HomeMy WebLinkAbout578 07-10-1979ORDINANCE NO. 578
AN ORDINANCE AMENDING ORDINANCE NO. 568 BY ADDING DEFI-
NITIONS TO SECTIONS I THEREOF; ESTABLISHING ADDITIONAL
RULES AND REGULATIONS FOR DISPOSAL OF HAZARDOUS METALS
BY AMENDING SECTION 4.03 G (3) THEREOF; PROVIDING A
SEVERABILITY CLAUSE; A PENALTY; AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Euless, Texas has been
advised by the Texas Department of Water Resources that additional
controls must be added for disposal of Hazardous Metals, and
WHEREAS, the City of Euless must comply with all Texas Department
of Water Resources regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION I - "Definitions is amended by adding the following new
sections.
SECTION 1.47 - "Hazardous Metals" includes each of the following
metals in its elemental state and any of its compounds expressed as
that metal: arsenic, barium, cadmium, chromium, copper, lead, mang-
anese, mercury, nickel, selenium, silver, and zinc.
SECTION 1.48 - "Inland Waters" shall include all surface waters
in the State other than "Tidal Waters" defined below.
SECTION 1.49 - "Tidal Waters" shall mean those waters of the Gulf
of Mexico within the jurisdiction of the State of Texas, bays and
estuaries thereto, and those portions of the rider systems which are
subject to the ebb and flow of the tides, and to the instrusion of
marine waters.
SECTION 1.50 - "Average Quality" means the arithmetic average
(weighted by flow value) of all the daily determinations of concen-
trations made during a calendar month. Daily determinations of
concentrations made using a composite sample shall be the concentration
of the composite sample. When grab samples are used, the daily
determination of concentration shall be the arithmetic average
(weighed by flow value) of all the samples collected during the
calendar day.
SECTION 1.51 - "Daily Composite Quality" means the concentration
of a sample consisting of a minimum of three grab samples of effluent
collected at regular intervals over a normal operating day and combined
propertional to flow over a normal operating day.
SECTION 1.52 - "Grab Sample Quality" means the concentration of
an individual sample of effluent collected in less than fifteen (15)
minutes.
TI.
SECTION 4.03 G (3) is amended by adding the following:
SECTION 4.03 G - 3a -- Quality Levels - Inland Waters - The allowable
concentration of each of the hazardous metals, stated in terms of
milligrams per liter (mg /1), for discharge to inland water are as
follows..
NOT TO EXCEED
DAILY GRAB
METAL AVERAGE COMPOSITE SAMPLES
Arsenic
0.1
0.2
0.3
Barium
1.0
2.G.
4.0
Cadmium
0.05
0.1
0.2
Chromium
0.5
1.0
2.0,
Copper
0.5
1.0
2.0
Lead
0.5
1.0
1.5
Manganese
1.0
2.0
3.0
Mercury
0.005
0.005
0.01
Nickel.
1.0
2.0
3.0
Selenium
0.05
0.1
0.2
Silver
0.05
0.1
0.2
Zinc
1.0
2.0
6.0
SECTION 4.03 G -3b - Quality Levels - Tidal Waters - The allowable
concentrations of each of the hazardous metals, stated in terms of
milligrams per liter (mg /1)..for discharge to tidal waters are as
follows:
NOT TO EXCEED
DAILY G
METAL AVERAGE COMPOSITE SAMPLES
Aresenic
0.1
0.2
0.3
Barium
1:0
2.0
4.0
Cadmium
0.1
0.2
0.3
Chromium
0.5
1.0
5.0
Copper
0.5
1.0
2.0
Lead
0.5
1.0
1.5
Manganese
1.0
2.0
3.0
Mercury
0.005
0.005
0.01
Nickel
1.0
2.0
3.0
Selenium
0.1
0.2
0.3
Silver
0.05
0.1
0.2
zinc
1.0
2.0
6.0
SECTION 4.30 G -3c - Dilution Prohibited - The attainment of the
specified levels simply by dilution, in the absence of treatment (that
is, by tire n-r Pxtraneous or other wastewater intermixed to dilute a
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i.
particular discharge) is specifically prohibited. The mercury level
in the effluent stream from the facility in which a waste containing
mercury originates shall be measured after treatment and before any
extraneous water or wastewater from any source has been added.
SECTION 4.03 G -3d- Sampling and Analysis - Test procedures for
the analyses of hazardous metals shall comply with any procedures
specified in the rules or regulations of the Board and shall conform
to regulations published pursuant to Section 3.04 (g) of the Federal
Water Pollution Control Act Amendments of 1972. In the event a question
arises concerning sampling and analysis, the Executive Director shall
authorize or approve the method or methods of sampling and analysis
to be used in measuring or calculating the quantity of a hazardous
metal in an effluent.
SECTION 4.03 G -3e- Toxic Pollutant - The Commission may require
more stringent quality levels than those set forth in rules 4.03 G 3a
and 4.03 G 3b of this subchapter where necessary to insure protection of
the water in the State.
SECTION 4.03 G -3f- Groundwater Protection - This rule is directed
towards discharges into surface waters in the State. Nevertheless, the
Board is equally interested in protection of the quality of groundwater
resources. It is the intention of the Board to apply the terms of this
subchapter where practicable and necessary, in order to protect the
quality of groundwaters.
SECTION 4.03 G -3g- Where
Where waste discharge permits
the hazardous metals named in
in rules 4.03 G -3a and 4.03 G
the particular discharge with
specifically regulated in the
Waste Discharge Permits Do Specify -
specify effluent limitations for any of
this subchapter, the quality levels stated
-3b of this subchapter shall not -apply to
respect to the particular metals
correspondence waste discharge permit.
SECTION 4.03 G -3h- Waste Discharge Permit Amendment - Every waste
discharge permit which is in effect on December 31, 1975, is hereby
amended to incorporate the terms of this subchapter with respect to
each of the hazardous metals named in this subchapter except as pro-
vided in rule 4.03 G -3g, above. In all waste discharge permits which
the Commission may issue or amend the quality levels specified in
this subchapter -shall apply where the Commission does not establish
specific effluent limitations regulating the particular metal.
III.
Severability 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 this ordinance shall be
declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section.
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IV.
Penalty for Violation. Any person, firm or corporation violating
any of the terms and provisions of this Ordinance shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined
in an amount not to exceed $200.00. Each such violation shall be
deemed a separate offense and shall be punishable as such hereunder.
V.
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 GIVEN FIRST READING at a regular meeting of the
Euless City Council on the 26th day of June, 1979; by a vote of
5 ayes, 0 nays and 0 abstentions; GIVEN SECOND. READING, PASSED AND
APPROVED at a regular meeting of the Euless City Council on the 10th
day of July, 1979, by a vote of 5 dyes, 0 nays, and 0 abstentions.
ATTEST:
Della Houy, City Secre ry
APPROVED AT TO FORM:
M. Robert cFarlan ,
City Attorney
APPROVED:
Haro d Samuels, Mayor
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