HomeMy WebLinkAboutOrdinance 1773
ORDINANCE NO. 1773
AN ORDINANCE REQUIRING PERMITS TO DISCHARGE INDUSTRIAL
WASTE INTO THE NORTH RICHLAND HILLS SANITARY SEWER
SYSTEM; AUTHORIZING THE DIRECTOR OF THE NORTH RICHLAND
HILLS PUBLIC WORKS/UTILITIES DEPARTMENT TO PROMULGATE
REGULATIONS PERTAINING TO SUCH PERMITTING, PROVIDING FOR
DEFINITIONS, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF
THE NORTH RICHLAND HILLS CITY CODE IN CONFLICT HEREWITH;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY;
ENGROSSING AND ENROLLING THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION I - DEFINITIONS
When used in this Ordinance, these terms shall be defined as follows:
Abnormal Sewage: Any industrial waste discharged into the
Authority's sanitary sewer which, when analyzed, shows by weight a
Total Suspended Solids (TSS) concentration greater than 240 mg/L or a
Biochemical Oxygen Demand (BOD) concentration greater than 210 mg/L.
In addition, the Authority may judge independently a waste's
suitability for discharge to the POTW that requires additional
treatment, based upon BOD, TSS or other characteristics, as abnormal.
Any waste in this classification must be made acceptable for
discharge into the POTW as defined in this ordinance.
Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Assistant Director of utilities: Assistant Director of Utilities of
the City of North Richland Hills, or his authorized representative.
Authority:
The City of North Richland Hills, Texas.
Authorized Representative: Authorized representatives (Authorized
Signatories) for wastewater discharge permit applications and for
reports submitted under Section V, of this ordinance are:
A) A responsible corporate officer, if the discharger submitting
the application or report is a corporation. This includes the
president, vice-president, secretary or treasurer 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.
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B) The manager of one or more manufacturing, production or
operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25 million (in
second-quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance
with corporate procedures.
C) For a partnership or sole proprietorship, a general partner of
the proprietor, respectively.
D) The principal executive officer or director having
responsibility for the overall operation of the facility if the
discharger is a federal, state or local governmental entity, or
their agents.
E) A duly authorized representative of the individual designated
in A), B), C) or D) above if: a) the authorization is made in
writing by the individual described above in A), B), C), or D),
b) the authorization specifies either an individual or a
position having responsibility for the overall operation of the
facility from which the discharge originates (such as a plant
manager), or a position of equivalent responsibility, or having
overall responsibility for environmental matters for the
company, and c) the written authorization is submitted to the
City. If an authorization is no longer accurate because a
different individual or position has responsibility, a new
authorization must be submitted to the City prior to or
together with any reports signed by an authorized
representative.
Biochemical Oxygen Demand (B.O.D.): The quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard
laboratory procedure, as specified in "standard Methods", in five
days at twenty (20) degrees Centigrade, expressed as parts per
million by weight or in terms of milligrams per liter.
Bypass: The intentional diversion of waste streams or wastewater
from any portion of a discharger's wastewater treatment equipment or
pretreatment facility.
Categorical Pretreatment standards: Limitations on pollutant
discharges to POTW's promulgated by EPA in accordance with Section
307 of the Clean Water Act, that apply to specified process
wastewaters of particular industrial categories [40 CFR 403.6 and
Parts 405-471].
CFR: Code of Federal Regulations.
City: City of North Richland Hills, Texas.
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Ord. No. 1773
Composite Sample: A mixture of grab samples collected at the same
sample point at different times and composed of not less than four
samples. The series of samples may be collected on a time or flow
proportional basis.
A) Time Proportional Composite Sample - A sampling method which
combines discrete samples of constant volume collected at
constant time intervals (e.g., 200 milliliter samples collected
every half hour for a 24-hour period).
B) Flow Proportional Composite Sample - A sampling method which
combines discrete samples collected over time, based on the
flow of the waste stream being sampled. There are two methods
used to collect this type of sample. One method collects a
constant sample volume at time intervals which vary based on
the stream flow [e.g., 200 milliliters of sample collected for
every 5,000 gallons discharged]. The other method collects
samples of varying volume, based on stream flow, at constant
time intervals.
Cooling Water: The water discharged from any system of condensation
such as air conditioning, cooling, refrigeration or water used as a
coolant in cooling towers where the only pollutant is thermal.
Director: The Director of Public Works/Utilities of the City of
North Richland Hills, or his authorized representative.
Discharger: Any user discharging an effluent into a POTW by means
of pipes, conduits, pumping stations, force mains, constructed
drainage ditches, surface water intercepting ditches, intercepting
ditches, and all constructed devices and appliances appurtenant
thereto. The term includes owners and occupants of such premises.
EPA: Environmental Protection Agency of the federal government.
Garbage: Solid waste from domestic or commercial preparation,
cooking or dispensing of food or from the handling, storage, and sale
of produce.
Grab Sample: A sample which is taken from a waste stream on a one
time basis with no regard to the flow of the waste stream and without
consideration of time. The sample is collected over a period of time
not exceeding 15 minutes.
Industrial Waste: Solid, liquid or
industrial, manufacturing, trade,
development, recovery or processing
gaseous waste resulting from any
or business process or from the
of natural resources.
Interference: A discharge which, alone or in conjunction with a
discharge or discharges from other sources, both:
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A) Inhibits or disrupts the POTW, its treatment processes or
operations, or its sludge processes, use or disposal; and
B) Therefore is a cause of a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude or
duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory
provisions and regulations or permits issued thereunder (or
more stringent state or local regulations): Section 405 of the
Clean Water Act, the Solid Waste Disposal Act (SWDA) (including
Title II, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA), and including state
regulations contained in any state sludge management plan
prepared pursuant to Subtitle D of the SWDA, the Clean Air Act,
the Toxic Substances Control Act, and the Marine Protection,
Research and Sanctuaries Act.
Maximum Daily Average: The maximum concentration of a substance
allowed in a discharge as determined from a laboratory test of a
daily composite sample. When wastewaters are collected and stored for
more than a day prior to discharge, such as batch discharges, a
laboratory test of a grab sample of the stored wastewater may be used
to determine the maximum daily average concentration.
Maximum Grab: The maximum concentration of a substance allowed in a
discharge as determined from a laboratory test of a grab sample.
mg/L: Milligram per liter.
New Source: 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 building, structure, facility or installation totally
replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
C) The production or wastewater generating processes of the
building, structure, facility or installation are substantially
independent of an existing source at the same site. In
determining whether these are substantially independent,
factors such as the extent to which the new facility is
integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as
the existing source should be considered.
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D) 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 B) or C)
above but otherwise alters, replaces, or adds to existing
process or production equipment.
E) Construction of a new source as defined under this paragraph
has commenced if the owner or operator has;
1) Begun, or caused to begin as part of a continuous onsite
construction program;
a) Any placement, assembly, or installation of
facilities or equipment; or
b) 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
2) 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.
NPDES: National Pollutant Discharge Elimination System permit
program of the Environmental Protection Agency.
o and M (or O&M): Operation and Maintenance.
other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse,
ashes, garbage, offal, oil, tar, and all other substances except
sewage and industrial wastes.
OWner or Occupant: The person, firm, or public or private
corporation, using the lot, parcel of land, building or premises
connected to and discharging sewage, industrial wastewater or liquid,
into the sanitary sewage system of the City, and who pays, or is
legally responsible for the payment of, water rates or charges made
against the said lot, parcel of land, building or premises, if
connected to the water distribution system of the City, or who would
payor be legally responsible for such payment if so connected.
Pass Through: The discharge of pollutants through the POTW into
navigable waters in quantities or concentrations which are a cause of
or significantly contribute to a violation of any requirement of the
POTW's NPDES permit.
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Ord. No. 1773
Permit: Wastewater Discharge Permit, issued to non-domestic
dischargers of industrial waste into the sanitary sewerage system of
the POTW.
Person: Any individual, business entity, partnership, corporation,
governmental agency, political subdivision, or any agent or employee
thereof.
pH: The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, in grams per liter of solution, measured and
calculated in accordance with "Standard Methods".
POTW (Publicly OWned Treatment Works): Any sewage treatment plant
owned and operated by an entity other than a private industry and the
sewers, pipes and conveyances owned in whole or part by the Authority
that convey wastewater to the sewage treatment plant. This definition
includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial waste of
a liquid nature.
Pretreatment: The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater to a less harmful state prior to
or in lieu of discharging or otherwise introducing such pollutants
into the sanitary sewer.
Pretreatment Requirements: Any substantive or procedural requirement
related to pretreatment, other than a National Pretreatment Standard,
imposed on an industrial user.
Pretreatment standard: The term "National Pretreatment Standard,"
"Pretreatment Standard," or "Standard" means any regulation
containing pollutant discharge limits promulgated by the EPA in
accordance with section 307 (b) and (c) of the Act, which applies to
industrial users. This term includes prohibitive discharge limits
established pursuant to 40 CFR Part 403.5.
Sanitary Sewer: A publicly owned pipe or conduit designed to collect
and transport industrial waste and domestic sewage to the POTW.
Severe Property Damage: 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 be reasonably expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays
in production.
Sewage: Water-carried human wastes or a combination of water-carried
wastes from residences, business buildings, institutions and
industrial establishments, together with such ground, surface, storm
or other waters as may be present.
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Ord. No. 1773
Shall:
Is mandatory.
Significant Change: An increase or decrease in the volume of
wastewater discharged by more than 20 percent from the data submitted
in the permit application, or the deletion or addition of any
pollutant regulated by the Authority or by a categorical standard.
Volumes are those measured by the water service meter, a verifiable
estimate, or a permanently installed effluent flow meter approved by
the Authority.
Significant Industrial User(SIU): All industrial users subject to
categorical pretreatment standards and any other industrial user
that: discharges an average of 25,000 gallons per day or more of
process wastewater to a POTW (excluding sanitary, noncontact cooling
or boiler blowdown wastewater); contributes a process waste stream
which makes up 5 percent or more of the average dry weather hydraulic
or organic capacity of a POTW; or is designated as such by the
Authority on the basis that the industrial user has a reasonable
potential for adversely affecting a POTW's operation or for violating
any pretreatment standard or requirement. Upon a finding that a
noncategorical industrial user meeting the criteria for a significant
industrial user has no reasonable potential for adversely affecting a
POTW's operation or for violating any pretreatment standard or
requirement, the Authority may at any time on its own initiative or
in response to a petition received from a noncategorical industrial
user, determine such user is not a significant industrial user.
Slug or Slugload: Any substance (including Biochemical Oxygen
Demand) released in a discharge at a flow rate and/or concentration
which will cause a violation of the specific discharge prohibitions
in Section III ParagraphsB, D, or E of this ordinance or
hydraulically overload the sanitary sewer collection system. This
includes, but is not limited to an accidental spill or a
non-customary batch discharge.
Standard Methods: "Standard Methods for the Examination of Water and
Wastewater", a publication prepared and published jointly by the
American Public Health Association, American Waterworks Association
and the Water Pollution Control Federation, as it may be amended from
time to time.
Total Suspended Solids (TSS): Solids that either float on the
surface of, or in suspension in, water, sewage or other liquid and
which are removable by laboratory filtering.
Unpolluted Water or Waste: Any water or liquid waste containing none
of the following: phenols or other substances to an extent imparting
taste and odor in receiving waters; toxic or poisonous substances in
suspension, colloidal state or solution; noxious or odorous gases;
more than ten thousand (10,000) parts per million, by weight, of
dissolved solids, of which not more than twenty-five hundred (2500)
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Ord. No. 1773
parts per million are chloride; not more than ten (10) parts per
million each of TSS and B.O.D.; color not exceeding fifty (50) color
units; nor pH value of less than 5.0 nor higher than 12.0 and any
water or waste approved for discharge into a stream or waterway by
the appropriate state authority.
Upset: An exceptional incident in which a discharger unintentionally
and temporarily is in a state of noncompliance with the standards
established in this ordinance, due to factors beyond the reasonable
control of the discharger and excluding noncompliance to the extent
caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation thereof.
V.A.C.S.: Vernon's Annotated Civil statutes of the state of Texas.
Wastewater: Industrial waste, sewage or any other waste that has
been used by and discharged to the POTW from an industry, commercial
enterprise, household or other water consumer, including that which
may be combined with any groundwater, surface water or storm water.
SECTION II - PURPOSE AND POLICY
This ordinance provides for prohibitions on discharges of certain
substances into the public sewer system of the City from all sources,
domestic, commercial, or industrial. A further purpose of this
ordinance is to set forth uniform requirements for industrial
dischargers into the Authority's wastewater collection and treatment
systems, and to enable the Authority to protect the public health in
conformance with all applicable state and federal laws relating
thereto. Parts of this ordinance are enacted pursuant to regulations
established by the U. S. Environmental Protection Agency (EPA) as
set forth in 40 CFR Part 403.
All categorical pretreatment standards, lists of toxic pollutants,
industrial categories and other standards and categories which have
been or which will be promulgated by the EPA shall be incorporated as
a part of this ordinance, as will EPA regulations regarding sewage
pretreatment established pursuant to the Act, and amendment of this
ordinance to incorporate such changes shall not be necessary. The
Authority shall maintain current standards and regulations which
shall be available for inspection and copying.
The objectives of this ordinance are:
A) to prevent the introduction of pollutants into the Authority
wastewater system which will interfere with the normal
operation of the system, including interference with the use or
disposal of sludge, or contaminate the resulting sludge;
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B) to prevent the introduction of pollutants into the Authority
wastewater system which do not receive adequate treatment in
the POTW, and which will pass through the system into receiving
waters or the atmosphere or which are otherwise incompatible
with the system; and
C) to improve the opportunity to recycle or reclaim municipal and
industrial wastewaters and sludges.
The regulation of discharges into the Authority's wastewater system
under this ordinance shall be accomplished through the issuance of
permits, as specified in Section V herein, and by monitoring and
inspection of facilities, according to this ordinance.
The Director shall have the authority to promulgate such
administrative regulations as are from time to time necessary for the
enforcement of this ordinance.
SECTION III - DISCHARGE PROHIBITIONS AND LIMITATIONS
A. DISCHARGES TO STORM DRAINS AND WATERCOURSES
It shall be unlawful for any person to discharge or cause to be
discharged any wastewater into any storm drain or watercourse within
the City, except for those persons with approved permits for such
discharges.
B. PROHIBITED DISCHARGES
No person shall discharge or cause to be discharged any storm water,
groundwater, roof runoff, subsurface drainage or drainage from
downspouts, yard drains, yard fountains and ponds, or lawnsprays into
any sanitary sewer. Water from swimming pools, unpolluted industrial
water, or cooling water from various equipment shall not be
discharged into sanitary sewers if an alternate acceptable means of
disposal is available. If an alternate acceptable means of disposal
is not available, such water may be discharged into the sanitary
sewer provided the water is metered and meets the discharge
prohibitions and limitations of this ordinance.
C. PROHIBITED SEWER CONNECTIONS, INCLUDING TRUCKED
OR HAULED WASTEWATER
It shall be unlawful for any person to deposit or discharge into the
sanitary sewer any liquid or solid waste, including trucked or hauled
wastes, unless such deposit or discharge has been approved by the
Authority.
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Ord. No. 1773
D. PROHIBITED WASTEWATER CONSTITUENTS
No person shall contribute or cause to be discharged directly or
indirectly, into any public sanitary sewer any of the following
described substances, materials, water or waste:
1) Temperature - any liquid or vapor having a temperature
higher than one hundred fifty degrees (150') Fahrenheit
(65' degrees Centigrade);
2) Solidifying Substance - any water or waste which contains
wax, grease, oil, petroleum oil, nonbiodegradable cutting
oil, products of mineral oil origin, plastic or other
substance that will solidify or become discernibly
viscous at temperatures between thirty-two degrees (32')
to one hundred fifty degrees (150') Fahrenheit, thereby
contributing to the clogging, plugging or otherwise
restricting the flow of wastewater through the collection
system;
3) Explosive - pollutants which create a fire or explosion
hazard in the sewer system or POTW, including but not
limited to, waste streams with a closed cup flashpoint of
less than 140' degrees Fahrenheit or 60' degrees
Centigrade using the test methods specified in 40 CFR
Part 261.21. This includes flammable or explosive
liquids, solids or gases such as gasoline, kerosene,
benzene, naphtha, etc., which by reason of their chemical
properties or quantity may be sufficient, either alone or
by interaction, to cause fire or explosion.
4) Obstruction - solid or viscous substances in quantities
capable of causing obstruction in the flow in sewers or
other interference with proper operation of the POTW,
such as, but not limited to, ashes, cinders, asphalt,
concrete, cement, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, whole blood,
paunch manure, hair and fleshings, entrails, lime slurry,
lime residues, slops, chemical residues, paint residues,
or bulk solids;
5) Garbage - any garbage that has not been properly
comminuted or shredded to such a degree that all
particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no
particle greater than one-half (1/2) inch in any
dimension;
6) Gases - any noxious or malodorous liquid, gas, or solid
which can form a gas which, either singly or by
interaction with other wastes, is capable of causing a
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public nuisance, objectionable odors or hazards to life
or form solids in concentrations exceeding limits
established in this ordinance, or creates any other
condition deleterious to structures or treatment
processes, or requires unusual provisions, attentions or
expense to handle such material, or which may prevent
entry into the sewers for their maintenance and repair;
7) Sludge - any substance which may cause the POTW's
effluent or treatment residues, sludges, or scums, to be
unsuitable for reclamation and reuse or to interfere with
the reclamation process as determined pursuant to
criteria in this ordinance. In no case, shall a
substance discharged to the POTW cause the POTW to be in
noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 40S of
the Act or any criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to
the Solid Waste Disposal Act, the Resource Conservation
and Recovery Act, the Clean Air Act, the Toxic Substances
Control Act, or state standards applicable to the sludge
management method being used;
8) NPDES - any substance which will cause the POTW to
violate its NPDES or other disposal system permits, or
the receiving stream water quality standards;
9) Objectionable Color - any substance with objectionable
color not removed in the treatment process, such as, but
not limited to, dye wastes and vegetable tanning
solutions;
10) Slugload - any dump or slugload;
11) Hazard to human life - any wastewater which causes a
hazard to human life or creates a public nuisance;
E. WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged, directly or
indirectly, into any sanitary sewer any wastewaters containing or
having:
1) Fats, oils, and greases - free or emulsified fats, oils,
and greases exceeding 200 mg/L as determined by the freon
extraction analytical procedure. A concentration of
SOO mg/L is allowable providing the Authority has
specifically determined that the waste: a) derives from
animal or vegetable materials; b) biodegrades readily in
the POTW; c) does not cause an obstruction of flow in the
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Ord. No. 1773
sewer line; and d) the discharge is pretreated by
discharge through an approved grease trap or other
pretreatment process.
2) Acids or alkalies - acids or alkalies capable of causing
damage to sewage disposal structures or personnel or
having a pH value lower than 5.0 or higher than 12.0.
3) Metals - metals in the form of compounds or elements with
total concentrations exceeding the following:
MAXIMUM DAILY MAXIMUM GRAB
AVERAGE (mg/L) (mg/L)
Arsenic 0.1 0.3
Cadmium 0.3 0.9
Chromium 5.0 15.0
Copper 3.0 9.0
Lead 2.9 8.7
Mercury 0.01 0.03
Nickel 2.0 6.0
Silver 0.1 0.3
Zinc 5.0 15.0
4) Cyanide - cyanide or cyanogen compounds [(expressed as
total Cn-)] in excess of 1.0 mg/L.
5) Gases - hydrogen sulfide, sulfur dioxide or nitrous oxide
in excess of 10 parts per million.
6) Radioactive - radioactive wastes or isotopes with a half-
life or concentration exceeding limits established by the
Authority in compliance with applicable state or federal
regulations.
7) Toxics - toxic pollutants in sufficient quantity, either
singly or by interaction with other wastes, to injure or
interfere with any wastewater treatment process,
constitute a hazard to humans or animals, or to pass
through the treatment plant and impair aquatic life in
receiving water, as expressed by the results of acute or
chronic toxicity tests of the POTW effluent.
8) Temperature - a temperature which inhibits or interferes
with biological activity in the POTW treatment plant. In
no case shall wastewater be introduced which would have a
temperature exceeding 40'C (104'F) upon entering the POTW
treatment plant.
9) Categorical - pollutants in excess of the limitations
established in an applicable categorical pretreatment
standard set forth in Title 40 of the Code of Federal
Regulations.
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10) Explosive - wastewaters which emanate vapors causing the
atmosphere in the sewer system to exceed 20% of the lower
explosive limit in the immediate area of the discharge.
SECTION IV -SPECIAL RULES
RELATING TO INDUSTRIAL DISCHARGERS
A. COMPLIANCE WITH STANDARDS
1) Applicable Laws - All dischargers shall be subject to
those Federal, State and local requirements and
limitations which are the most stringent.
2) Dilution - No discharger shall increase the use of
potable or process water in any way for the purpose of
diluting a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the
standards set forth in this ordinance.
3) Mass Limitations - Where deemed appropriate the Authority
may apply mass limitations expressed in pounds per day of
pollutant discharged.
B. ACCIDENTAL DISCHARGES
Each discharger shall provide protection from accidental discharge of
prohibited or regulated materials or substances established by this
ordinance. Where necessary, facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained at
the discharger's cost and expense. When applicable, detailed plans
showing facilities and operating procedures to provide this
protection shall be submitted to the Authority for review, and shall
be approved by the Authority before construction of the facility.
Review and approval of such plans and operating procedures by the
Authority shall not relieve the discharger from the responsibility to
modify its facility as necessary to meet the requirements of this
ordinance.
Dischargers shall notify the Authority immediately upon the
occurrence of a "slug" or accidental discharge of substances
prohibited by this ordinance. The notification shall include
location of discharge, date and time thereof, type of waste,
concentration and volume, corrective actions taken, and be signed by
the dischargers Authorized Representative. Any discharger
discharging slugs of prohibited materials shall be liable for any
expense, loss or damage to the wastewater system and the POTW, in
addition to the amount of any fines imposed on the Authority under
state or federal law.
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Ord. No. 1773
Each employer shall instruct all applicable employees, who may cause
or discover such a discharge, with respect to emergency notification
procedure including the proper telephone number of the Authority to
be notif ied.
C. WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS
All dischargers who discharge wastewater into a private sewer system
shall comply with this ordinance including Section V; provided,
however, that flow measurement may be based on metered water
consumption. Each discharger shall provide an agreement, signed by
the owner of the sewer system, which authorizes the Authority's
personnel to enter onto the owner's property for purposes of
inspection and monitoring of discharger's premises, and for
enforcement pursuant to the term of this ordinance.
D. PROHIBITION OF BYPASS
1) Bypass of a discharger's treatment equipment or treatment
facility is prohibited and the Authority may take
enforcement action against the discharger unless:
a) The bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage, and;
b) There were no feasible alternatives to the bypass,
such as use of auxiliary treatment facilities,
retention of untreated wastewater, or maintenance
during normal periods of downtime. This condition
is not satisfied if, in the exercise of reasonable
engineering judgement, adequate back-up equipment
should have been installed to prevent a bypass
which occurred during normal periods of equipment
downtime or maintenance, and;
c) The discharger submitted advanced, written notice
of the need for a bypass.
2) The discharger shall submit oral notice to the Authority
of an unanticipated bypass that exceeds categorical
standards or other discharge limits within 24 hours of
the time the discharger becomes aware of the bypass.
Written notice shall be provided within 5 days of the
time the discharger becomes aware of the bypass. The
written notice shall include a description of the bypass
and its causes, duration of the bypass, steps taken to
prevent the reoccurrence of the bypass, and must be
signed by the Authorized Representative of the
discharger.
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Ord. No. 1773
3) The Authority may approve an anticipated bypass, after
considering its adverse effects, if it determines that
the bypass will meet all of the conditions of paragraph
1) above.
E. NOTIFICATION OF HAZARDOUS WASTE DISCHARGES
All dischargers shall notify the Authority, the EPA's Regional Waste
Management Division Director, and the Texas Water Commission's
Hazardous and Solid Waste Division Director in writing of any
discharge into a wastewater system or POTW of any substance, which,
if otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261. Any notification under this paragraph must be submitted in
conformance with 40 CFR Part 403.12 (p).
SECTION V - ADMINISTRATION BY PERMIT
A. CLASSIFICATION OF DISCHARGERS AND PERMITS
1) All non-domestic users which discharge into the sanitary
sewer system of the Authority shall be grouped according
to the following definitions:
Group I Significant Industrial Users are defined in
Section I - Definitions.
Group II - Commercial Facilities and Small Industrial
Users are those commercial facilities and
industrial users which are not included in
Group I and which do not discharge a
significant amount of regulated pollutants on
a regular basis. Examples include automotive
service shops, small food processors and
photographic developing shops.
Group III - Classed High Strength Users are restaurants,
car washes or other businesses which can be
classed according to an average strength or
abnormal strength of their wastewater.
Group IV - Wastewater Haulers are transporters of
wastewater desiring to discharge into the
Authority's sanitary sewage system.
2) All Group I dischargers shall submit a Wastewater
Discharge Permit Application to the Authority on a form
provided by the Authority. All Group II, III and IV
dischargers shall submit an Industrial Waste
Questionnaire. The questionnaire will be reviewed by the
Assistant Director of utilities. If deemed necessary,
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Ord. No. 1773
Group II, III or IV dischargers may also be required to
obtain a Permit as outlined herein.
3) No new Group I user shall be allowed to discharge until
issued a valid permit.
4) The Authority will evaluate the completed applications
and data furnished by the discharger and may require
additional information. If, after evaluation, the
application is deemed satisfactory, then a wastewater
discharge permit shall be issued within 60 days after
the evaluation is complete. The wastewater discharge
permit shall be subject to the terms and conditions
specified herein and to the regulations of the Authority.
5) If the application is denied, the applicant shall be
notified in writing within 30 days of the reasons for
such denial. If denial is based on the Authority's
determination that the applicant cannot meet the
wastewater discharge limitations of this ordinance, the
Authority may specify that the applicant be required to
provide pretreatment of the waste before it is deemed
acceptable for sewer discharge.
6) Where additional pretreatment and/or operation and
maintenance activities will be required to comply with
this ordinance, pursuant to 5) above, the discharger
shall provide a declaration of the shortest schedule by
which the discharger will provide such additional
pretreatment and/or implement added operational and
maintenance activities.
a) The schedule shall contain milestone dates for the
commencement and completion of major events leading
to the construction and operation of additional
pretreatment required for the discharger to comply
with the requirements of this ordinance including,
but not limited to dates, relating to hiring an
engineer, completing preliminary plans, completing
final plans, executing contract(s) for major
components, commencing construction, completing
construction, and all other acts necessary to
achieve compliance with this ordinance.
b) The time increments established between milestone
dates shall be the shortest practicable for the
completion of the required work. Under no
circumstances shall the Authority permit a time
increment for a single step in the compliance
schedule to exceed 9 months. The completion date
in this schedule shall not be later than the
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Ord. No. 1773
compliance date established for applicable
categorical pretreatment standards.
c) Not later than 14 days following each milestone
date in the schedule and the final date for
compliance, the discharger shall submit a progress
report to the Authority, including a statement as
to whether or not it complied with the increment of
progress represented by that milestone 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 discharger to
return the construction to the approved schedule.
In no event shall more than 9 months elapse between
such progress reports to the Authority.
7) Prior to the approval of a permit, unless exempted by the
Authority, all dischargers shall provide monitoring
facilities to allow inspection, sampling and/or flow
measurement of wastewaters before entering the sanitary
sewer of the Authority. Each monitoring facility shall
be located on the discharger's premises; provided,
however, where such location would be impractical or
cause undue hardship to the discharger, the Authority may
approve the placement of monitoring facilities in the
public street or sidewalk area. All monitoring equipment
and facilities shall be maintained in a safe and proper
operating condition at the expense of the discharger.
Failure to provide proper monitoring facilities shall be
grounds for denial of a permit.
B. PERMIT CONDITIONS
Permits are issued to a specific discharger for specific operation
and are not assignable to another discharger or transferable to any
other location without the prior written approval of the Authority.
Permits may include as applicable, but shall not be limited to, the
following information:
1) Limits on the average and maximum amount of certain
wastewater constituents to be discharged;
2) Limits on average and maximum rate and time of discharge
and/or requirements for flow regulations and
equalization;
3) Requirements for installation and maintenance of
inspection and sampling facilities;
4) Location of approved discharge point(s);
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Ord. No. 1773
5) Additional conditions as the Authority may reasonably
require under particular circumstances, applying to the
monitoring of a given discharge, including sampling
locations, frequency of sampling, number, types, and
standards for tests, laboratory analysis method, and
reporting schedule;
6) Compliance schedules;
7) Requirements for submission of special technical reports
or discharge reports where same differ from those
prescribed by this ordinance;
8) Duration of Permit;
9) statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements; and
10) statement of non-transferability.
C. REPORTING REQUIREMENTS FOR DISCHARGERS
1) Baseline Report: Within 180 days following the
effective date for new or revised categorical
pretreatment standards, or at least 90 days prior to
commencement of the introduction of wastewater into the
POTW by a new discharger, any discharger subject to a
categorical pretreatment standard shall submit to the
Authority a report (in a form provided by the Authority),
indicating the nature and concentration of all prohibited
or regulated substances contained in its discharge, and
the average and maximum daily flow in gallons. The
report shall state whether the applicable categorical
pretreatment standards are being met on a consistent
basis and, if not, what additional 0 & M or pretreatment
is necessary to bring the discharger into compliance with
the applicable categorical pretreatment standards. This
report shall be signed by an authorized representative
and certified by a qualified professional as stated in
40 CFR Part 403.12(b)(6).
2) 90 Day Compliance Report: Within 90 days following the
date for final compliance by the discharger with
applicable categorical pretreatment standards or 90 days
following commencement of the introduction of wastewater
into the POTW by a new discharger, any discharger subject
to categorical pretreatment standards shall submit to the
Authority a report indicating the nature and
concentration of all prohibited or regulated substances
contained in its discharge, and the average and maximum
daily flow in gallons. The report shall state whether
Page 18
Ord. No. 1773
the applicable categorical pretreatment standards or
requirements are being met on a consistent basis and, if
not, what additional 0 & M or pretreatment is necessary
to bring the discharger into compliance with the
applicable categorical pretreatment standards or
requirements. This report shall be signed by an
authorized representative of the discharger.
3) Periodic Compliance Reports: Any discharger subject to a
categorical pretreatment standard made a part of this
ordinance shall submit to the Authority a report
indicating the nature and concentration of prohibited or
regulated substances in the effluent which are limited by
the categorical pretreatment standards hereof. Reports
are required after the compliance date of such a
pretreatment standard, or in the case of a new
discharger, after commencement of the discharge, and are
to be submitted during the months of July and January of
each year. In addition, where applicable, this report
shall include a record of all measured or estimated
average and maximum daily flows which, during the
reporting period, exceeded the average daily flow
specified in Section V, paragraph B, 1) and 2) hereof.
Flows shall be reported on the basis of actual
measurement, provided however, where cost or feasibility
considerations justify, the Authority may accept reports
of average and maximum flows estimated by verifiable
techniques. The Authority, taking into consideration
extenuating factors, may authorize the submission of said
reports on months other than those specified above.
4) Analysis and Sampling Procedures: All analyses shall be
performed in accordance with procedures contained in 40
CFR Part 136 and amendments thereto or with any other
test procedures approved by the Administrator. Sampling
shall be performed in accordance with the techniques
approved by EPA. Where 40 CFR Part 136 does not include
sampling or analytical techniques for the pollutants in
question, or where EPA determines that the Part 136
techniques are inappropriate for the pollutant in
question, sampling and analyses shall be performed using
validated analytical methods or any other sampling and
analytical procedures, including procedures suggested by
the POTW or other parties, approved by EPA.
5) Reporting Additional Monitoring: If an industrial user
subject to the reporting requirements of this section
monitors any pollutant more frequently than required by
the Authority, using the procedures prescribed in
paragraph (4) of this section, the results of this
monitoring shall be included in the report.
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Ord. No. 1773
6) Significant Noncategorical Industrial User Reporting:
Significant noncategorical industrial users shall submit
to the Authority at least once every six months (on dates
as specified by the Authority) a description of the
nature, concentration, and flow of the pollutants
required to be reported by the Authority. These reports
shall be based on sampling and analysis performed in the
period covered by the report, and performed in accordance
with the techniques described in paragraph (4) of this
section. This sampling and analysis may be performed by
the Authority in lieu of the significant noncategorical
industrial user.
7) Notification of Changed Discharge: Dischargers shall
give prior written notification to the Authority of any
significant change in the volume or character of
pollutants in the discharge.
8) Authority Monitoring: Sampling and analysis for the
reports required by paragraphs (1), (2), (3) and (6)
above may be performed by the Authority in lieu of the
discharger. If all information required for the report,
including flow data, is collected by the Authority, the
discharger will not be required to submit the report or
certifications.
9) Signatory Requirements: All applications and compliance
reports submitted to the Authority must contain the
following certification statement and be signed by the
Authorized Representative:
"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 and for not reporting known
violations, including possibility of fine and
imprisonment."
D. INSPECTION AND FLOW MEASUREMENT
1) Inspection: The Authority may inspect the facilities of
any discharger to determine compliance with the
Page 20
Ord. No. 1773
requirements of this ordinance. The discharger shall
allow the Authority or its representatives to enter upon
the premises of the discharger at all reasonable hours
for the purposes of inspection, sampling, or examination
of records. All reports and records related to the
provisions of this ordinance shall be made available for
copying and inspection by the Authority. The Authority
shall have the right to set upon the discharger's
property such devices as are necessary to conduct
sampling, inspection, compliance monitoring and metering
or measuring operations. The inspectors, agents or
representatives of the Authority charged with the
enforcement of this section shall be deemed to be
performing a governmental function for the benefit and
health and welfare of the general public and neither the
Authority nor any individual inspector, agent or
representative shall be held liable for any loss or
damage, whether real or asserted, caused or alleged to
have been caused as a result of the performance of such
governmental function. The failure or refusal of such
owner or discharger to comply with this provision shall
be grounds for the disconnection of water or sewer
service to the facility.
The industrial waste discharged or deposited into the
sanitary sewers shall be subject to periodic inspection
and sampling as often as may be deemed necessary by the
Authority. Samples shall be collected in such manner as
to be representative of the character and concentration
the waste under operational conditions. The laboratory
methods used in the examination of said waste shall be
those set forth in 40 CFR Part 136. The determination of
the character and concentration of industrial waste shall
be made at such times and on such schedules as may be
established by the Authority. Should a discharger desire
a determination of the quality of such industrial waste
be made at some time other than that scheduled by the
Authority, such special determination may be made by the
Authority at the expense of the owner or discharger.
2) Measurement of Flow: The volume of flow used in
computing sewage charges shall be based upon metered
water consumption or discharge as shown in the records of
meter readings maintained by the North Richland Hills
Water Department.
Where it can be shown to the satisfaction of the Director
that a substantial portion of the metered water does not
enter the sanitary sewer, the Director may require or
permit the installation of additional approved meters at
the owner's expense, to measure the quantity of water
Page 21
Ord. No. 1773
actually entering the sewer system. If approved by the
Director, the measured quantity of water actually
entering the sewer system will be used to determine the
sewer service charge.
Any discharger who procures all or part of its water
supply from sources other than the North Richland Hills
Water Department, all or part of which is subsequently
discharged into the sanitary sewer, shall install and
maintain at its expense an effluent meter or flow
measuring device approved by the Director for the purpose
of determining the proper volume of flow to be used in
computing sewer service charges. Such meters or measuring
devices shall be read monthly.
If the Director determines that it is not practicable to
measure the quantity or quality of waste by the aforesaid
meters or monitoring devices, the quantity or quality of
the waste shall be determined in any manner or method the
Director may find practicable in order to arrive at the
percentage of water entering the sanitary sewage system
of the Authority and/or the quality of the sewage to be
used to determine the sewer service charge.
E. PERMIT MODIFICATIONS
1) The Authority reserves the right to amend any permit
issued hereunder in order to assure compliance by the
Authority with applicable laws and regulations. The
Authority may amend any permit for good cause including,
but not limited to the following:
a) To incorporate any new or revised federal, state,
or local pretreatment standards or requirements,
b) Material or substantial alterations or additions to
the discharger's operation processes, or discharge
volume or character which were not considered in
drafting the effective permit,
c) A change in any condition in either the industrial
user or the POTW that requires either a temporary
or permanent reduction or elimination of the
authorized discharge,
d) Information indicating that the permitted discharge
poses a threat to the Authority's collection and
treatment systems, POTW personnel or the receiving
waters,
e) Violation of any terms or conditions of the permit,
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Ord. No. 1773
f) Misrepresentation or failure to disclose fully all
relevant facts in the permit application or in any
required reporting,
g) To correct typographical or other errors in the
permit,
h) To reflect transfer of the facility ownership
and/or operation to a new owner/operator,
i) Upon request of the permittee, provided such
request does not create a violation of any
applicable requirements, standards, laws, or rules
and regulations.
2) All categorical pretreatment standards promulgated and
adopted by the EPA after the effective date of this
ordinance shall automatically become a part of this
ordinance. Where a discharger, subject to a categorical
pretreatment standard, has not previously submitted an
application for a permit as required by Section V,
paragraph A, 2) above, the discharger shall apply for a
permit from the Authority within 180 days after the
promulgation of the applicable categorical pretreatment
standard by the EPA. In addition, the discharger with an
existing permit shall submit to the Authority within 180
days after promulgation of an applicable categorical
pretreatment standard, the information required by
Section V, paragraph C, 1) above. The discharger shall
be informed of any proposed changes in its 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.
F. CONFIDENTIAL INFORMATION
1) All information and data submitted by a discharger to the
Authority or POTW may be submitted to any State or
Federal agency governing the POTW. Such information
shall be considered subject to public disclosure,
provided, however, that the discharger may request that
information not be subject to public disclosure, in
accordance with 40 CFR Part 2 as follows:
a) A discharger may assert a business confidentiality
claim covering part or all of the information in a
manner described below, and that information
covered by such a claim will be disclosed only by
means of the procedures set forth below.
Page 23
Ord. No . 1773
b) If no claim of business confidentiality is
asserted, all information will be subject to public
disclosure without further notice to the
discharger.
2) Method and time of asserting business confidentiality
claim: A discharge which is submitting information to
the Authority may assert a business confidentiality claim
covering the information by placing on or attaching to
the information, at the time it is submitted to the
Authority, a cover sheet, stamped or typed legend, or
other suitable form of notice employing language such as
"trade secret," "proprietary," or "company
confidential." Allegedly confidential portions of
otherwise nonconfidential documents should be clearly
identified by the discharger, and may be submitted
separately to facilitate identification and handling by
the Authority. If the discharger desires confidential
treatment only until a certain date or until the
occurrence of a certain event, the notice should so
state.
3) Nothing in this section shall prevent the disclosure of
information and data regarding the nature and content of
a discharger's effluent, and the frequency of discharge,
or a standard or limitation to be met by the discharger,
and this information shall be available to the public
with no restrictions. Effluent data which cannot be held
as confidential is as defined in 40 CFR 2.302.
4) The provisions of this section shall be subject to any
public disclosure requirements which may exist under
Article 6252-17a, V.A.C.S.
SECTION VI - ENFORCEMENT
A. REVOCATION OF PERMIT
The Authority may revoke the permit or terminate water or sewer
service of any discharger which fails to:
1) factually report the wastewater constituents and
characteristics of its discharge; or
2) report significant changes in wastewater constituents or
characteristics; or
3) allow reasonable access to the discharger's premises by
representatives of the Authority for the purpose of
inspection or monitoring; or
Page 24
Ord. No. 1773
4) pay sewer charges; or
5) meet compliance schedules; or
6) fulfill the conditions of its permit, or this ordinance,
or to obey any final judicial order with respect thereto.
B. NOTIFICATION OF VIOLATION
Whenever the Authority finds that any discharger has engaged in
conduct which justifies revocation of a permit, pursuant to
Section VI,A. hereof, the Authority shall serve or cause to be
served upon such discharger a written notice, either by
personal delivery or by certified or registered mail, return
receipt requested, stating the nature of the alleged violation.
Within 30 days of the date of receipt of the notice, the
discharger shall respond in person or in writing to the
Authority, advising of its position with respect to the
allegations. Thereafter, the parties shall meet to ascertain
the veracity of the allegations and where necessary, establish
a plan for the satisfactory correction thereof.
C. SHOW CAUSE HEARING
Where the violation of Section VI,A. hereof is not corrected by
means of administrative adjustment, the Authority may order
any violating discharger to show cause, before the Authority or
its duly authorized representative, why the proposed permit
revocation action should not be taken. A written notice shall
be served on the discharger by personal service, or by
certified or registered mail, return receipt requested,
specifying the time and place of a hearing to be held by the
Authority or its designee regarding the violation, the reasons
why the enforcement action is to be taken, the proposed
enforcement action, and directing the discharger to show cause
before the Authority or its designee why the proposed
enforcement action should not be taken. The notice of the
hearing shall be served no less than ten (10) days before the
hearing. Service may be made on any agent, officer, or
authorized representative of the discharger. The Authority
shall then enter appropriate orders with respect to the alleged
improper activities, if any.
D. RIGHT OF APPEAL OF ADMINISTRATIVE RULING
Any discharger or any interested party shall have the right to
request in writing an interpretation or ruling by the Authority
on any matter covered by the ordinance and shall be entitled to
a prompt written reply. In the event that such inquiry is by a
discharger and deals with matters of performance or compliance
with this ordinance or deals with a permit issued pursuant
Page 25
Ord. No. 1773
hereto for which enforcement activity relating to an alleged
violation is the subject, receipt of a discharger's request
shall stay all enforcement proceedings pending receipt of the
aforesaid written reply; provided, however, the Authority may
take any action it deems necessary to protect its wastewater
collection and treatment system or to comply with its NPDES
permit or to comply with any contract the Authority has for the
treatment of wastewater.
E. JUDICIAL PROCEEDINGS
The Authority, with respect to the conduct of any discharger
contrary to the provisions of this ordinance may authorize its
attorney to commence any legal action in a court of competent
jurisdiction for equitable and/or legal relief.
F. EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS
The Authority, may, for good cause shown, suspend water or
wastewater service to the discharger's facility, when it
appears to the Authority that an actual or threatened discharge
presents or may present an imminent or substantial danger to
the health or welfare of persons, substantial danger to the
environment, interfere with the operation of a POTW, violate
any pretreatment limits imposed by this ordinance or any Permit
issued pursuant to this ordinance. Any discharger notified of
the suspension of the Authority's water or wastewater service
and/or the discharger's permit, shall within a reasonable
period of time, as determined by the Authority, cease all
discharges. In the event of the failure of the discharger to
comply voluntarily with the suspension order within the
specified time, the Authority may commence judicial proceedings
to compel the discharger's compliance with such order or may
immediately disconnect such discharger's service line from the
City water and sanitary sewer system. In the case of emergency
disconnection of service, the Director shall make a reasonable
attempt to notify the owner or discharger before disconnecting
the service line. The party whose service has been
disconnected shall have an opportunity for a hearing on the
issue of the illegal discharge and the disconnection as soon as
possible after such disconnection has taken place.
The Authority may reinstate the permit and/or the wastewater or
water service upon proof by the discharger of the cessation of
the non-complying discharge or elimination of conditions
creating the threat of imminent or substantial danger as set
forth above. The water and/or wastewater service shall be
reconnected at the discharger's expense.
Page 26
Ord. No. 1773
G. OPERATING UPSETS
Any discharger which experiences an upset in operations which
places the discharger in a temporary state of non-compliance
with this ordinance shall inform the Authority within 24 hours
of first awareness of the commencement of the upset. Where
such information is given orally, the Authority may at its
discretion require the discharger to file a written report
within five working days. The report shall specify:
1) Description of the upset, its cause and the upset's
impact on a discharger's compliance status.
2) Duration of non-compliance, including exact dates and
times of non-compliance, and if the non-compliance
continues, the time by which compliance is reasonably
expected to occur.
3) All steps taken or to be taken to reduce, eliminate and
prevent recurrence of such an upset or other conditions
of non-compliance.
An operating upset which was not the result of negligence on
the part of the discharger, and which has been documented and
verified in the manner stated above shall be an affirmative
defense to any enforcement action brought by the Authority
against a discharger for any non-compliance with the ordinance
which arises out of violations alleged to have occurred during
the period of the upset.
H. RECOVERY OF COSTS INCURRED BY THE AUTHORITY
Any discharger who discharges or causes a discharge producing a
deposit or obstruction, or causes damage to or impairs the
Authority's wastewater system, shall be liable to the Authority
for any expense, loss, or damage caused by such violation or
discharge. The Authority shall bill the discharger for the
costs incurred by the Authority for any cleaning, repair, or
replacement work caused by the violation or discharge. Failure
to pay such bill may result in the termination of water or
wastewater service.
I. FALSIFYING INFORMATION
Any person who knowingly makes any false statement,
representation or certification in any application, record,
report, plan or other document filed or required to be
maintained pursuant to this ordinance, or falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or
method required under this section, shall, upon conviction, be
punished as provided in Section XI of this Ordinance.
Page 27
Ord. No. 1773
SECTION VII - MISCELLANEOUS
A. NET/GROSS CALCULATIONS
The Authority may elect to adjust categorical pretreatment
standards to reflect the presence of pollutants in the
discharger's intake water, in accordance with 40 CFR Part
403.15.
B. PRESERVATION OF RECORDS
All dischargers subject to this ordinance shall retain and
preserve for no less than three (3) years, any records, books,
documents, memoranda, reports, correspondence and any and all
summaries thereof, relating to monitoring, sampling and
chemical analyses made by or on behalf of a discharger in
connection with its discharge. All records which pertain to
matters which are the subject of administrative adjustment or
any other enforcement or litigation activities brought by the
Authority pursuant hereto shall be retained and preserved by
the discharger until all enforcement activities have concluded
and all periods of limitation with respect to any and all
appeals have expired.
C. COSTS OF ADMINISTERING PROGRAM
The Authority may make such charges, known as monitoring and
pretreatment charges, as are reasonable for services rendered
in administering the programs outlined in this ordinance. Such
charges may include, but are not limited to:
1) permitting industrial facilities;
2) inspection;
3) sample analysis;
4) monitoring; and
5) enforcement.
D. RIGHT OF REVISION
The Authority reserves the right to amend this ordinance to
provide for more or less stringent limitations or requirements
on discharges to the sanitary sewer or POTW where deemed
necessary to comply with the objectives set forth in Section
II of this ordinance.
E. PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS
The Authority shall annually publish in the largest local
daily newspaper a list of users that have significantly
Page 28
Ord. No. 1773
violated federal pretreatment requirements during the previous
12 months. Definition of significant violation shall be the
definitions listed in 40 CFR Part 403.8 (f) (2) (vii), and in
the POTW's NPDES permit.
SECTION VIII - CUMULATIVE CLAUSE
That this Ordinance shall repeal every prior Ordinance and provision
of the North Richland Hills City Code in conflict herewith but only
insofar as any portion of such prior Ordinance or provision shall be
in conflict, and as to all other Ordinances or provisions of the
North Richland Hills City Code not in direct conflict herewith, this
Ordinance shall be and is hereby made cumulative. Ordinance No. 1063
is hereby repealed.
SECTION IX - REMEDIES
That all rights or remedies of the City of North Richland Hills,
Texas, are expressly saved as to any and all violations of the North
Richland Hills City Code, as amended, which have accrued at the time
of the effective date of this Ordinance; and as to such accrued
violations, the Court shall have all of the powers that existed prior
to the effective date of this Ordinance.
SECTION X - SEVERABILITY CLAUSE
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.
SECTION XI - FINES
That the violation of any provision of this Ordinance or of the North
Richland Hills City Code relating to sewer service shall be deemed an
offense and punishable by a fine not exceeding Two Thousand Dollars
($2,000), and each violation hereof, and each day on which there is a
failure to comply with the terms of this Ordinance shall be and is
hereby declared to be a distinct and separate offense and punishable
as such.
Page 29
Ord. No. 1773
SECTION XII - EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its
date of passage and publication as provided by law.
PASSED AND APPROVED this the 11th day of November, 1991.
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Page 30
CITY OF NORTH RICHLAND HILLS
Pretreatment Program
\
.
ENFORCEMENT
RESPONSE PLAN
Adopted: February 20, 1995
PRETREATMENT PROGRAM
CITY OF NORTH RICHLAND HILLS
ENFORCEMENT RESPONSE PLAN
PURPOSE
The purpose of this document is to outline the procedures to be followed by the
City Pretreatment staff tÐ identify, document, and respond to pretreatment program
violations.
ELEMENTS OF THE PLAN
.
A comprehensive and effective enforcement plan must reflect the City's primary
responsibility to enforce all applicable pretreatment standards and requirements.
IDENTIFICATION AND DOCUMENTATION OF VIOLATIONS
Industrial User Inventory
An initial component of an enforcement plan is the industrial user inventory. The
General Pretreatment regulations require that an updated list of industrial users be
submitted on an annual basis by the Control Authority to the Administrator (EPA) in
the year end report. This list must contain information denoting whether these
industries are regulated by categorical standards, local limits, or both.
A responsible party must be designated and assigned to keeping the Industrial User
Master Inventory accurate and up-to-date. Review of The Master Inventory will be
done quarterly and updated as required. The Master Inventory will be maintained
in the pretreatment files; a current copy will be provided to the Assistant Public
Works Director, City of North Richland Hills in December and June of each year.
The following will be available and utilized in maintaining an accurate Master
Inventory:
1. City Water records for commercial/industrial accounts.
2. Periodic review of area telephone books.
3. Physical inspections of commercial areas and industrial parks.
4. Contact and communication with City Departments, (ie. Plumbing
Inspection Occupancy Permits) to know of new connections.
5. Industrial Waste Questionnaires; These questionnaires are to be
completed by all users identified on the Master Inventory.
Users on the Master Inventory will be identified as to whether they are Significant
Industrial Users ( SIU's ) according to 40 CFR Part 403.3(t)( 1) (i) (ii); Upon a finding
that a SIU identified un,der Part 403.3(t)(ii) has no potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the City
of North Richland Hills may determine that such industrial user is not a significant
industrial user.
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Users ·identified as SIU's and permitted will be subject to the City of North Richland
Hills Pretreatment Program in accordance with 40 CFR Part 403.8 Pretreatment
Program Requirements: Development and implementation by POTW. Monitoring and
. . sampling shall be accomplished in such a manner that the results are admissible as
evidence in judicial proceedings.
Compliance data are collected in two (2) ways:
1. Self-monitoring by industrial users, with findings reported to the City.
Self-monitoring requirements for industrial users are found in 40 CFR Part 403.12 and
40 CFR Part 136 as well as specific requirements as may be imposed by control
documents (permit) issued by the City. The results of all such self-monitoring, as
accomplished in accordance with 40 CFR Parts 403.12 and 136 shall be reported on
a monthly basis· to the City.
2. Inspections and direct sampling by the City.
The City will conduct monitoring and sampling in accordance with 40 CFR Parts 403
and 136 and any applicable pretreatment standard.
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Compliance Tracking
Once collected and assimilated, all compliance data must be systematically analyzed
to identify violations. This process must identify all violations, including those of a
nondischarge nature, and must accurately determine the compliance status of each
significant user.
Personnel shall be assigned responsibility for initially screening all compliance data and
identifying all pretreatment violations concerning SIU's. Information shall be reviewed
for compliance associated with:
Program requirements
Ordinance requirements
Pretreatment requirements
Permit requirements
Compliance status shall be documented by use of standardized methods and
procedures as developed by the Control Authority (Fort Worth) unless the procedures
and methods in use are comparable and comprehensible. Such documentation will be
kept on file in accordance with 40 CFR Part 403.12(0). The City will supply the
- Control Authority this, documentation on no less than a quarterly basis unless
contractual agreements state otherwise.
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ENFORCEMENT RESPONSE
Responsible Personnel
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Wastewater Technician (WWT) - Overall management of pretreatment program, record
keeping and data entry into the Pretreatment Data Base program. Perform compliance
sample collection and pH measurements. Initiates industry contact at the time pH
violations are detected by providing a written notice of pH violation and will verify
initial attempts of indu~try to adjust ph. Screens compliance monitoring data,
including inspection reports. Serves as industry's primary contact in the City
concerning program policy and requirements. Responsible for issuing notice of
violations, serve informal warnings, citations and publishing the annual list of
_ significant violators. Responsible for the development and implementation of the City
of Nort Richland Hills Pretreatment Program to ensure compliance with federal
pretreatment regulations. Possesses the authority to issue NOV's, citations,
recommend issuance of administrative orders, recommend termination of sewer/water
service, and recommend other enforcement actions.
Assistant Public Works Director - Has overall responsibility within the City for
pretreatment operations, to include compliance with local, state and federal
pretreatment regulations. Responsible 'for compliance with the overall POTW
operations, including employee safety and protection of the collection system.
Possesses the authority to issue NOV's, citations, administrative orders, and
recommend termination of sewer/water service. Possesses overall responsibility for
administration of all pretreatment enforcement response actions.
City Attorney (CA) - Advises technical and managerial personnel on enforcement
matters and orchestrates the judicial responses deemed necessary by the Public Works t-__
Director. Consulted on all matters requiring legal interpretation of the Industrial Waste
Ordinance and this plan.
Public Works Director - Receives recommendations from Assistant Director regarding
termination of sewer and/or water service. Approves termination of service and
recommendations to pursue judicial action in district court.
Response Criteria
The specific enforcement response action selected for use must be appropriate to the
violation. The following criteria shall be considered when determining a proper
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enforcement response:
1. Maqnitude of the violation - Incidents of significant noncompliance as
defined in the General Pretreatment Regulations shall receive an
enforceablE\ order that requires a return to compliance by a specific
deadline.
2.
Duration of the violation - Enforcement response actions shall serve to
prevent extended periods of noncompliance (regardless of severity) from
recurring.
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3. Effect of the violation on the receiving water - Any violation resulting in
environmental harm shall be dealt with severely. Environmental harm
shall be presumed whenever an industry discharges a pollutant into the
sewage system which: (1) passes through the POTW (to a degree that
the pass through meets th~ definition of pass through in the City's
Industrial Waste Ordinance), (2) causes a violation of the POTW's
discharge permit, including violations of water quality standards, or (3)
has a toxic effect on the receiving stream (i.e., fish kill.) In such cases,
enforcement response actions shall include an Administrative Order and
an Administrative Fine. Any fines or penalties incurred by the City as a
result of such an incident shall be recovered from the noncompliant user
within the response action. Termination of sewer and/or water service
to the user may be con.sidered.
4. Effect of the violation on the POTW - Incidents that result in significant
increases in treatment costs or interfere with or harm City personnel,
equipment, processes, or operations shall receive an Administrative Fine
or Civil Penalty. In addition, the noncompliant user is subject to
receiving an order to correct the violation and reimburse the City for
additional costs and expenses necessary to repair the POTW.
5. Compliance history of the industrial user - Recurring compliance problems
(even of different program requirements) shall be dealt with strongly to
ensure that consistent compliance is achieved.
6. Good faith of the industrial user - A user's demonstrated willingness to
comply shall predispose the City to select less stringent enforcement
response actions, however, good faith will not eliminate the necessity of
an enforcement action. Good faith shall be defined as the user's honest
intention to remedy its noncompliance in a timely fashion in conjunction
with actions which lend support to this intention.
Response Actions
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Following the identification of a pretreatment violation, including the determination
as to its significance (in accordance with the General Pretreatment Regulations as
- revised), the most appropriate enforcement response must be selected and applied
This response must be' proportionate to the violation severity, promote compliance
in a timely manner, and be authorized under State law and the City of North
Richland Hills Industrial Waste Ordinance.
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The folJowing is a list of enforcement response actions available for use in the City
of North Richland Hills:
Notice of Violation
Administrative Orders
Show Cause Order
Compliance Order
Civil Litigation
Consent Decree
Civil Penalty/Cost Recovery
General Complaint Citations
Criminal Prosecution
Termination of Sewer and/or Water Service
Supplemental Actions
Public Notice
Increased Monitoring and Reporting
A brief description of each of these response action alternatives is presented below,
including an example of each where applicable. It should be noted that the
Enforcement Response Guide which constitutes the last section of this plan clarifies
the specific uses of each enforcement action, and includes the identification of which
positions are authorized to issue specific orders or initiate the appropriate enforcement
actions.
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1 . Notice of Violation - An official communication from the City to the
noncompliant industrial user which informs the user that a pretreatment
violation has occurred. Multipurpose use - for nonsignificant violations, and for
significant violations (generally in conjunction with additional actions.) Example
attached.
2. Administrative Orders - Enforcement documents which direct industrial users
to undertake or to cease specified activities. Terms mayor may not be
negotiated with industrial users. Generally used as first formal response to
significant noncompliance (unless more severe action is justified) and may
incorporate compliance schedules, administrative penalties, and termination of
service.
The City will utilize two types of Administrative Orders: An example of each
type of order is a\l:ached.
a)
Show Cause Order - An order which directs the user to appear before the
City to explain its noncompliance, and show cause why more severe
enforcement actions against the user should not be levied. Typically
used after informal contacts or NOV's have failed to resolve
noncompliance, however, it can be used at any time.
.
b) Compliance Order - An order which directs the industrial user to achieve
or restore compliance by a date specified in the order. Terms need not
be discussed with the industry in advance. Typically used when
noncompliance cannot be resolved without construction, repair, or
process changes, or to require development of management practices,
spill prevention programs, and other pretreatment program requirements.
3. . Civil Litiqation - The formal process of filing lawsuits against industrial users
to secure court ordered action to correct violations and to secure penalties for
violations including the recovery of costs to the City for the noncompliance.
Normally pursued when the corrective action required is costly and complex, or
when the industrial user is considered recalcitrant and unwilling to cooperate.
The City of North Richland Hills will typically utilize three types of Civil
Litigation:
a) Consent Decree - Agreement between the City and the industrial user
reached after the lawsuit has been filed. Signed by the judge assigned
to the case.
b) Civil Penalties/Cost Recovery - Reimbursement to the City of all expenses
incurred in responding to noncompliance, including restoration of the
collection system, payment of medical treatment of injured employees,
and indemnification of the City for all fines assessed against it for
discharge permit violations. Generally higher than administrative fines.
4. General Complaint Citations - Citations may be issued under the City's authority
to enforce ordinances. The citations are criminal actions administered through
the City's Municipal Court.
5. Criminal Prosecution - The formal process of charging individuals and/or
organization with violations of ordinance provisions that are punishable (upon
conviction) by fines and/or imprisonment. The purpose of criminal prosecution
is to punish noncompliance through court proceedings and to deter future
noncompliance.
6.
Termination of Sewer and/or Water Service - The revocation of an industrial
user's privilege to discharge industrial wastewater into the City's sewer system.
Termination may .þe accomplished by physical severance of the industry's
~onnection to the sewer system, by use of an Administrative Order, or by a
court ruling. This action will be considered to be an appropriate response to
industries which have not adequately responded to previous enforcement
actions. This action requires prior notice to the industrial user sufficient to
avoid backflows, spills, or other harm to the treatment facility. An example of
such notice is attached. The City's ordinance also provides for the termination
of water service, in addition to sewer service termination.
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7. Supplemental Actions
a) Public Notice - In accordance with 40 CFR 403.8(f)(2)(vii), the City of
North Richland Hills must annually publish a list of all industrial users
which significantly violated applicable pretreatment standard
requirements, during the calendar year.
b)
Increased Monitoring and' Reporting - When an industrial user has
demonstrated a history of noncompliance, the City may increase
surveillance of that industry, including additional self-monitoring and
reporting.
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ENFORCEMENT RESPONSE GUIDE
The City's Enforcement Response Guide designates several alternative enforcement
options for each type or pattern of non-compliance. Once a violation is identified, an
appropriate enforcement response action shall be selected from the short list of
enforcement options indicated by the matrix.
The following factors must be considered when selecting a response action from the
options listed: \
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- Good faith of the user
- Compliance history of the user
- Previous success of enforcement actions taken against the particular
user
- Violation's effect on the receiving waters
- Violation's effect on the POTW
By weighing each of the above factors carefully, the appropriate enforcement response
action for the particular violation involved will be selected by authorized City
personnel.
The attached guide identifies types of violations, indicates initial and follow-up
responses, and designates personnel responsible for administering each of these
responses. The guide is used as follows:
1 .
Locate the type of noncompliance in the first column and identify the
most accurate description of the violation.
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2. Assess the appropriateness of the recommended response(s) in column
two. First offenders or users demonstrating good faith efforts may merit
a more lenient response. Similarly, repeat offenders or those
demonstrating negligence may require a more stringent response.
3. Apply an applicable enforcement response from column two to the
industrial user. Specify corrective action or other responses required of
the industrial user, if any. The range of responses in column two are
arranged in an escalating order. Column three indicates personnel
responsibility for administering each response, also in escalating order.
4. Follow-up with escalated enforcement action if the industrial user's
response is not received or violation continues.
Enforcement Escalation Plan
The City's Enforcement Escalation Plan is to be utilized to determine which
enforcement action is timely and appropriate, and to apply consistency throughout our
program. The escalation plan is incorporated into the Enforcement Response Guide
under the Enforcement Response and Personnel headings, columns two and three,
respectively. Once the non-compliance and circumstances have been identified in
columns one and two, a range of responses (in column two), arranged in escalating
order, is available to ,he enforcement agent. The personnel involved in the
enforcement action (in column three), are also arranged in the same escalating order.
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Generally, the responses range from a Notice of Violation, which is least severe, to the
. most severe response of sewer and/or water service termination. If an industry fails
to respond to the initial enforcement action (from column two), or the industry
continues to remain in violation, then the next response would be enacted in an
expeditious manner, per the response time frames outlined below. This process would
continue to escalate to the termination of sewer and/or water service.
Time Frames for Responses
1. Self-monitoring reports are normally due on the last day of the month in which
a sample is collected. All self-monitoring reports are reviewed upon receipt by
the Wastewater Technician and violations will be identified and documented
within five (5) working days of the review. Violations not related to self-
monitoring will be identified and documented within five (5) working days of
receiving compliance information.
2. Initial enforcement responses, involving contact with the industrial user and
requesting information on corrective or preventive action(s) will occur within
fifteen (15) working days of violation detection.
3. Follow-up actions for continuing or recurring violations will be taken within sixty
(60) days of the initial enforcement response. For any continuing violations, the
response will include a compliance schedule, if applicable.
4. Violations which threaten health, property, or environmental quality are
considered emergencies and will receive immediate responses such as halting
the discharge or termination service.
5. All violations meeting the criteria for significant noncompliance will be
addressed with an enforceable order within thirty (30) days of the identification
of significant noncompliance. Significant noncompliance shall be identified four
times a year, in accordance with EPA guidelines.
ENFORCEMENT RESPONSE GUIDE
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Failure to apply for a NOV, with application form required to be WW Tech.
discharge permit \ returned in 30 days
2. Response time for NOV; meeting with LV. within 7 days WW Tech.
application exceeded
. , 3. Non-compliance continues NOV; citation; order show cause WW Tech.
Asst. Dir
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Exceedence of discharge Single offense; no other violations in past six WW Tech.
limits months: NOV
2. . Recurring limit violations NOV; citation; require meeting with LV.; WW Tech.
in six month period increase sampling frequency until consistent
compliance is accomplished (one. year)
3. Slug load discharge or NOV; request development of Slug/ Spill Control WW Tech.
treatment bypass. First Plan and or TOMP (as appropriate)
offense within six
months.
4. Recurring slug load NOV; citation; Meeting with LV. to review WW Tech.
discharges or treatment deficiencies of Spill/Slug Control Plan and/or Asst. Dir
bypasses in six month TOMP and submit corrections with plans for
period. consistent compliance; increase sampling
5. Non-compliance results in NOV; citation; order show cause WW Tech.
SNC Asst. Dir
6. Violations that cause: The NOV; citation; order to cease and desist; show WW Tech.
POTW to bypass, have cause; investigate; evaluate judicial action; Asst. Dir
interference; harm to the and/or termination of service Dir
environment; endanger-
ment to life and/or
property
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1 . Report less than 30 days NOV WW Tech.
late
2. Failure to report as NOV; citation; meeting with I.U. WW Tech.
required by permit
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3. Reporting violation results NOV; citation; show cause WW Tech.
fn SNC Asst. Dir
4. Falsification NOV; citation; show cause; Investigate; WW Tech.
. . recommend judicial action; and/or termination of Asst. Oir
service Dir
NATURE OF VIOLATION ENFORCEMENT RESPONSE
PERSONNEL
1. Permit Prohibition NOV; meet with I.U.
violation; Initial violation
WW Tech.
2. Failure to properly NOV; meet with J.U.
operate and maintain a
pretreatment facility;
initial violation
WW Tech.
3. Continued non- compliance NOV; citation; show cause
WW Tech.
Asst. Director
v> Site
NATURE OF VIOLATION
ENFORCEMENT RESPONSE
PERSONNEL
1. Denial of entry to facility;
initial event
NOV; meeting with J.U.
WW Tech.
2. Inadequate record
I<eeping. Inspection
discovers files
incomplete or missing;
initial event
NOV; I.U. required to maintain records
WW Tech.
3. Slug/Spill Control Plan
and/or TOMP found to be
in violation
NOV; citation; rescind acceptance of current
plans; increase monitoring; meet with I.U.;
require plan revisions
WW Tech.
Asst. Dir
4. Continuing non-
compliance
NOV; issue citation; show cause hearing with
I.U. Investigate and recommend additional
judicial action and/or termination of service
WW Tech.
Asst. Dir
Dir
Abbreviations
SNC = Significant Noncompliance
NOV = Notice of Violation
TOMP = Toxic Organic Management Plan
I.U. \ = Industrial User
WW Tech. = Wastewater Technician
Asst. Dir = Assistant Public Works Director
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Dir = Public Works Director
Notice of Violation
NOVs will require a report from the Industrial_ User which will contain (at a minimum):
a. the cause, or probable cause of the noncompliance;
b. the actions taken and implemented to meet permit conditions;
must be sent within 30 days of the NOV to:
City of North Richland Hills
Attention: Wastewater Technician
PO Box 820609
N. Richland Hills, Texas 76182-0609
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Citations
Citations will be issued by (Personnel Responsible):
Kevin North badge # 530
Kevin Miller badge # 524
The recipient of a citation may:
- Pay the fine (not more than $2,000 per day per event)
- Seek adjudication
- Request hearing
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Adjudication
- Probationary
A recipient of a citation (first violation) in a six month period may
request adjudication. The period of probation will be for six months;
any violation of similar nature will be reason for levying of the probated
fine.
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Show Cause
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Show Cause will be the resolution step to Significant Noncompliance. A panel of five city
personnel, including legal representatives, will preside. The 1. U. may retain and bring legal
counsel. Show Cause panel discussions include, but are not limited to:
Compliance schedules
Fines
Increased monitoring frequency
Judicial action
Revocation of permit
Termination of service
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Meeting With I. U.
A meeting with the 1. U. will be held following any recurring violation. The meeting will be a
means to "positively" communicate the issue at hand and come to a consensus for remediation:
The meeting will include:
1. U. representative(s)
Wastewater Technician
Public Works Personnel