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HomeMy WebLinkAbout795 06-12-1984ORDINANCE NO. 795 AN ORDINANCE AMENDING ORDINANCE NO. 568 & 578 IN THEIR ENTIRETY REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREIN; ESTABLISHING THE GENERAL PROVISIONS REGARDING THE DISCHARGE OF WASTEWATER IN THE CITY OF EULESS; ESTABLISHING REGULATIONS IDENTIFYING THE GENERAL DISCHARGE PROHIBITIONS AND REQUIREMENTS; ESTABLISHING FEES TO BE CHARGED FOR WATER AND SEWER; ESTABLISHING AN ADMINI- STRATIVE PROCEDURE INCLUSIVE OF PERMITTING, REPORTING, MON- ITORING AND INSPECTION OF CERTAIN USERS; ESTABLISHING AN ENFORCEMENT PROCEDURE BY WHICH THE PROVISIONS OF THIS ORDINANCE CAN BE ENFORCED; PRESCRIBING A PENALTY FOR VIOLATION HEREOF; PROVIDING FOR PUBLICATION; SERVABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless has been advised by the Trinity River Authority, (T.R.A.) and the Environmental Protection Administration, (E.P.A.) that it will be necessary for the City of Euless to amend its ordinances to provide for specific industrial wastewater discharge permitting requirements to conform to certain standards established by certain departments of the United States government; and, WHEREAS, the City of Euless has a contract with T.R.A. to do all things required to enable T.R.A. to comply with federal grant regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS; SECTION 1 - GENERAL PROVISIONS 1.1 Purpose and Policy This ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City of Euless and enables the City to comply with all applicable State and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403). The objectives of this ordinance are: (a) To prevent the introduction of pollutants into the municipality wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; (b) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; (c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and (d) To provide for equitable distribution of the cost of the municipal wastewater system. This ordinance provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain non - domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This ordinance shall apply to the City of Euless and to persons outside the City who are, by contract or agreement with the City, Users of the City POTW. Except as otherwise provided herein, the Superintendent of the City POTW shall administer, implement, and enforce the provisions of this ordinance. 1.2 Definitions Unless the context specifically indicates otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated: (1) Act or "the Act ". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. (2) Approval Authority. The Administrator of the EPA in a non -NPDES state or NPDES state without an Approved State Pretreatment Program. (3) Authorized Representative of Industrial User. An authorized representative of an Industrial User may be: (1) a principal executive officer of at least the level of vice - president, if the Industrial User is a corporation; (2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. (4) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 200 centigrade expressed in terms of weight and concentration (milligrams per liter (mg /1)). (5) Building Sewer. A sewer conveying wastewater from the premises of a User to the POTW. (6) Categorical Standards. National Categorical Pretreatment Standards or Pre- treatment Standard. (7) City. The City of Euless or the Euless City Council. (8) Cooling Water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. (9) Control Authority. The term "control authority" shall refer to the "Approval Authority ", defined hereinabove; or the Superintendent if the City has an approved Pretreatment Program under the provisions of 40 CFR, 403.11. (10) Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Texas. (11) Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency. (12) Grab Sample. A sample which is taken from a waste stream on a one -time basis with no regard to the flow in the waste stream and without consideration of time. (13) Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum -pump tank trucks. (14) Indirect Discharge. The discharge or the introduction of non - domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). (15) Industrial User. A source of Indirect Discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402, of the Act. (33 U.S.C. 1342) (16) Interference. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City's NPDES Permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. (17) National Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Users. (18) National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. (19) New Source. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard. (20) National Pollution Discharge Elimination System or NPDES Permit. A permit issued pursuant to section 402 of the Act (33 U.S.C. 1342). (21) 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. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. (22) pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. (23) Pollution. The man -made or man- induced alteration of the chemical, physical, biological, and radiological integrity of water. (24) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, snad, cellar dirt and industrial, municipal, and agricultrual waste discharged into water. (25) Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant, or properties in wastewater to a less harmful state prior to or in lieu of discharging otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes„ or process changes other means, ecept as prohibited by 40 CFR Section 403.6(d). (26) Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user. (27) Publicly Owned Treatment Works (POTW). A treatment works as defined by section 212 of the Act, (33 U.S.C. 1292). This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or tother conveyances not connected to a facility providing treatment. For the purposes of this ordinance, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW. (28) POTW Treatment Plant. That portion of the POTW designed to provide treatment to wastewater. (29) Shall is mandatory: May is permissive. (30) Significant Industrial User. Any industrial User of the City's wastewater disposal system who meets at least one of the following criteria: (i) Average industrial wastewater discharge rate greater than 50,000 gpd.; (ii) BOD and /or suspended solids concentrations in industrial wastewater greater than 250 mg /1. (iii) Industrial category regulated by National Pretreatment Standards as prom- ulgated by the United States Environmental Protection Agency. (31) State. State of Texas. (32) Standard Industrial Classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. (33) Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. (34) Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. (35) Superintendent. The person designated by the City to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative. (36) Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of GWA 307(a) or other Acts. (37) User. Any person who contributes, causes or permits the contribution of wastewater into the City's POTW. (38) Wastewater. The liquid and water- carried industrial or domestic wastes from dwellings, commercial building, industrial faciltities, and institutions, together with may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. (39) Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof. (40) Wastewater Contribution Permit. As set forth in Section 4.2 of this ordinance. 1.3 Abbreviations The following abbreviations shall have the designated meanings: BOD - Biochemical Oxygen Demand. CFR - Code of Federal Regulations. COD - Chemical Oxygen Demand. EPA - Environmental Protection Agency 1 - Liter. mg - Milligrams. mg /l - Milligrams per liter. NPDES - National Pollutant Discharge Elimination System. POTW - Publicly Owned Treatment Works. SIC - Standard Industrial Classification. SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et. seq. USC - United States Code. TSS - Total Suspended Solids. SECTION 2 - REGULATIONS 2.1 General Discharge Prohibitions No User shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such Users of the POTW whether or not the User is subject to National Categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements. 2.1.1 It shall be unlawful for any person to discharge or cause to be discharged any polluted water or corrosive waste into any storm drain or watercourse within the City. 2.1.2 No person shall discharge or cause to be discharged any storm water, ground water, roof runoff, subsurface drainage, or drainage from down spouts, yard drains, yard fountains and ponds, or lawn sprays into any sanitary sewer, except as provided by the City code. Water from swimming pools, unpolluted industrial water, such as water drains, blow -off pipes, or cooling water from various equipment shall not be discharged into sanitary sewers. 2.1.3 No person shall discharge or cause to be discharged into any public sewer any of the following described substances, materials, waters or waste: (a) Any liquid having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade); (b) Any water or wastes which contain wax, grease, oil, plastic or other substance that will solidify, or become discernibly viscous at temperatures between 32 degrees to 150 degrees Fahrenheit; (c) Any solids, slurries or viscous substances of such character as to be capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the Wastewater System, such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshlings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues or bulk solids; (d) Any solids, liquids, or gases which by themselves or by interaction with other substances may cause fire or explosion hazards, or in any other way be injurious to persons, property, or the operators of the Wastewater System; (e) Any garbage that has not been properly comminuted or shredded; (f) Any noxious or malodorous substance, which either singly or by interaction with other substances is capable of causing objectionable odors, or hazard to life, or forms solids that will cause obstructions to flow, or creates any other condition deleterious to structures or treatment processes, or requires unusual provisions, alteration, or expense to handle such substance; (g) Any waters or wastes having a pH lower than 6.0, or higher than 10.0 or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the Wastewater System; (h) Any wastes or waters containing suspended or dissolved solids of such character and quantity that unusual attention or expense is required to handle such materials in the Wastewater System; (i) Any waters or wastes containing a toxic or poisonous substance, such as plating or heat - treating wastes, in sufficient quantity to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, or to create any hazard in the receiving waters of the Wastewater Treatment Plant; (j) Any wastes or waters exceeding the concentrations listed below: Pollutant Maximum Allowable Concentration (mg /1) Antimony 0.010 Arsenic 0.100 Barium 2.000 Beryllium 0.010 Bismuth 0.500 Boron 1.000 Cadmium 0.100 Chromium (total) 3.500 Cobalt 1.000 Copper 2.500 Cyanides 1.000 Fluorides 1.500 Hydrogen Sulfide 0.100 Lead 2.000 Manganese 3.500 Mercury 0.005 Molybdenum 1.000 Nickel 1.500 Phenol 0.005 Selenium 0.020 Silver 0.100 Tin 1.000 Uranyl -ion 5.000 Zinc 2.500 Cyanides or Cyanogen Compounds 0.200 (capable of liberating hydrocyanic gas on acidification) Total Toxic Organics 1.000 t (k) Free or emulsified oil and grease exceeding, on analysis, an average of 100 mg /l (834 pounds per million gallons) of either, or both, or combinations of free or emulsified oil and grease, if, in the opinion of the superintendent it appears probable that such wastes: 1. Can deposit grease or oil in the sewer lines in such manner to clog the sewers; 2. Can overload skimming and grease handling equipment; 3. Are not amenable to bacterial action or other treatment processes then being employed by Authority and will, therefore, pass to the receiving waters without being affected by normal wastewater treatment pro- cesses; or, 4. Can have deleterious effects on the treatment process due to excessive quantities; (1) Any radioactive wastes greater than the allowable releases as specified by current United States Bureau of Standards handbooks dealing with the handling of and release of radioactivity; (m) Cyanides or cyanogen compounds capable of liberating hydrocyanic gas on acidification in excess of 0.2 mg /l by weight (as CN); (n) Materials which exert or cause: 1. Unusual concentrations of solids or compounds; as, for example, in total SS of inert nature (such as Fuller's Earth) and /or in total dissolved solids (such as sodium chloride or sodium sulfate); 2. Excessive discoloration; 3. Unusual BOD or immediate oxygen demand. When the Superintendent determines that a User(s) is contributing to the POTW, any of the above enumerated substances in such amounts as to Interfere with the operation of the POTW, the Superintendent shall: 1) Advise the User(s) of the impact of the contribution on the POTW; and 2) Develop effluent limitation(s) for such User to correct the Interference with the POTW. 2.2 Federal Categorical Pretreatment Standards Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance. The Superintendent shall notify all affected Users of the applicable reporting requirements under 40 C F R, Section 403.12. When the Superintendent determines that a User(s) is contributing to the POTW, any of the above enumerated substances in such amounts as to Interfere with the operation of the POTW„ the Superintendent shall: 1) Advise the User(s) of th impact of the contribution on the POTW; and 2) Develop effluent limitation(s) for such User to correct the Interference with the POTW. 2.2 Federal Categorical Pretreatment Standards Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this Ordinance. The Superintendent shall notify all affected Users of the applicable reporting requirements under 40 CFR, Section 493.12.. 2.3 Modification of Federal Categorical Pretreatment Standards Where the City's wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to the Approval Authority for modification of specific limits in the Federal Pretreatment Standards. "Consistent Removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system 95 percent of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of (Title 40 of the Code of Federal Regulations, Part 403) - "General Pretreatment Regulations for Existing and New Sources of Pollution" promulgated pursuant to the Act. The City may then modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled and prior approval from the Approval Authority is obtained. 2.4 State Requirements State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this ordinance. 2.5 City's Right of Revision The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Section 1.1 of this Ordinance. 2.6 Excessive Discharge Unless specifically approved by the superintendent, no User shall 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 the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant- specific limitation developed by the city or State. Specific approval of the superintendent may be made only when dilution is an acceptable means of complying with the prohibitions set forth in Section 2.1, e.g. the pH prohibition. 2.7 Accidental Discharges Each User shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. All existing Users shall complete such a plan by January 1, 1983. No User who commences contribution to the POTW after the effective date of this ordinance shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Ordinance. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. Written Notice: Within five (5) days following an accidental discharge; the User shall submit to the Superintendent a detailed written report describing the cause 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, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. Notice to Employees: 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 dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. SECTION 3 - FEES 3.1 Purpose It is the purpose of this chapter to provide for the recovery of costs from Users of the City's water and wastewater disposal system for the implementation of the program established herein. 3.2 General 3.2.1 Water Deposits All applicants for water service will be required to make a meter deposit (payment security deposit) for each water service connection; such deposit to remain with the City throughout the term of the service contract. (a) Deposit for residential customers who have not been disconnected for non - payment shall be $30.00. (b) Deposits for commercial customers shall not be less than $50.00 and shall be calculated to equal the multiple of $5.00 nearest the estimated average monthly billing for the particular type of customer involved. Calculation shall be based on water, sewer, and garbage monthly billing. (c) Deposits shall be refunded, or in the event a balance is due, applied against the final bill for services required upon termination of the contract. The City will not pay interest on meter deposit funds. 3.2.2 Location Changes Customer moving or changing locations must pay all debts from previous address before receiving service at new location. The deposit at an address cannot be changed to another name for the purpose fo receiving service without paying outstanding debts. 3.2.3 Theft of Citv Services It will be considered theft of City service to take water from the water sytem, or dump anything into the City sanitary sewer system unless all requirements of this Ordinance pertaining to City services are complied with. 3.2.4 Mayor's Emergency Power In the event of deficient water pressure or deficient water reserves, the Mayor is authorized and empowered without further Council action to declare by proclamation any measures deemed necessary to restore water pressure or reserves, including a total and complete prohibition of all outside water usage. 3.3 Water 3.3.1 Deposits - Duplex, Multi- Family Each family living unit shall be considered to be a separate water and /or sewer customer. The deposit shall be $30.00 per unit. 3.3.2 Service Connections Hotels, motels, office buildings, tourist courts, trailer parks, duplex and apartment buildings shall be allowed more than one unit per water meter. All other customers must have one meter and one sewer connection per residence, business, or consumer. 3.3.3 Billing Each month's charges shall be due and payable on or before the tenth (10th) day after the date of the bill; in the event such charges are not paid within ten (10) days from the date of bill, a penalty shall be added in the amount of ten percent (10%) of the past due amount. Receipt of a check that is dishonored shall be deemed non - payment, and there shall be an additional bad check service charge. 3.3.4 Delinquency and Service Discontinuance In the event that any month's charges shall remain delinquent at the time of a subsequent billing, the user or customer with said delinquent account shall receive a Delinquent Notice to be mailed not later than ten (10) days after the preparation of the second or subsequent billing. The City Manager shall appoint a City Utility Hearing Officer who shall serve in that capacity at the pleasure of the City Manager. The City Utility Hearing Officer shall be empowered to resolve billing errors in advance of any scheduled date of service termination. Any user or customer shall be entitled to a pretermination hearing before the Utility Hearing Officer prior to the cutoff date specified in the Delinquent Notice. It will be the duty of the Utility Hearing Officer to determine that customers are not overcharged or charged with services not rendered. If the bill is not paid or other disposition made within fifteen (15) days of the date of the Delinquent Notice, water service will be terminated. 3.3.5 Reconnection of Service Where services have been disconnected for non - payment, there shall be a $5.00 charge for reconnection and $5.00 additional deposit, and full payment of outstanding bill before reconnection of service. 3.3.6 Connection Fee Prior to receiving service, each consumer shall, upon being connected to the system, pay the following connection fees: 3/4" Service Connection $100.00 Meter $ 45.00 1" Service Connection $125.00 Meter $ 95.00 1 -1/2" Service Connection $140.00 Meter $224.00 2" Service Connection $300.00 Meter $710.00 In case of material increase, installation shall not be less than material cost + 15 %. 3.4 Sanitary Sewer: 3.4.1 Sewer Connection Fees Sewer connection fees shall be paid solely for the privilege of connection to the system. The cost of installing such connection shall be borne by the user. The fee shall be $200.00 3.4.2 Schedule of Monthly Rates The schedule of monthly rates for water, sewer, abnormal sewage surcharge, and industrial cost recovery charge according to the following: Monthly Charges for Water Services for All Users: Within Corporate Limits $6.00 for first 2,000 gal. + $1.25 per thousand gals. thereafter; Outside Corporate Limits $10.00 for first 2,000 gals. + $1.25 per thousand gals. thereafter. 3.4.3 Sewer Service - Residential Sewer service charge for residential customers shall be based on 900/6 of metered water. Sewer service charges on 90% metered water shall not exceed 12,000 gallons per billing period per living unit. Within Monthly Corporate Limits Minimum per $3.20 + 90% MW at living unit $1.05 per 1,000 gal. Outside Corporate Limits $8.00 + 90% MW at $1.05 per 1,000 gal. 3.4.4 Sewer Service - Commercial and Industrial Commercial and industrial sewer charges shall be based on 100% of metered water. The rates are monthly minimum within city limits - $3.20 + $1.05 per 1,000 gallons; monthly minimum outside city limits - $8.00 + $1.05 per 1,000 gallons of metered water. The following provisions apply to all commercial and industrial customers. (a) Customers that show proof that a significant portion of metered water does not enter sanitary sewer shall not be billed for that portion that does not enter sanitary sewer. (b) Monitored Group Class customers shall be billed according to Section 2.14. (c) Industrial Cost Recovery Group shall be billed according to Section 2.13 plus the additional charges in Section 3.03 as required. 3.5 Monitored Group 3.5.1 Monitored Group Class The superintendent shall establish a monitored group class, consisting of those customers whose wastewater strength is, in his judgment, abnormally high or low, and charges to customers in this class shall be computed in accord with the following five part rate schedule: Monitored Group Customer Monthly Service Charge Volume Charge Strength Charge Suspended Solids Strength Charge Monitoring Charge $3.20 $1.05 per 1,000 gallons B.O.D. $.0392 per pound of B.O.D. $.0139 per pound of Suspended Solids 100% of Total Cost to City of Euless The monitoring charge shall consist of all cost for personnel, material, and equipment used to collect and analyze samples from the customer waste- water to determine the strength of the wastewater produced. The monitored customer's wastewater shall be tested a minimum of once per year, but may be tested on a more frequent basis if deemed necessary by the superin- tendent or if the monitored customer requests more frequent testing. This schedule shall replace all other charges previously made for industrial waste strength. 3.5.2 Sewage Service - Outside City Limits No sewer service shall be provided to any customer outside the City except on specifically expressed consent by the City Council. 3.5.3 Water Metering or Wastewater Metering Required All customers connected to the sanitary sewage system who have a source of water supply that is in addition to, or in lieu of, the City of Euless Water Supply must have a meter approved and tested by the City of Euless on that source of water supply and the volume charge as set forth hereinbefore shall be based on the sum of the volumes delivered by all sources of supply. Such method of volume determination will not be applicable if the customer installs a meter approved by the City of Euless on the wastewater produced by the customer before it enters the City sanitary sewer. 3.6 Industrial Cost Recovery 3.6.1 Construction Costs In providing a waste treatment system which includes the treatment of industrial wastes, either independently or in conjunction with other wastes, the Euless Water Department shall have the authority to collect from such industrial users all or any part of the construction costs of such waste treatment system reasonably attributed to such industrial wastes. The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee, periodic charges, or in other manners or combinations thereof as in the judgment of the Director of Public Works is equitable and will assure such industrial cost recovery. Implementation of industrial cost recovery shall be contingent on notification of apportionment and actual billing by the Trinity River Authority and as mandated by state or federal requirements. 3.6.2 Industrial User An industrial user is any non - governmental user of the City of Euless sanitary sewage system, identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supple- mented, under the following divisions: Division A - Agriculture, Forestry and Fishing Division B - Mining Division D - Manufacturing Division E - Transportation, Communications, Electric, Gas and Sanitary Services Division I - Services Any industrial user may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. 3.6.3 Annual Recovery The annual amount to be recovered from each industrial user shall be predicated on the following formula: [(G x A /D) + (H x B /E) + (I x C /F)] /J = Annual Payment ($ /Year) where: A = Eligible Federal Grant allocable to flow (Q) in dollars. B = Eligible Federal Grant allocable to B.O.D., in dollars. C = Eligible Federal Grant allocable to S.S., in dollars. D = Total design flow (Q), in 1,000 gal. /day. E = Total design B.O.D., in lbs. /day. F = Total design S.S., in lbs. /day. G = Industrial Users' flow discharge to system, in 1,000 gal /day. H = Industrial Users' B.O.D., discharge to system, in lbs. /day. I = Industrial Users' S.S. discharge to system, in lbs. /day. J = Amortization period = 30 years. 3.6.4 Annual Payment For the purpose of computing the Industrial User's annual payment, a cost recovery period of thirty (30) years is hereby established. 3.6.5 Monthly Billing The industrial user shall be billed monthly on the basis of his computed annual Industrial Cost Recovery Payment divided by twelve (12). 3.6.6 Industrial Cost Recovery Fund Funds collected under Industrial Cost Recovery shall be deposited into a special fund entitled "Industrial Cost Recovery Fund," which is hereby established. On an annual basis 100 percent of the amounts recovered, together with interest earned thereon, shall be returned to the governmental agency responsible for treatment of such industrial waste. 3.6.7 Annual Review Industrial users shall be reviewed annually by the City of Euless for qualtity and strength of waste, and Industrial Cost Recovery adjusted accordingly. SECTION 4 - ADMINISTRATION 4.1 Wastewater Dischargers It shall be unlawful to discharge without a City permit to any natural outlet within the City of Euless, or in any area under the jurisdiction of the City, and /or to the POTW any wastewater except as authorized by the Superintendent in accordance with the provisions of this Ordinance. 4.2 Wastewater Contribution Permits 4.2.1 General Permits All significant users proposing to connect to or to contribute to the POTW shall obtain a Wastewater Discharge Permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a Wastewater Contribution Permit within 180 days after the effective date of this Ordinance. 4.2.2 Permit Application Users required to obtain a Wastewater Contribution Permit shall complete and file with the City, an application in the form prescribed by the City, and 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 Ordinance, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: (a) Name, address, and location, (if different from the address), (b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (c) Wastewater constituents and characteristics including but not limited to those mentioned in Section 2 of this Ordinance as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; (d) Time and duration of contribution; (e) Average daily land 30 minute peak wastewater flow rates, including daily, monthly and seasonal variation, if any; (f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation; (g) Description of activities, facilities and plant processes on the premises including all material which are or could be discharged; (h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State, or Federal Pre- treatment Standards, and a statement regarding whether or not the 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 for the User to meet applicable Pretreatment Standards; (i) 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. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard: The following conditions shall apply to this schedule: (1) The schedule shall contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). (2) No increment referred to in paragraph shall exceed 9 months. (3) Not later than 14 days following each date in the schedule and the final date for compliance, the User shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the User to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Superintendent. (j) Each product produced by type, amount, process or processes and rate of production; (k) Type and amount of raw materials processed (average and maximum per day); (1) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; (m) Any other information as may be deemed by the City to be necessary to evaluate the permit application. The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a Wastewater Contribution Permit subject to terms and conditions provided herein. 4.2.3 Permit Modifications Within 9 months of the promulgation of a National Categorical Pretreat- ment Standard, the Wastewater Contribution Permit of Users subject to such standards shall be revised to require compliance with standard within the time frame prescribed by such standard. Where a User, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Contribution Permit as required by 4.2.2, the User shall apply for a Wastewater Contribution Permit within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard. In addition, the User with an existing Wastewater Contribution Permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by paragraph (h) and (i) of Section 4.2.2. 4.2.4 Permit Conditions Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other applicable regulations, user charges and fees established by the City. Permits may contain the following: (a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer; (b) Limits on the average and maximum wastewater constituents and char- acteristics; (c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization. (d) Requirements for installation and maintenance of inspection and sampling facilities; (e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (f) Compliance schedules; (g) Requirements for submission of technical reports or discharge reports (see 4.3); (h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto; (i) Requirements for notification of the City or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system. (j) Requirements for notification of slug discharges as per 5.2; (1) Other conditions as deemed appropriate by the City to ensure compliance with this Ordinance. 4.2.5 Permits Duration Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Section 2 are modified or other just cause exists. The User shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 4.2.6 Permit Transfer Wastewater Discharge Permits are issued to a specific User for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new User, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or User shall also comply with the terms and conditions of the existing permit. 4.3 Reporting Requirements for Permittee 4.3.1 Compliance Date Report Within 90 days following the date for final compliance with applicable Pre- treatment Standards or, in the case of a New Source, following com- mencement in the case of a New Source, following commencement of the introduction of wastewater into the POTW, any User subject to Pre- treatment Standards and Requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and Requirements and the average and maximum daily flow for these process units in the User facility which are limited by such Pretreatment Standards or Requirements. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O &M and /or pretreatment is necessary to bring the User into compliance with the applicable Pre- treatment Standards or Requirements. This statement shall be signed by an authorized representative of the Industrial User, and certified to by a qualified professional. 4.3.2 Periodic Compliance Reports (1) Any User subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the Pretreatment Standard or by the superintendent, a report indicating the nature and concentration, of pollutants in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in paragraph (b) (4) of this section. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are to be submitted. (2) The Superintendent may impose mass limitations on Users which are using dilution to meet applicable Pretreatment Standards or Require- ments, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subparagraph (1) of this paragraph shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the User. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable Pretreat- ment Standard. All analysis shall be performed in accordance with procedures established by the approval authority pursuant to Section 304(8) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Approval Authority Sampling shall be performed in accordance with the tech- niques approved by the Approval Authority. 4.4 Monitoring Facilities The City shall require to be provided and operated at the User's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and /or internal drainage systems. The monitoring facility should normally be situated on the User's premises, but the City may, when such a location would be impractical or cause undue hardship on the User, allow the facility to be construction in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the User. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction standards and specifications. Construction shall be completed within 90 days following written notification by the City. 4.5 Inspection and Sampling The City shall inspect the facilities of any User to ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. EJPA shall have the right to set up on the User's property such devices as are necessary to conduct sampling inspection, compliance monitoring and /or metering operations. Where a User has security measures in force which would require proper identification and clearance before entry into their premises, the User shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, Approval Authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 4.6 Pretreatment Users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the User's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this Ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes. The City shall annually publish in the Mid- Cities Daily News a list of the Users which were not in compliance with any Pretreatment Requirements or Standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All records relating to compliance with Pretreatment Standards shall be made available to officials of the EPA or Approval Authority upon request. 4.7 Confidential Information Information and data on a User obtained from reports, questionnaires permit applications, permits and monitoring programs and from inspections shall be available to the public or to the governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the User. When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related to this Ordinance, the National Pollutant Discharge Elimination System ( NPDES) Permit, State Disposal System permit and /or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten -day notification is given to the User. SECTION 5 - ENFORCEMENT 5.1 Harmful Contributions The City may suspend the wastewater treatment service and /or a Wastewater Contribu- tion Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES Permit. Any person notified of a suspension of the wastewater treatment service and /or the Wastewater Contribution Permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the Wastewater Contribution Permit and /or the wastewater treatment service upon proof of the elimination of the non - complying discharge. A detailed written statement submitted by the User describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within 15 days of the date of occurrence. 5.2 Revocation of Permit Any User who violates the following conditions of this Ordinance, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of Section 5 of this Ordinance: (a) Failure of a User to factually report the wastewater constituents and characteristics of his discharge; (b) Failure of the User to report significant changes in operations, or wastewater constituents and characteristics; (c) Refusal of reasonable access to the User's premises for the purpose of inspection or monitoring; or, (d) Violation of conditions of the permit. 5.3 Notification of Violation Whenever the City finds that any User has violated or is violating this Ordinance, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the User. 5.4 Show Cause Hearing 5.4.1 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 enforcement 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 (10) days before the hearing. Service may be made on any agent or officer of a corporation. 5.4.2 5.4.3 5.4.4 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: (a) 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; (b) Take the evidence; (c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon. At any hearing held pursuant to this Ordinance, 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. 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 on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. 5.5 Legal Action If any person discharges, sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this Ordinance, Federal or State Pretreatment Requirements, or any order of the City, the City Attorney may commence an action for appropriate legal and /or equitable relief in the District Court of this county. SECTION 6 - PENALTY:COSTS 6.1 Civil Penalties Any User who is found to have violated an Order of the City Council or who willfully or negligently failed to comply with any provision of this Ordinance, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than One Hundred Dollars ($100.00) (optional) nor more than One Thousand Dollars ($1,000.00) for each offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this Ordinance or the orders, rules, regulations, and permits issued hereunder. 6.2 Falsifying Information Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Ordinance, or Wastewater Contribution Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six (6) months, or by both. SECTION 7 - SEVERABILITY If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect. SECTION 8 - CONFLICT All other Ordinances and parts of other Ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. SECTION 9 - EFFECTIVE, DATE This Ordinance shall be in full force and effect from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 22nd day of May , 1984, by a vote of 4 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING PASSED, AND APPROVED at a regular meeting of the Euless City Council on the Q abstentions. 12th day of June , 1984, by a vote of �z ayes, Q nays, and APPROVED: 2/� S ,z Harold D. Samuels, Nlayor ATTEST: G.l /%c iG- Kay Rainey, Cityi, cretary APPROVED A 'O FORM: i y Attorney ORDINANCE NO. 795