HomeMy WebLinkAbout1574 02-11-2003ORDINANCE NO. 1574
AN ORDINANCE AMENDING ARTICLE III,
'WASTEWATER COLLECTION AND TREATMENT,"
CHAPTER 86, -UTILITIES," OF THE EULESS CODE OF
ORDINANCES SETTING FORTH UNIFORM
REQUIREMENTS FOR THE USERS OF THE PUBLICLY
OWNED TREATMENT WORKS FOR THE CITY OF
EULESS; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE; AND PROVIDING A
SEVERABILITY CLAUSE.
WHEREAS, THE CITY OF EULESS DESIRES TO AMEND THE REQUIREMENTS FOR THE USERS OF THE
PUBLICLY OWNED TREATMENT WORKS FOR THE CITY OF EULESS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS TEXAS,
SECTION 1
Article III entitled "Wastewater Collection and Treatment," of Chapter 86, entitled "Utilities," is hereby amended to read
as follows:
DIVISION 1- GENERAL PROVISIONS
Sec. 86 -96 Purpose and Policy
This ordinance sets forth uniform requirements for direct and indirect users of the Publicly Owned Treatment Works
for the City of Euless and enables the City to comply with all applicable State and Federal laws, including the Clean Water
Act (33 United States Code § 1251 et .seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part
403).
This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance authorizes the
issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes
administrative review procedures, requires user reporting; and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
Sec. 86 -97 Objectives
A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with
its operation;
B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the
Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible
with the Publicly Owned Treatment Works,
C. To ensure quality of sludge to allow its use and disposal in compliance with statutes and regulations.
D. 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;
E. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment
Works,
F. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of
the Publicly Owned Treatment Works, and
G. 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.
Sec. 86 -98 Administration
This article shall apply to the city and to persons outside the city who are, by contract or arrangement with the city,
users of the POTW. Except as otherwise provided herein, the Director of Public Works shall administer, implement, and
enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Director of Public Works may
be delegated by the Director of Public Works to other City of Euless personnel.
Sec. 86 -99 Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated meanings:
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - U.S. Environmental Protection Agency
gpd - gallons per day
mg/I - milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIC - Standard Industrial Classification
SIU Significant Industrial User
TCEQ - Texas Commission on Environmental Quality
TPDES - Texas Pollutant Discharge Elimination System
TRA - Trinity River Authority
TSS Total Suspended Solids
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TTO - Total Toxic Organics
U.S.C. - United States Code
Sec. 56 -100 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have
the meanings hereinafter designated.
A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 U.S.C. § 1251 erseq.
B. Approval Authoriri. The Regional Administrator of EPA or the Director of a state agency delegated to act
on EPA's behalf with an approved pretreatment program (e.g. Director of TCEQ).
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 operation facilities employing more
than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding
twenty-five (25) million dollars (in second - quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or
designated to oversee the operation and performance of the activities of the government facility, or their
designee.
(4) The individuals described in paragraphs 1 through 3, above, may designate another authorized
representative if the authorization is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the discharge originates or having overall
responsibility for environmental matters for the company, and the written authorization is submitted to
the City of Euless.
D. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as
a concentration (e.g., mg/1).
E. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge
limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which
apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 -471.
F. City. The City of Euless or the City Council of Euless, Contracting Party of the Trinity River Authority's
Central Regional Wastewater System.
G. Composite Swnple. 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
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to flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a
constant time interval between the aliquots.
H. Control Authority. Trinity River Authority of Texas as holder of the NPDES permit.
I. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized official of said agency.
J. Existing Source. Any source of discharge, the construction or operation of which commenced prior to the
publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source
if the standard is thereafter promulgated in accordance with Section 307 of the Act.
K. Grab Sample. A sample which is taken from a wastestream without regard to the flow in the wastestream and
over a period of time not to exceed fifteen (15) minutes.
L. Indirect Discharge or Discharge. The introduction of pollutants into the POT W from any nondomestic source
regulated under Section 307(b), (c), or (d) of the Act.
M. Industrial User. An industry that discharges wastewater into the wastewater system.
N. Instantaneous Maximum Allowable 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.
O. Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources,
inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal,
and therefore, is a cause of a violation of the Control Authority's NPDES permit or of the prevention of sewage
sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits
issued thereunder, or any more stringent State or local regulations: Section 405 of the Act, the Solid Waste
Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act
(RCRA) , 40 CFR 503 sludge regulations; any State regulations contained in any State sludge management
Plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312; the Clean Air Act;
the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act.
P. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes,
sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and
dialysis wastes.
Q. NPDES (National Pollutant Discharge Elimination System). National Pollutant Discharge Elimination System
permit program of the Environmental Protection Agency, and/or the permit program of the slate agency
delegated to act on EPA's behalf with an approved pretreatment program (e.g. TPDES or Texas Pollutant
Discharge Elimination System).
R. New Source.
(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants,
the construction of which commenced after the publication of proposed pretreatment standards under
Section 307(c) of the Act which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source is
located, or
(b) The budding, structure, facility, or installation totally replaces the process or production equipment
that causes the discharge of pollutants at an existing source, or
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(c) The production or wastewater generating processes of the building, structure, facility, or
installation are substantially independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent to which the new facility
is integrated with the existing plant, and the extent to which the new facility is engaged in the same
general type of activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a new
source if the construction does not create a new building, structure, facility, or installation meeting the
criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or
production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator
has
(a) Begun, or caused to begin, as part of a continuous onsite construction program
(i) any placement, assembly, or installation of facilities or equipment; or
(ii) significant site preparation work including clearing, excavation, or removal of existing
buildings, structures, or facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are
intended to be used in its operation within a reasonable time. Options to purchase or contracts
which can be terminated or modified without substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute a contractual obligation under this paragraph.
S. Noncontact Cooling Water. Water used for cooling which does not come into direct contact with any raw
material, intermediate product, waste product, or finished product.
T. Normal Wastewater. Wastewater which the average concentration of suspended solids and five -day BOD does
not exceed 250 mg/l each.
U Pass Throueh. 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 NPDF,S permit, including an increase in the
magnitude or duration of a violation.
V Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock-
company, trust, estate, governmental entity, or any other legal entity ; or their legal representatives, agents, or
assigns. This definition includes all Federal, State, and local governmental entities.
W. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
X. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge,
munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, municipal, agricultw-al and industrial wastes, and certain
characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Y. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the
nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW.
This reduction or alteration can be obtained by physical, chemical, or biological processes; by process
changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an
applicable pretreatment standard.
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Z. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on
a user, other than a pretreatment standard.
AA. Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
BB. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of
certain substances; these prohibitions appear in Section 86 -101 of this ordinance.
CC. Publicly Owned Treatment Works or POTW. A "treatment works," as defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned by the 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.
DD. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and
septic tanks.
EE. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).
FF. Shall is mandatory, May is permissive.
GG. Significant Industrial User.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the
POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up five (5) percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant, or
(c) Is designated as such by the City on the basis that it has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement.
(3) Upon a fording that a user meeting the criteria in Subsection (2) has no reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,
the City may at any time, on its own initiative or in response to a petition received from a user, and in
accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered
a significant industrial user.
HH. Slug Load or Slug. Any discharge at a flow rate or concentration which could cause a violation of the
prohibited discharge standards in Section 86 -101 of this ordinance.
I1. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial
Classification Manual issued by the United States Office of Management and Budget.
JJ. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from
such precipitation, including snowmelt.
KK. Director of Public Works. The person designated by the City who is charged with certain duties and
responsibilities by this ordinance, or a duly authorized representative.
LL. Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water,
wastewater, or other liquid, and which is removable by laboratory filtering.
0
MM. Total Toxic Orizarries. The sum of the masses or concentration of the toxic organic compounds listed in 40
CFR 122 Appendix D, Table 11, excluding pesticides, found in industrial users' discharge at a concentration
greater than 0.01 mg/L. Only those parameters reasonably suspected to be present, at the discretion of the
Director of Public Works, if any, shall be analyzed for with non - categorical industries. With Categorical
industries, TTOs will be sampled for as stipulated in the particular category or those parameters reasonably
suspected to be present, at the discretion of the Director of Public Works, where not stipulated.
NN. User. Any person who contributes, causes, of permits the contribution of wastewater into the city's POTW.
00. Wastewater. Liquid and water - carried industrial wastes and sewage from residential dwellings, commercial
buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are
contributed to the POTW.
PR Wastewater Treatment Plant or Treatment Plant. That portion of the POTW, which is designed to provide
treatment of municipal sewage and industrial waste.
QQ. Building Sewer. Means s sewer conveying wastewater from the premises of a user to the PTO W.
RR. Direct Discharge. Means the discharge of treated and untreated wastewater directly into the waters of the state.
SS. National Pollution Discharge Elimination Systems of NPDES permit. Means a permit issued pursuant to
section 402 of the act.
TT. National Prohibitive discharge standard of Prohibitive Discharge Standard. Means any regulation developed
under the authority of section 307 (b) of the act and 40 CFR 403.5.
UU. Pollution. Means the manmade of man- induced alteration of the chemical, physical, biological and radiological
integrity of water.
VV. Wastewater Contribution Permit. Means as set forth in section 86 -113 of this article.
DIVISION 2 - GENERAL SEWER USE REQUIREMENTS
Sec. 86 -101 Prohibited Discharge Standards
A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or
wastewater which causes pass through or interference. These general prohibitions apply to all users of the
POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or
local pretreatment standards or requirements.
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 tire or explosive hazard in the POTW, including, but not limited to,
wastestreams with a closed -cup flashpoint of less than 140 °F (60 °C) using the test methods specified
in 40 CFR 261.21,
(2) Wastewater having corrosive properties capable of causing damage or injury to structures, equipment
and/or personnel of the POTW, as per the specific prohibition in the applicable local limits in Section
86 -104. In no case shall wastewater containing a pH less than 5.0 be discharged unless the works is
specifically designated to accommodate such discharges,
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting
in interference, blockage, or damage to the POTW.
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(4) Pollutants, including oxygen - demanding pollutants (BOD, etc.), released in a discharge at a flow rate
and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause
interference with the POTW;
(5) Wastewater having a temperature greater than 150T (65°C), or which will inhibit biological activity
in the treatment plant resulting in interference, but in no case wastewater which causes the temperature
at the introduction into the treatment plant to exceed 104 °F (40 °C);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause
interference or pass through,
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity
that may cause acute worker health and safety problems,
(8) Trucked or hauled pollutants, except at discharge points designated by the Director of Public Works
and the Control Authority in accordance with Section 86 -111 of this ordinance;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction
with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into
the sewers for maintenance or repair,
(10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not
limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the
treatment plant's effluent, thereby violating the applicable NPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State
or Federal regulations,
(12) Storm water, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, and
unpolluted wastewater, unless specifically authorized by the Director of Public Works and the Control
Authority,
(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(14) Medical wastes, except as specifically authorized by the Director of Public Works and/or the Control
Authority in a wastewater discharge permit
(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 -104;
M
(18) A discharge of water, normal domestic wastewater, or industrial waste that which in quantity of flow
exceeds, for a duration of longer than fifteen minutes, more than four times the average twenty four hour
flow during normal operations of the industry,
(19) Insecticides and herbicides in concentrations that are not amenable to treatment;
(20) Polychlorinated biphenyls;
(21) Garbage that is not properly shredded to such an extent that all particles will be carried freely under the
flow conditions normally prevailing in wastewater mains, with no particle having greater than one -half
(1/2 ") inch cross - sectional dimension,
(22) Wastewater or industrial waste generated or produced outside the City, unless approval in writing from
the Director of Public Works and the Control Authority has been given to the person discharging the
waste; or,
(23) Without the approval of the Director of Public Works and the Control Authority, a substance or
pollutant other than industrial waste, normal domestic wastewater, septic tank waste or chemical toilet
waste that is of a toxic or hazardous nature, regardless of whether or not it is amenable to treatment,
including but not limited to bulk or packaged chemical products.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that
they could be discharged to the POTW.
See. 86 -102 National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405 -471 are hereby
incorporated.
A. Where a categorical pretreatment standard is expressed only in terns of either the mass or the concentration
of a pollutant in wastewater, the Director of Public Works may impose equivalent concentration or mass limits
in accordance with 40 CFR 403.6(c).
B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by
the same standard, the Director of Public Works shall impose an alternate limit using the combined
wastestream formula in 40 CFR 403.6(e).
C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the
procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are
fundamentally different from the factors considered by EPA when developing the categorical pretreatment
standard.
D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
Sec. 86 -103 Reserved
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See. 86 -104 Local Limits
The following pollutant limits are established to protect against pass through and interference. No person shall
discharge or cause or permit to be discharged, wastewater containing in excess of the following maximum allowable
discharge limits into the Central Regional Wastewater System:
0.2
mg/1 arsenic
0.1
mg/l cadmium
2.9
mg/l chromium
2.3
mg/l copper
0_5
mg/1 cyanide
0.9
mg/l lead
0.0004 mg/l mercury
0.2
mg/l Molybdenum
4.6
mg/l nickel
200
mg/l oil and grease
0.1
mg/l selenium
0.8
mg/l silver
8.0
mg/l zinc
113
mg/l TTO
5.5 <pH
<11.0
The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic
substances are for "total' metal unless indicated otherwise. The Director of Public Works may impose mass limitations in
addition to, or in place of, the concentration -based limitations above.
Sec. 86- 105 City's Right of Revision
The City of Fuless reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent
standards or requirements on discharges to the POTW.
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Sec. 86 -106 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 Director of Public Works may impose mass limitations on users
who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of
mass limitations is appropriate.
Sec. 86 -107 Plant Loading
No industry shall discharge wastewater containing a BOD or TSS loading that causes the City's prorata share of the
total BOD or TSS loading to the POTW System to exceed the City's prorata share of the total flow to the POTW System.
(Example: If the City contributes 25% of the total wastewater flow to the System, the City's cumulative BOD or TSS
loading to the System, as measured at the City's points of entry to the System, shall not exceed 25% of the total BOD or TSS
loading to the System.)
Any industry with a wastewater strength that will cause the City's cumulative wastewater loading, at the City's points
of entry, to exceed the City's prorata share of the total wastewater loading based upon flow, shall be required to install
pretreatment facilities to reduce its wastewater strength to an acceptable level.
DIVISION 3 - PRETREATMENT OF WASTEWATER
Sec. 86 -108 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance
with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 86 -101 of this ordinance
within the time limitations specified by EPA, the State, the Control Authority, or The Director of Public Works, whichever
is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the users expense.
Detailed plans describing such facilities and operating procedures shall be submitted to The Director of Public Works for
review, and shall be acceptable to The Director of Public Works before such facilities are constructed. The review of such
plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as
necessary to produce a discharge acceptable to the City of Euless under the provisions of this ordinance.
Sec. 86 -109 Additional Pretreatment Measures
A. Whenever deemed necessary, The Director of Public Works may require users to restrict their discharge during
peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or
consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and require such
other conditions as may be necessary to protect the POTW and deterrnme the users compliance with the
requirements of this ordinance.
B. The Director of Public Works may require any person discharging into the POTW to install and maintain, on
their property and at their expense, a suitable storage and flow - control facility to ensure equalization of flow.
A wastewater discharge permit may be issued solely for flow equalization.
C. Grease, oil, and sand interceptors shall be provided when, in the opinion of The Director of Public Works, they
are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand;
except that such interceptors shall not be required for residential users. All interception units shall be of type
and capacity approved by The Director of Public Works and shall be so located to be easily accessible for
cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by
the user at their expense.
D. Users with the potential to discharge flammable substances may be required to install and maintain an
approved combustible gas detection meter, or other control device as deemed necessary by The Director of
Public Works.
Sec. 86 -110 Accidental Discharge /Slug Control Plans
At least once every two- (2) years, The Director of Public Works shall evaluate whether each permitted significant industrial
user needs an accidental discharge /slug control plan. The Director of Public Works may require any user to develop, submit
for approval, and implement such a plan. An accidental discharge /slug control plan shall address, at a minimum, the
following:
A. Description of discharge practices, including nomoutine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying The Director of Public Works and Control Authority of any accidental
or slug discharge, as required by Section 86 -131 of this ordinance; and
D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but
are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site runoff, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and
equipment for emergency response.
Sec. 86 -111 Hauled Wastewater
A. Septage waste may be introduced into the POTW only at locations designated by The Director of Public Works
and Control Authority, and at such times as are established by The Director of Public Works and Control
Authority. Such waste shall not violate Division 2 of this ordinance or any other requirements established by
the City. The Director of Public Works and/or Control Authority may require septic tank waste haulers to
obtain wastewater discharge permits.
B. Septage waste haulers must provide a waste - tracking form for every load. This form shall include, at a
minimum, the name and address of the waste hauler, permit number, track identification, names and addresses
of sources of waste, and volume and characteristics of waste. The form shall identify the type of generator,
known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
DIVISION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION
Sec. 86 -112 Wastewater Analysis
When requested by The Director of Public Works, a user must submit information on the nature and characteristics
of its wastewater by the deadline stipulated. The Director of Public Works is authorized to prepare a form for this purpose
and may periodically require users to update this information.
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Sec. 86 -113 Wastewater Discharge Permit Requirement
A. No significant industrial user shall discharge wastewater into the POTW without fast obtaining a wastewater
discharge permit from The Director of Public Works, except that a significant industrial user that has filed a
timely application pursuant to Section 86 -114 of this ordinance may continue to discharge for the time period
specified therein.
B. The Director of Public Works may require other users to obtain wastewater discharge permits as necessary
to carry out the purposes of this ordinance.
C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this
ordinance and subjects the wastewater discharge permittee to the sanctions set out in Divisions 09 through
12 of this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation
to comply with all Federal and State pretreatment standards or requirements with any other requirements of
Federal, State, and local law.
D. Users required to a obtain wastewater contribution permit shall complete and file with the city an application
in the form prescribed by the city, accompanied by a fee of $50.00. Existing users shall apply for a wastewater
contribution permit within 30 days after the effective date of this article, and proposed new users shall apply
at least 90 days prior to connecting to or contributing to the POTW.
Sec. 86 -114 Wastewater Discharge Permitting: Existing Connections
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior
to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, apply to The Director
of Public Works for a wastewater discharge permit in accordance with Section 86 -116 of this ordinance, and shall not cause
or allow discharges to the POTW to continue after ninety (90) days of the effective date of this ordinance except in
accordance with a wastewater discharge permit issued by The Director of Public Works. If, in The Director of Public Works
judgement, the passing of the Ordinance does not significantly affect the Industrial Users current permit, then the existing
permit will continue through to the expiration date.
Sec. 86 -115 Wastewater Discharge Permitting: New Connections
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into
the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this
wastewater discharge permit, in accordance with Section 86 -116 of this ordinance, must be filed prior to the date upon which
any discharge will begin or recommence.
Sec. 86 -116 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit a permit application. The Director of Public
Works may require all users to submit as part of an application the following information:
A. All information required by Section 86- 126(13) of this ordinance;
B. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials
and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to
the POTW,
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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 Director of Public Works to evaluate the
wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
Sec. 86 -117 Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by an authorized representative of the
user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the information submitted is, to the best
of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations."
Sec. 86 -118 Wastewater Discharge Permit Decisions
The Director of Public Works will evaluate the data famished by the user and may require additional information.
Within sixty (60) days of receipt of a complete wastewater discharge permit application, The Director of Public Works will
determine whether or not to issue a wastewater discharge permit The Director of Public Works may deny any application
for a wastewater discharge permit.
DIVISION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
Sec. 86 -119 Wastewater Discharge Permit Duration
A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the
effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the
discretion of The Director of Public Works. Each wastewater discharge permit will indicate a specific date upon which it
will expire.
Sec. 86 -120 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by The Director
of Public Works to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's
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effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the
POTW.
A. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five
(5) years,
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City
in accordance with Section 86 -123 of this ordinance, and provisions for famishing the new owner or
operator with a copy of the existing wastewater discharge permit,
(3) Effluent limits based on applicable pretreatment standards,
(4) Self monitoring, sampling, reporting, notification, and record - keeping requirements. These
requirements shall include an identification of pollutants to be monitored, sampling location, sampling
frequency, and sample type based on Federal, State, and local law; and
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and
requirements, and any applicable compliance schedule. Such schedule may not extend the time for
compliance beyond that required by applicable Federal, State, or local law.
B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for
flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or construction of
appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants
into the treatment works;
(3) Requirements for the development and implementation of spill control plans or other special conditions
including management practices necessary to adequately prevent accidental, unanticipated, or
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; and
(8) Other conditions as deemed appropriate by The Director of Public Works to ensure compliance with
this ordinance, and State and Federal laws, rules, and regulations.
Sec. 86 -121 Reserved.
Sec. 86 -122 Wastewater Discharge Permit Modification
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The Director of Public Works may modify a wastewater discharge permit for good cause, including, but not limited
to, the following reasons:
A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements,
B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or
character since the time of wastewater discharge permit issuance,
C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the
authorized discharge;
D. Information indicating that the permitted discharge poses a threat to POTW, POTW personnel, or the receiving
waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misreprescntations or failure to fully disclose all relevant facts in the wastewater discharge permit application
or in any required reporting;
G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater discharge permit; or
To reflect a transfer of the facility ownership or operation to a new owner or operator.
Sec. 86 -123 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives advance
notice to The Director of Public Works and The Director of Public Works approves the wastewater discharge permit transfer.
The notice to The Director of Public Works must include a written certification by the new owner or operator which:
A. States that the new owner and/or operator has no immediate intent to change the facility's operations and
processes;
B. Identifies the specific date on which the transfer is to occur, and
C. Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
Sec. 86 -124 Wastewater Discharge Permit Revocation
The Director of Public Works may revoke a wastewater discharge permit for good cause, including, but not limited
to, the following reasons:
A. Failure to notify The Director of Public Works of significant changes to the wastewater prior to the changed
discharge;
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B. Failure to provide prior notification to The Director of Public Works of changed conditions pursuant to Section
86 -130 of this ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
D. Falsifying self - monitoring reports;
E. Tampering with monitoring equipment;
Refusing to allow The Director of Public Works timely access to the facility premises and records;
G. Failure to meet effluent limitations,
1-I. Failure to pay fines;
1. Failure to pay sewer charges;
J. Failure to meet compliance schedules,
K. Failure to complete a wastewater survey or the wastewater discharge permit application,
L. Failure to provide advance notice of the transfer of business ownership of a permitted facility, or
M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this
ordinance.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All
wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit
to that user.
Sec. 86 -125 Wastewater Discharge Permit Reissuance
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by
submitting a complete permit application, in accordance with Section 86 -116 of this ordinance, prior to the expiration of
the user's existing wastewater discharge permit.
DIVISION 6 - REPORTING REQUIREMENTS
Sec. 86 -126 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(x)(4), whichever is later,
existing categorical users currently discharging to or scheduled to discharge to the POT W shall submit to The
Director of Public Works a report which contains the information listed in paragraph B, below. At least ninety
(90) days prior to commencement of their discharge, new sources, and sources that will become categorical
users subsequent to the promulgation of an applicable categorical standard, shall submit to The Director of
Public Works a report which contains the information listed in paragraph B, below. Anew 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.
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B. Users described above shall submit the information set forth below.
(1) Identifyine Information. The name and address of the facility, include the name of the operator and
owner.
(2) Environmental permits. A list of any environmental control permits held by or for the facility.
(3) Description of Operations. A brief description of the nature, average rate of production, and standard
industrial classifications of the operation(s) carried out by such user. This description should include
a schematic process diagram, which indicates points of discharge to the POTW from the regulated
processes.
(4) Flow Measurement Information showing the measured or estimated average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary,
to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(5) Measurement of Pollutants.
(a) The categorical pretreatment standards applicable to each regulated process.
(b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where
required by the standard or by The Director of Public Works, of regulated pollutants in the
discharge from each regulated process. Instantaneous, daily maximum, and long -tetra average
concentrations, or mass, where required, shall be reported. The sample shall be representative of
daily operations and shall be analyzed in accordance with procedures set out in Section 86 -135
of this ordinance.
(c) Sampling must be performed in accordance with procedures set out in Section 86 -136 of this
ordinance.
(6) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified
professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not,
whether additional operation and maintenance (O &M) and/or additional pretreatment is required to
meet the pretreatment standards and requirements.
(7) Compliance Schodule. If additional pretreatment and/or O &M will be required to meet the pretreatment
standards, the shortest schedule by which the user will provide such additional pretreatment and/or
O &M. 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 -127 of this ordinance.
(8) Signature and Certification. All baseline monitoring reports must be signed and certified in accordance
with Section 86 -117 of this ordinance.
Sec. 86 -127 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section 86- 126(6)(7) of this ordinance :
A. The schedule shall contain progress increments in the form of dates for the commencement and completion
of major events leading to the construction and operation of additional pretreatment required for the user to
meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major components, commencing and
completing construction, and beginning and conducting routine operation),
B. No increment referred to above shall exceed nine (9) months,
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C. The user shall submit a progress report to The Director of Public Works no later than fourteen (14) days
following each date in the schedule and the final date of compliance including, as a minimum, whether or not
it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken
by the user to return to the established schedule, and
D. In no event shall more than [tine- (9) months elapse between such progress reports to The Director of Public
Works.
Sec. 86 -128 Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for fmal compliance with applicable categorical pretreatment standards,
or in the case of a new source following commencement of the introduction of wastewater into the POT W, any user subject
to such pretreatment standards and requirements shall submit to The Director of Public Works a report containing the
information described in Section 86- 126(B)(4 -6) of this ordinance. For users subject to equivalent mass or concentration
limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of
the user's long -term production rate. For all other users subject to categorical pretreatment standards expressed in terms
of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the usav's
actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance
with Section 86 -117 of this ordinance.
Sec. 86 -129 Periodic Compliance Reports
A. All significant industrial users shall, at a frequency determined by The Director of Public Works but in no case
less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge
which are limited by pretreatment standards and the measured or estimated average and maximum daily flows
for the reporting period. All periodic compliance reports must be signed and certified in accordance with
Section 86 -117 of this ordinance.
B. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow
measurement facilities shall be properly operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the
user to claim that sample results are unrepresentative of its discharge.
C. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than
required by The Director of Public Works, using the procedures prescribed in Section 86 -135 and 86 -136 of
this ordinance, the results of this monitoring shall be included in the report.
Sec. 86 -130 Reports of Changed Conditions
Each user must notify The Director of Public Works of any planned significant changes to the user's operations or
system which might alter the nature, quality, or volume of its wastewater before the change is made.
A. The Director of Public Works may require the user to submit such intbrmation as may be deemed necessary
to evaluate the changed condition, including the submission of a wastewater discharge permit application
under Section 86 -116 of this ordinance.
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B. The Director of Public Works may issue a wastewater discharge permit under Section 86 -118 of this ordinance
or modify an existing wastewater discharge permit under Section 86 -122 of this ordinance in response to
changed conditions or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty
percent 20% or greater, and the discharge of any previously unreported pollutants that are determined to be
of concern.
Sec. 86 -131 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nomoutine,
episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the
POTW, the user shall immediately telephone and notify the City and the Control Authority of the incident.
This notification shall include the location of the discharge, type of waste, concentration and volume, if known,
and corrective actions taken by the user.
B. Within five (5) days following such discharge, unless waived by the Director, the user shall submit a detailed
written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent
similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage
to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which
may be imposed pursuant to this ordinance.
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.
Sec. 86 -132 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to The Director of
Public Works as The Director of Public Works may require.
Sec. 86 -133 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify The Director of Public Works within
twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit
the results of the repeat analysis to The Director of Public Works within thirty (30) days after becoming aware of the
violation. The user is not required to resample if The Director of Public Works monitors at the user's facility at least once
a month, or if The Director of Public Works samples between the user's initial sampling and when the user receives the
results of this sampling.
See. 86 -134 Notification of the Discharge of Hazardous Waste
A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste
Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the
POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.
Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA
hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more
than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall
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contain the following information to the extent such information is known and readily available to the user:
an identification of the hazardous constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the wastestream discharged during that calendar month, and an estimation
of the mass of constituents in the wastestream expected to be discharged during the following twelve (12)
months. All notifications must take place no later than one hundred and eighty (180) days after the discharge
commences. Any notification under this paragraph need be submitted only once for each hazardous waste
discharged. However, notifications of changed conditions must be submitted under Section 86 -130 of this
ordinance. The notification requirement in this section does not apply to pollutants already reported by users
subject to categorical pretreatment standards under the self - monitoring requirements of Sections 86 -126, 86-
128, and 86 -129 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A, above, during a calendar month in which they
discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous
wastes as specified m40 CPR 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 Director
of Public Works, the POTW, the EPA Regional Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of
such regulations.
D. In the case of any notification made under this section, the user shall certify that it has a program in place to
reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be
economically practical.
E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by
this ordinance, a permit issued thereunder, or any applicable Federal or State law.
Sec. 86 -135 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise
specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical
techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved
by EPA.
Sec. 86 -136 Sample Collection
A. Except as indicated in Section B, below, the user must collect wastewater samples using flow proportional
composite collection techniques. In the event flow proportional sampling is infeasible, The Director of Public
Works may authorize the use of time proportional sampling or a nummum of four (4) grab samples where the
user demonstrates that this will provide a representative sample of the effluent being discharged. In addition,
grab samples may be used to show compliance with instantaneous discharge limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must
be obtained using grab collection techniques.
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See. 86 -137 Timing
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern
Sec. 86 -138 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and any
additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such
requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s)
taking the samples, the dates analyses were performed; who performed the analyses; the analytical techniques or methods
used, and the results of such analyses. These records shall remain available for a period of at least three (3) years. This
period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user
has been specifically notified of a longer retention period by The Director of Public Works and/or Control Authority .
DIVISION 7 - COMPLIANCE MONITORING
See. 86 -139 Right of Entry: Inspection and Sampling
The Director of Public Works and/or the Control Authority, TCEQ, or USEPA or their designated representative shall
have the right to enter the premises of any user to determine whether the user is complying with all requirements of this
ordinance and any wastewater discharge permit or order issued hereunder. Users shall allow inspecting or sampling person
ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the
performance of any additional duties.
A. Where a user has security measures in force which require proper identification and clearance before entry
into its premises, the user shall make necessary arrangements with its security guards so that, upon
presentation of suitable identification, the City, Control Authority, TCEQ or USEPA will be permitted to enter
without delay for the purposes of performing specific responsibilities.
B. The Director of Public Works and/or Control Authority shall have the right to set up on the user's property,
or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's
operations. All sampling and analysis performed by The Director of Public Works and/or Control Authority
to monitor compliance shall be at the expense of the industrial user.
C. The Director of Public Works and/or Control Authority may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the user at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated, at a minimum, annually to ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled
shall be promptly removed by the user at the written or verbal request of The Director of Public Works and/or
Control Authority and shall not be replaced. The costs of clearing such access shall be boor by the user.
E. Unreasonable delays in allowing the inspecting or sampling person access to the user's premises shall be a
violation of this ordinance.
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F. In accordance with 40 CFR 403, the City shall inspect and monitor each permitted Industrial User a minimum
of once per year. If the City elects to perform compliance monitoring for the industry then the City will monitor
the industry a minimum of semi annually.
Sec. 56 -140 Search Warrants
If The Director of Public Works and/or Control Authority has been refused access to a building, structure, or property,
or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or
that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to
verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety
and welfare of the community, then The Director of Public Works and/or Control Authority may seek issuance of a search
warrant from the an appropriate court.
DIVISION S - 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 and/or
Control Authority, that the release of such information would divulge information, processes, or methods of production
entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of
submission of the information or data. When requested and demonstrated by the user furnishing a report that such
information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made available immediately upon request to governmental
agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics and other "effluent data' as defined by 40 CFR
2.302 will not be recognized as confidential information and will be available to the public without restriction.
DIVISION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Director of Public Works shall publish annually, in the largest daily newspaper published in the municipality
where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean :
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty -six percent (66 %) or
more of wastewater measurements taken during a six- (6 -)month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any amount;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33 %) or more
of wastewater measurements taken for each pollutant parameter during a six- (6 -)month period equals or
exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4
for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except Ph);
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C. Any other discharge violation that The Director of Public Works and/or Control Authority believes has caused,
alone or in combination with other discharges, interference or pass through, including endangering the health
ofPOTW personnel or the general public;
D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or
has resulted in The Director of Public Work's or Control Authority's exercise of its emergency authority to
halt or prevent such a discharge,
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in
a wastewater discharge permit or enforcement order for starting construction, completing construction, or
attaining final compliance,
F. Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring
reports, reports on compliance with categorical pretreatment standard deadlines, periodic self - monitoring
reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance, or
H. Any other violation(s) which The Director of Public Works determines will adversely affect the operation or
implementation of the local pretreatment program.
DIVISION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
Sec. 86 -141 Notification of Violation
When The Director of Public Works finds that a user has violated, or continues to violate, any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, The
Director of Public Works may serve upon that user a written Notice of Violation. Within the time frame specified in the
notice, which is usually, but not always ten (10) days, an explanation of the violation and a plan for the satisfactory correction
and prevention thereof, to include specific required actions, shall be submitted by the user to The Director of Public Works.
Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the
Notice of Violation. Nothing in this section shall limit the authority of The Director of Public Works to take any action,
including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
Sec. 86 -142 Reserved
See. 86 -143 Show Cause Hearing
A. The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show
cause before the city council why the proposed entorcemcn[ action should not be taken. A notice shall be
served on the user specifying the time and place of a hearing to be held by the city council regarding the
violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user
to show cause before the city council why the proposed enforcement action should not be taken. The notice
of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least
ten days before the hearing. Service may be made on any agent or officer of a corporation.
B. The city council may itself conduct the hearing and take the evidence or may designate any of its members
or any officer or employee of the assigned department to:
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(1) Issue in the name of the city council notices of hearings requesting the attendance and testimony
of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) Take the evidence.
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together
with recommendations to the city council for action thereon.
C. At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically.
The transcript, so recorded, will be made available to any member of the public or any party to the hearing
upon payment of the usual charges thereof.
D. After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge
directing that, following a specified time period, the sewer service be discontinued unless adequate treatment
facilities, devices or other related appurtenances shall have been installed or existing treatment facilities,
devices or other related appurtenances are properly operated. Further orders and directives as are necessary
and appropriate may be issued.
Sec. 56 -144 Compliance Orders
When The Director of Public Works finds that a user has violated, or continues to violate, any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, The
Director of Public Works may issue an order to the user responsible for the discharge directing that the user come into
compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may
be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to address the 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.
Sec. 56 -145 Cease and Desist Orders
When The Director of Public Works finds that a user has violated, or continues to violate, any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or
that the user's past violations are likely to recur, The Director of Public Works may issue an order to the user directing it to
cease and desist all such violations and directing the user to:
A. Immediately comply with all requirements, and
B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or
threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
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Sec. 86 -146 Reserved
Sec. 86 -147 Emergency Suspensions
The Director of Public Works may immediately suspend a users discharge, after informal notice to the user, whenever
such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an
imminent or substantial endangerment to the health or welfare of persons. The Director of Public Works may also
immediately suspend a users discharge, after notice and opportunity to respond, that threatens to interfere with the operation
of the POT W, or which presents, or may present, an endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the
event of a user's failure to immediately comply voluntarily with the suspension order, The Director of Public
Works may take such steps as deemed necessary, including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The
Director of Public Works may allow the user to recommence its discharge when the user has demonstrated
to the satisfaction of The Director of Public Works that the period of endangerment has passed, unless the
termination proceedings in Section 86 -148 of this ordinance are initiated against the user.
R A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall
submit a detailed written statement, describing the causes of the harmful contribution and the measures taken
to prevent any future occurrence, to The Director of Public Works prior to the date of any show cause or
termination hearing under Sections 86 -143 or 86 -148 of this ordinance .
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
Sec. 86 -148 Termination of Discharge
In addition to the provisions in Section 86 -124 of this ordinance, any user who violates the following conditions is
subject to discharge termination:
A. Violation of wastewater discharge permit conditions,
R Failure to accurately report the wastewater constituents and characteristics of its discharge,
C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior
to discharge,
D. Refusal of reasonable access to the users premises for the purpose of inspection, monitoring, or sampling, or
E. Violation of the pretreatment standards in Division 2 of this ordinance.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under
Section 86 -143 of this ordinance why the proposed action should not be taken. Exercise of this option by The Director of
Public Works shall not be a bar to, or a prerequisite for, taking any other action against the user.
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DIVISION 11- JUDICIAL ENFORCEMENT REMEDIES
Sec. 86 -149 Injunctive Relief
When The Director of Public Works finds that a user has violated, or continues to violate, any provision of this
ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, The
Director of Public Works may petition the appropriate Court through the City's Attorney for the issuance of a temporary or
permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge
permit, order, or other requirement imposed by this ordinance on activities of the user. The Director of Public Works may
also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct
environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other
action against a user.
Sec. 86 -150 Civil Penalties
A. A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City
for a maximum civil penalty of One Thousand Dollars ($1,000.00) per violation, per day. In the case of a
monthly or other long -term average discharge limit, penalties shall accrue for each day during the period of
the violation.
B. The Director of Public Works 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.
C. In determining the amount of civil liability, the Court shall take into account all relevant circumstances,
including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the
violation, any economic benefit gained through the user's violation, corrective actions by the user, the
compliance history of the user, and any other factor as justice requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against
a user.
Sec. 86 -151 Criminal Prosecution
A. A user who violates any provision of this ordinance, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of not more than Two Thousand Dollars ($2,000.00) per violation, per day, or
imprisonment as decided by an appropriate court, or both.
B. A user who negligently introduces any substance into the POTW which causes personal injury or property
damage shall, upon conviction, be guilty of a misdemeanor and be subject to the same penalties described in
Section 86- 151(A) of this Ordinance. This penalty shall be in addition to any other cause of action for personal
injury or property damage available under State law.
C. A user who makes any false statements, representations, or certifications in any application, record, report,
plan, or other documentation tiled, or required to be maintained, pursuant to this ordinance, wastewater
discharge permit, or order issued hereunder, or who falsifies, tampers with, or renders inaccurate any
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monitoring device or method required under this ordinance shall, upon conviction, be subject to the same
penalties described in Section 86- 151(A). of this Ordinance.
D. CRIMINAL RESPONSIBILITY. A culpable mental state is not required to prove an offense under this
Ordinance. A person is criminally responsible for a violation of this Ordinance if
(1) The person commits or assists in the commission of a violation, or causes or permits another person to
commit a violation; or
(2) The person owns or manages the property or facilities determined to be the cause of the illegal discharge
under Section 86- 101, 86- 102, 86- 104, 86 -111, or 86 -113.
Sec. 86 -152 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The Director of Public Works may take any, all, or any
combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in
accordance with the City's enforcement response plan. However, The Director of Public Works may take other action against
any user when the circumstances warrant. Further, The Director of Public Works is empowered to take more than one
enforcement action against any noncompliant user.
Sec. 86 -153 Applicability of More Stringent Regulations
A. 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 Ordinance.
B. Applicability of more stringent discharge limits. An industrial user within the city who discharges industrial
waste ultimately received and treated by another governmental entity pursuant to a wholesale wastewater
contract or a reciprocal agreement with the city is subject to the following additional rules:
(1) If the governmental entity has more stringent discharge limits than those prescribed by this Ordinance,
or by a discharge permit issued hereunder, because the United Slates Environmental Protection Agency
requires the more stringent discharge limits as part of the governmental entity's wastewater pretreatment
program, the more stringent discharge limits shall prevail.
(2) The Director of Public Works is authorized to issue a discharge permit to an industrial user affected by
Subsection (1), to insure notice of and compliance with the more stringent discharge limits. If the
industrial user already has a discharge permit, The Director of Public Works may amend the permit to
apply and enforce the more stringent discharge limits. An industrial user shall submit to The Director
of Public Works an expected compliance date and an installation schedule if the more stringent
on
discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant
processes.
(3) If The Director of Public Works chooses not to issue or amend a permit under Subsection (2), The
Director of Public Works shall notify the affected industrial user in writing of the more stringent
discharge limits and their effective date. Regardless of whether or not a permit is issued or amended,
an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge
limits.
(4) The more stringent discharge limits cease to apply upon termination of the city's wholesale wastewater
contract or reciprocal agreement with the governmental entity, or upon modification or elimination of
the limits by the government entity or the United States Environmental Protection Agency. The Director
of Public Works shall take the appropriate action to notify the affected industrial user of an occurrence
under this Subsection (4).
C. Variances in compliance dates. The Director of Public Works may grant a variance in compliance dates to an
industry when, in The Director of Public Work's opinion, such action is necessary to achieve pretreatment or
corrective measures. In no case shall The Director of Public Works grant a variance in compliance dates to
an industry affected by national categorical pretreatment standards beyond the compliance dates established
by the United States Environmental Protection Agency.
D. Authority to regulate The Director of Public Works may establish regulations, not in conflict with this
Ordinance other laws, to control the disposal and discharge of industrial waste into the wastewater system and
to insure compliance with the city's pretreatment enforcement program with all applicable pretreatment
regulations promulgated by the United States Envirotunental Protection Agency. The regulations established
shall, where applicable, be made part of any discharge permit issued to an industrial user by The Director of
Public Works.
DIVISION 12 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Sec. 86 -154 In an action brought in federal court only:
Upset Provision
A. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable
control of the user. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
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B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical
pretreatment standards if the requirements of paragraph (C), below, are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence that
(1) An upset occurred and the user can identify the cause(s) of the upset,
(2) The facility was at the time being operated in a prudent and workman-like manner and in compliance
with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to The Director of Public Works within twenty-four
(24) hours of becoming aware of the upset, if this information is provided orally, a written submission
must be provided within five (5) days:
(a) A description of the indirect discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated
time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the
noncompliance.
D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden
of proof.
E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action
brought for noncompliance with categorical pretreatment standards.
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical
pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or
an alternative method of treatment is provided. This requirement applies in the situation where, among other
things, the primary source of power of the treatment facility is reduced, lost, or fails.
Sec. 86 -155 In an action brought in municipal or state court only:
Act of God Provision
A. An event that would otherwise be a violation that is caused solely by an act of God, war, strike, riot, or other
catastrophe is not a violation.
B. In any enforcement proceeding, the user seeking to establish the occurrence of an act of God, war, strike, riot,
or other catastrophe shall have the burden of proof.
In the event that A. and B. above has been demonstrated the user shall control production of all discharges to
the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is provided.
Sec. 86 -156 Bypass
A. For the purposes of this section:
(1) "Bypass' means the intentional diversion of wastestreams from any portion of a user's treatment facility.
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(2) "Severe property damage' means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
B. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be
violated, but only if it also is for essential maintenance to assure efficient operation These bypasses are not
subject to the provision of paragraphs (C) and (D) of this section.
C. (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to The Director of Public
Works, at least ten (10) days before the date of the bypass, if possible.
(2) A user shall submit oral notice to The Director of Public Works of an unanticipated bypass that exceeds
applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the
bypass. A written submission shall also be provided within five (5) days of the time the user becomes
aware of the bypass. The written submission shall contain a description of the bypass and its cause, the
duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the
anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The Director of Public Works may waive the written report on a case -by-
case basis if the oral report has been received within twenty -four (24) hours.
D. (1) Bypass is prohibited, and The Director of Public Works may take an enforcement action against a user
for a bypass, unless
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(b) 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
(c) The user submitted notices as required under paragraph (C) of this section.
(2) The Director of Public Works may approve an anticipated bypass, after considering its adverse effects,
if The Director of Public Works determines that it will meet the three conditions listed in paragraph
(D)(1) of this section.
DIVISION 13 - MISCELLANEOUS PROVISIONS
See. 86 -157 Pretreatment Charges and Fees
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 such applications,
2. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and
analyzing a user's discharge, and reviewing monitoring reports submitted by users;
3. Fees for reviewing and responding to accidental discharge procedures and construction;
4. Fees for filing appeals, and
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5. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees
relate solely to the matters covered by this ordinance and are separate from all other fees, fines, and
penalties chargeable by the City.
6. Fees for treating abnormal strength wastes
Fees incurred from an upset, bypass or unauthorized discharge.
B. Surcharge
The city may surcharge industrial users for the treating of abnormal strength wastes. Water or wastes having
1) a five day biochemical oxygen demand greater than two hundred fifty (250) parts per million (ppm) by
weight or 2) containing more than two hundred fifty (250) parts per million by weight of total suspended solids
shall be subject to the review and approval of The Director of Public Works. Where The Director of Public
Works has approved the admission of (1) or (2) above into the POTW, that discharge may be subject to a
surcharge as determined by The Director of Public Works. In no case shall a discharge be accepted that will
prevent the POTW from meeting it's limits.
The surcharge will be assessed according to the following formula each month using the most current pollutant
concentration data and the current months' wastewater flow:
Surcharge Q_ x [a(BOD - 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
BOD = measured amount of BOD, in mg/l
TSS = measured amount of TSS, in mg/l
A surcharge is an additional charge by the POTW for the increased cost of handling discharge of unusual
strength and character and shall not serve as a variance to the requirements of this ordinance. Exercise of this
provision shall not be a bar to, or a prerequisite for, taking any other action against the user.
SECTIONS 86- 158...86 -160 RESERVED
SECTION 2
SAVING CLAUSE. That applicable chapters of the Code of Ordinances, City of Euless, Texas, as amended, shall remain
in full force and effect, save and excepted as amended by this ordinance.
SEVERABIIITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
Us ordinance shall be declared invalid of unconstitutional by the valid judgment or decree of nay court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect any of 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 any such invalid or unconstitutional phrase, clause, sentence, paragraph or section.
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EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as
provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND APPROVED ON THE FIRST AND FINAL READING on the 11`° day of February, 2003, at
a regular meeting of the City Council of Euless, Texas, by a vote of 6 ayes, 0 nays, and 0 abstentions.
APPROVED:
Mary Lib S h, ayor
ATTEST:
7
at Crim, CMC City Secretary
APPROVED AS TO FORM:
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