD-
DITION, BLOCK A, LOT 2 AT 2760
FULLER -WISER ROAD; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING
A PENALTY FOR VIOLATION; PROVID-
ING FOR PUBLICATION IN THE OFFI-
CIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
PENALTY FOR VIOLATION. Any per-
son, firm, or corporation violating any
of the terms and provisions of this
ordinance shall be deemed guilty of
a misdemeanor, and upon conviction
thereof shall be fined in accordance
with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Eu-
less Code of Ordinances. Each such
violation shall be deemed a separate
offense and shall be punishable as
such hereunder.
EFFECTIVE DATE. This ordinance shall
be in full force and effect from and
after its passage, as provided by the
Euless City Charter and the laws of the
State of Texas.
IPL0198696
Oct 11,13 2024
STAR-TELEGRAM.COM
CITY OF EULESS
ORDINANCE NO. 2406
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF EULESS, CHAPTER 84, UNIFIED
DEVELOPMENT CODE, AMENDING
THE CITY OF EULESS ZONING DIS-
TRICT MAP ON APPROXIMATELY
7.8 ACRES IN THE PARK CENTER
ADDITION, LOTS 1B AND 1C AND
IN THE INTERNATIONAL REGION-
AL INDUSTRIAL COMPLEX ADDI-
TION, A PORTION OF BLOCK C AND
BLOCK C, LOT 10 BY AMENDING
THE PLANNED DEVELOPMENT (PD)
ZONING DISTRICT AS DESCRIBED
HEREIN; PROVIDING FOR USE TYPES
AND STANDARDS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING
A PENALTY FOR VIOLATION; PROVID-
ING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
PENALTY FOR VIOLATION. Any per-
son, firm, or corporation violating any
of the terms and provisions of this
ordinance shall be deemed guilty of
a misdemeanor, and upon conviction
thereof shall be fined in accordance
with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Eu-
less Code of Ordinances. Each such
violation shall be deemed a separate
offense and shall be punishable as
such hereunder.
EFFECTIVE DATE. This ordinance shall
be in full force and effect from and
after its passage, as provided by the
Euless City Charter and the laws of the
State of Texas.
IPL0198695
Oct 11,13 2024
Ordinance No. 24-056
An ordinance amending the "Indus-
trial Waste and Water Pollution Con-
trol" Chapter of the Code of the City
of Arlington, Texas, 1987, through the
repeal of the existing chapter and the
adoption of a new "Industrial Waste
and Water Pollution Control" Chapter,
relative to new requirements, clarifica-
tion, and updating of the ordinance;
providing for a fine of up to $2,000
for each offense in violation of the or-
dinance; providing this ordinance be
cumulative; providing for severability,
governmental immunity, injunctions,
publication and becoming effective
upon second publication.
Any person who violates any of the
provisions of this ordinance shall be
guilty of a misdemeanor and upon
conviction thereof shall be fined an
amount not to exceed Two Thousand
Dollars and No Cents ($2,000.00) for
each offense. Each day that a violation
is permitted to exist shall constitute a
separate offense.
BE IT ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF ARLINGTON,
TEXAS:
/n/ Jim R. Ross
JIM R. ROSS, Mayor
ATTEST:
/n/ Alex Busken
Alex Busken, City Secretary
IPL0198718
Oct 11,13 2024
CITY OF GRAND PRAIRIE
Public Notice of Impounded Vehicle
and Notice of Sale if Vehicle Is Not
Claimed This Notice is pursuant to
Chapter 683 of the Texas Transporta-
tion Code, Article V of the Texas Aban-
doned Vehicle Act (V.C.S. 6687.9) and
the Texas Litter Abatement (V.C.S.
6687.9a). The following vehicles are
stored at Grand Prairie Police De-
partment Auto Pound, 3010 Hardrock
Rd., Grand Prairie, Texas 75050. 972-
237-4100. Pursuant to the Law, upon
payment of all towing, storage, pres-
ervation, and administrative fees, the
owner or lien holder has the right to
reclaim this vehicle not later than the
twentieth (20th) day after the date of
this publication. Failure of the owner or
lienholder to reclaim the vehicle within
the time provided shall be deemed a
waiver of all rights, title, and interests
in the vehicle; and consent to the sale
or destruction of the vehicle and the
contents within, as provided by law.
2005 Chevy 1GNDS13S552280287
IPL0199045
Oct 13 2024
CITY OF ARLINGTON
ORDINANCE
The Arlington City Council passed the
following ordinances at a meeting on
October 8th, 2024. These ordinances
to become effective with second pub-
lication in accordance with the City
Charter.
Ordinance No. 24-058
An ordinance changing the zoning
classification on certain property
known as 100,
120, 150, 200 East Stephens Street to
Planned Development (PD) for limited
Light
Industrial (LI) uses, with a Develop-
ment Plan; amending the Zoning Dis-
trict Map
accordingly.
Ordinance No. 24-059
An ordinance changing the zoning
classification on certain property
known as 1601
East Bardin Road to Planned Devel-
opment (PD) for limited Light Industrial
(LI) uses, with a Development Plan;
amending the Zoning District Map ac-
cordingly.
Ordinance No. 24-060
An ordinance changing the zoning
classification on certain property
known as 1601
East Bardin Road to Planned Devel-
opment (PD) for limited Light Industrial
(LI) uses, with a Development Plan;
amending the Zoning District Map ac-
cordingly.
Ordinance No. 24-061
An ordinance changing the zoning
classification on certain property
known as 2760
East Abram Street to Planned Devel-
opment (PD) for General Commercial
(GC)
uses, plus a Car Wash, with a Devel-
opment Plan; amending the Zoning
District Map accordingly.
IPL0198944
Oct 13,16 2024
NOTICE OF PUBLIC
HEARING AND NOTICE OF
TYPE B PROJECT
ARLINGTON ECONOMIC DE-
VELOPMENT CORPORATION
In accordance with the Texas Local
Govemment Code Section 505.159, a
public hearing will be held by the Ar-
lington Economic Development Cor-
poration during a meeting to be held
by the Board of Directors on Tuesday,
October 15, 2024 at 4:00 P.M. in the
Council Briefing Room at Arlington
City Hall, 101 W. Abram Street, Arling-
ton, Texas to consider the use of sales
tax proceeds to undertake and to fund
a Performance Agreement with Park-
way/Lamar Partners LP. in an amount
not to exceed $310,000.00 relative to
the renovation and infrastructure im-
provements to the Parkway Central
Shopping Center and the retention of
Whole Foods Market.
This notice shall constitute publication
of a Type B project as required by
Texas Local Government Code Sec-
tion 505.160.
Following the Public Hearing and the
receipt of public input, it is anticipat-
ed that the Board of Directors for the
Arlington Economic Development Cor-
poration may take action on the Proj-
ect at the same meeting.
IPL0199042
Oct 13 2024
LOOKING
FOR
THAT
PERFECT
NEW
EMPLOYEE?
Let Classifieds Help
Star -Telegram
STAR TELEGRAM COM
8-inch touchscreen with
outdated software but
Apple CarPlay and An-
droid Auto make up for
the deficiency.
For the new year, Nis-
san expands the range of
its ProPilot driver assist-
ance with three upgrades.
Our test car was equipped
with the basic system,
which is similar to an
adaptive cruise system
with steering assistance.
The next step up adds
navigation data into the
mix but requires hands on
steering wheel. The top
grade, available in upper
trims only, allows the
system to handle steering,
acceleration and braking
on pre -mapped interstate
highways, but only in a
single lane with no lane
changes.
Nissan has done a cred-
ible job of keeping its SUV
segment competitive with
rivals - of which there are
many, including Honda
CR-V, Ford Escape, GMC
Terrain, Kia Sportage,
Mazda CX-5 and VW
Tiguan.
Contact independent
automotive columnist Len
Ingrassia at
editor@ptd.net.
SELL
YOUR STUF
0 817.390.7400
VISA tois
NOTICE OF PUBLIC HEARING
FOR PROPOSED DESIGNATION
OF TAX ABATEMENT
REINVESTMENT ZONE
IN THE CITY OF BURLESON,
JOHNSON COUNTY, TEXAS
Notice is hereby given that the City
Council of the city of Burleson, Texas,
will hold a public hearing to consider
and take appropriate action on an or-
dinance to designate as a tax abate-
ment reinvestment zone for commer-
cial -industrial tax abatement under
Section 312.201 of the Property Re-
development and Tax Abatement Act,
Chapter 312 of the Texas Tax Code,
the real property located in Burleson,
Johnson County, Texas, being a 30
acre tract of land, more or less, near
the northeast corner of the Vantage
Dr. and Conveyor Dr. (FM 917) inter-
section located in Highpoint Business
Park to be known as the "Tax Abate-
ment Reinvestment Zone Number 009,
City of Burleson."
The public hearing will be held on
Monday, October 21, 2024, at 5:30
P.M., in the Council Chambers, located
at Burleson City Hall, 141 West Renfro
Street, Burleson, Texas 76028.
At the hearing, all persons will be giv-
en the opportunity to speak and be
heard and present evidence for or
against the designation.
Parcel information will be available
at the meeting or in advance during
normal business hours in the Office of
the City Secretary, located at Burleson
City Hall, 141 West Renfro Street,
Burleson, Texas 76028.
If you have any questions regard-
ing this notice, please contact Alex
Philips, Director of Economic Devel-
opment, City of Burleson, at 817-426-
9613 or aphilips@burlesontx.com.
IPL0199098
Oct 13 2024
GUN SHOW
J S Bridwell Ag. Cen-
ter
Wichita Falls,Tx.
October 12-13,2024
Sat. 9-5. Sun. 10-3
More Info: 817-929-
1816
CITY OF GRAND PRAIRIE
LEGAL NOTICE
You are hereby notified that the City
Council will consider the following
amendments to the Unified Develop-
ment Code and Zoning Map of the City
of Grand Prairie:
SNC-24-09-0001 - Street Name
Change - Southgate Bend Blvd (City
Council District 6). An Ordinance of
the City of Grand Prairie, Texas re-
naming a portion of Davis Rd and
future extension of Davis Rd to South-
gate Bend Blvd
For the purpose of considering the
effects of such amendments, and in
turn making its recommendation to
the City Council, The Grand Prairie
City Council will hold a public hear-
ing to consider the application on
October 15, 2024, at 6:30 PM, in the
Grand Prairie City Council Chambers
at City Hall Plaza, 300 W. Main Street.
For further information contact the City
of Grand Prairie Planning Department
(972) 237-8255.
IPL0196134
Sep 26,0ct 13 2024
STAR-TELEGRAM.COM
NOTICE
THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT is accepting separate
sealed bids for the following items at the herein stated bid opening location until
the bid due date and time stated below, when they will be publicly opened and
read aloud.
SOLICITATION: PA1527 - Runway Rubber Removal and Paint Services
BID DUE DATE AND TIME: Tuesday, November 05, 2024 @ 2:00 PM
MINORITY -WOMEN BUSINESS ENTERPRISE (MWBE) GOAL: 10%
SOLICITATION: PA1516 - Grounds Maintenance Services
BID DUE DATE AND TIME: Tuesday, November 12, 2024 @ 2:00 PM
MINORITY -WOMEN BUSINESS ENTERPRISE (MWBE) GOAL: 25%
BID OPENING LOCATION: Refer to Solicitation for Delivery Location. Specifi-
cations may be obtained at the herein stated bid opening location or viewed
/ downloaded from DFW International Airport website at dfwairport.com or by
calling 972-973-5600.
NOTICE
THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT is accepting separate
sealed proposals for the following items at the herein stated location until the
proposal due date and time stated below.
SOLICITATION: PA1561 - Mental and Wellness Program
PROPOSAL DUE DATE AND TIME: Wednesday, November 13, 2024 @ 2:00 PM
MINORITY -WOMEN BUSINESS ENTERPRISE (MWBE) GOAL: 00/0
LOCATION TO SUBMIT PROPOSALS: Refer to Solicitation for Delivery Location.
Specifications may be obtained at the herein stated proposal submittal location
or viewed / downloaded from DFW International Airport website at dfwairport.
com or by calling 972-973-5600.
IPL0199108
Oct 13,20 2024
NOTICE
The Dallas Fort Worth International Airport Board will receive sealed bids for the
following items at the location stated below until the due date and time stated:
SOLICITATION: PA1542 - RCC Peer -to -Peer Surface Lot
BID DUE DATE AND TIME: Tuesday, November 5, 2024 @ 2:00 PM CST
MINORITY WOMEN BUSINESS ENTERPRISE (MWBE) GOAL: 360/0
CONTACT: Contract Administrator, Crystal Smith 972-973-1650
SOLICITATION: PA1425 - Terminal D Grease Trap Rehabilitation
BID DUE DATE AND TIME: Friday, November 15, 2024 @ 2:00 PM CST
MINORITY WOMEN BUSINESS ENTERPRISE (MWBE) GOAL: 250/0
CONTACT: Contract Administrator, James Legerme 972-973-1735
BID SUBMITTAL: Bids must be submitted via the DFW Airport Bonfire Solicitation
system only by the due date and time listed in the Bonfire event schedule, ac-
cessible at https://dfwairport.bonfirehub.com/login.
Additional information is available on the DFW International Airport website at
www.dfwairport.com/business/solicitations.
The DFW Airport, in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations,
hereby notifies all bidders that it will affirmatively ensure that any contract en-
tered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full and fair opportunity to submit bids in response to this in-
vitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for an award.
IPL0197977
Oct 6,13 2024
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