HomeMy WebLinkAboutOrdinance 3177 ORDINANCE NO. 3177
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,
AMENDING CHAPTER 78, ARTICLE III OF THE NORTH RICHLAND
HILLS CITY CODE (1992), AS AMENDED, REQUIRING PERMITS TO
DISCHARGE INDUSTRIAL WASTE INTO THE NORTH RICHLAND
HILLS SANITARY SEWER SYSTEM; AUTHORIZING THE
OPERATIONS MANAGER OF THE PUBLIC WORKS TO
PROMULGATE REGULATIONS PERTAINING TO SUCH PERMITTING,
PROVIDING FOR DEFINITIONS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING
ORDINANCE NO. 14 (1991); PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of North Richland Hills (the "City ") is a home rule city acting under
its charter adopted by the electorate pursuant to Article XI, Section 5 of
the Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council finds that the unregulated transportation and discharge of
liquid waste presents a hazard to the public health, safety, and welfare of
the citizens of the City; and
WHEREAS, the City provides waste water utility service through wholesale wastewater
contracts with the City of Fort Worth and the Trinity River Authority; and
WHEREAS, these wholesale waste water contracts provide that the City, as a
wholesale customer, agreed that it would comply with all permit conditions
in any way relating to the collection system and the discharge into the
collection system; and
WHEREAS, the Texas Commission on Environmental Quality has requested that the
holders of TPDES permits and all jurisdictions contributing to their
wastewater collection systems to make certain amendments and revisions
to their respective industrial waste ordinances.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1. The North Richland Hills City Code, Chapter 78, Article IV "Sanitary Sewer
System ", is hereby amended by repealing the existing Article IV and
adopting a new Article IV to read as follows:
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"ARTICLE IV. SANITARY SEWER SYSTEM
Sec.78 -211. Definitions.
When used in this Article, 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 250 mg /L or a Biochemical Oxygen Demand (BOD) concentration greater
than 250 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 Article.
Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Approval Authority: The Director of the Texas Commission on Environmental Quality
( "TC EQ ").
Authority: The City of North Richland Hills, Texas.
Authorized Representative of the Industrial User: Authorized representatives
(Authorized Signatories) for wastewater discharge permit applications and for reports
submitted under this Article are:
(1) 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.
(2) The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established or
actions taken to gather complete and accurate information for individual
wastewater discharge permit or any control mechanism requirements; and
where Authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(3) For a partnership or sole proprietorship, a general partner of the
proprietor, respectively.
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(4) 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.
(5) A duly authorized representative of the individual designated in (1), (2), (3)
or (4) above if:
(a) the authorization is made in writing by the individual described
above in (1), (2), (3) or (4);
(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.
(d) 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.
Best management practices (BMP): Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the
prohibitions listed in Section 78- 213(e)(4) [40 CFR 403.5(a)(1) and (b)] and to prevent
or reduce the pollution of the MS4 and waters of the United States. 13MPs include
treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure 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 Industrial User: An Industrial User subject to a categorical Pretreatment
Standard or categorical standard.
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 ].
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CFR: Code of Federal Regulations.
City: The City of North Richland Hills, Texas.
COD (Chemical Oxygen Demand): The measure of the oxygen- consuming capacity of
inorganic matter present in the water or wastewater expressed in mg /L as determined
by the amount of oxidant consumed from a chemical reflux. Such term does not,
however, differentiate between stable and unstable organic matter, and therefore does
not necessarily correlate with BOD.
Combined Wastestream Formula (CWF): A procedure found in 40 CFR 403.6(e) for
calculating fixed alternative discharge limits at Industrial facilities applicable when
regulated process wastewater, subject to a categorical pretreatment standard, is mixed
with non - regulated wastewaters prior to sampling.
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.
(1) 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).
(2) 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.
(3) Flow proportional composite will be used only in locations that have the
capability to measure flow during the sampling period.
Contaminated: Contains a harmful quantity of any substance.
Control Authority: The City of Fort Worth, Texas or the Trinity River Authority, as
holders of the respective Texas Pollutant Discharge Elimination System (TPDES)
permits and as holders of the wastewater contracts with the City of North Richland Hills.
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.
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Discharge: In its verb form: to deposit, conduct, drain edit, throw, run, allow to seep or
otherwise release or dispose; to allow, permit or suffer any of these acts or omissions.
In its noun form: the product of any of these acts.
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.
Disposal: The discharge, deposit, injection, dumping, spilling, leaking or placing of
Industrial, liquid or hazardous waste into or on land, water or the POTW.
EPA: Environmental Protection Agency of the federal government.
Existing Source: Any source of discharge, the construction or operation of which
commenced prior to the publication by the EPA of proposed categorical pretreatment
standards, which will be applicable to such source if the standard is thereafter
promulgated in accordance with Section 307 of the Act.
Garbage: Animal and vegetable waste or residue from preparation, cooking or
dispensing of food or from the handling, storage, and sale of food products and
produce.
Generator: A person who causes, creates, generates, or otherwise produces waste.
gpd: gallons per day.
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.
Hazardous Waste: Any liquid, semi - liquid or solid waste (or combination of wastes),
which because of its quantity, concentration, physical, chemical or infectious
characteristics is:
(1) Identified as hazardous waste in 40 CFR Part 261, or
(2) Identified or listed as a hazardous waste under the Texas Solid Waste
Disposal Act, Texas Health and Safety Code, Chapter 361.
Indirect Discharge or Discharge: The introduction of pollutants into a POTW from any
non - domestic source regulated under section 307(b), (c) or (d) of the Act.
Industrial Waste: Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade, or business process or from the development, recovery or
processing of natural resources.
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Industrial User or User: a source of Indirect Discharge.
Instantaneous Maximum Allowable Discharge Limit: The maximum concentration of
a pollutant allowed to be discharged at any time, determined from the analysis of any
discrete grab or composite sample collected, independent of the Industrial flow rate and
the duration of the sampling event.
Interference: A discharge which, alone or in conjunction with a discharge or
discharges from other sources:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use or disposal; and
(2) Therefore is a cause of a violation of any requirement of the POTW's
TPDES 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; or
(3) Therefore is a cause of a violation of a wastewater contract for sewage
disposal or of receiving water quality standards.
Maximum daily average: The maximum concentration of a substance allowed in a
discharge as determined from a laboratory test of a daily composite sample. The daily
composite sample is the concentration of discharge of a pollutant measured during a
calendar day or any 24 -hour period that reasonably represents the calendar day for
purposes of sampling.
May: Is permissive.
mg /L: Milligram per liter.
Monitored User: Commercial and Industrial Users which are not classified as
Significant Industrial Users and do not discharge a significant amount of regulated
pollutants on a regular basis.
Monthly Average Limit: The highest allowable average of "daily discharges" over a
calendar month, calculated as the sum of all "daily discharges" measured during a
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calendar month divided by the number of "daily discharges" measured during that
month.
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:
(1) The building, structure, facility or installation is constructed at a site at
which no other source is located; or
(2) The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an
existing source; or
(3) 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.
(4) 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 (2) or
(3) above but otherwise alters, replaces, or adds to existing process or
production equipment.
(5) Construction of a new source under this definition has commenced if the
owner or operator has;
(A) Begun, or caused to begin as part of a continuous onsite
construction program;
(i) any placement, assembly, or installation of facilities or
equipment; or
(ii) significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or
facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
(B) Entered into a binding contractual obligation for the purchase of
facilities or equipment which is intended to be used in its operation
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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 definition.
Non - significant Categorical Industrial User: For facilities discharging to the City of
Fort Worth Village Creek Wastewater Treatment Facility, an Industrial User that is
subject to categorical Pretreatment Standards may, at the sole discretion of the
Operations Manager, be permitted as a Non - Significant Categorical Industrial User
(NSCIU) if the following conditions are met:
(1) The Industrial User, prior to City's finding, has consistently complied with
all applicable categorical Pretreatment Standards and Requirements;
(2) The Industrial User annually submits the certification statement required in
Section 78- 215(a)(4)(1)(ii) [see 40 CFR 403.12(q)], together with any
additional information necessary to support the certification statement; and
(3) The Industrial User never discharges any categorical process wastewater
into the sanitary sewer.
Normal Wastewater: Wastewater in which the average concentration of Total
Suspended Solids is not more than 250mg /L and BOD is not more than 250mg /L, and
which is otherwise acceptable to be discharged into a sanitary sewer under the terms of
this Article.
NPDES (National Pollutant Discharge Elimination System): National Pollutant
Discharge Elimination System permit program of the Environmental Protection Agency,
and /or the permit program of the State agency delegated to act on the Environmental
Protection Agency's behalf with an approved pretreatment program (e.g. TPDES or
Texas Pollutant Discharge Elimination System.).
North American Industry Classification System ( NAICS): A system used by the
Federal Government for collecting and organizing industry- related statistics. The
NAICS codes are updated every five years to stay current with industry developments.
Noncontact Cooling Water: Water used for cooling which does not come into direct
contact with raw materials, intermediate product, waste product, or finished product.
O and M (or O &M): Operation and Maintenance.
Operations Manager: The Operations Manager of Public Works of the City or his /her
authorized representative.
Other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage,
offal, oil, tar, and all other substances except sewage and Industrial wastes.
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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 pay or be legally responsible for such payment if so connected.
Over Load: The discharge of BOD /COD, solids or wastewater volume in excess of the
POTW's capacity.
Pass Through: The discharge of pollutants through the POTW into waters of the United
States in quantities or concentrations which are a cause of or significantly contribute to
a violation of any requirement of the POTW's TPDES or NPDES permit.
Permit: Wastewater Discharge Permit, issued to non - domestic dischargers into the
sanitary sewerage system of the POTW.
Person: Any individual, business entity, partnership, corporation, governmental agency,
political subArticle, 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; ; a measure of the acidity or alkalinity of a solution,
expressed in standard units.
Polluted Water: Water and /or liquid waste containing any of the following:
a. Free or emulsified grease, and /or oil.
b. Acids or alkalis.
C. Phenols or other substances producing taste or odor in receiving water.
d. Toxic or poisonous substances in suspension, colloidal state or solution.
e. Noxious or otherwise obnoxious or odorous gases, liquids or solids.
f. More than ten (10) mg /L of Total Suspended Solids or BOD, or both.
g. Color; either True or Apparent, exceeding fifty (50) units.
h. More than 500 mg /L of dissolved solids, more than 250mg /L of chlorides
or more than 250mg /L sulfates.
i. A pH value of less than 5.5 or greater than 11.0 for discharges to TRA;
and lower than 5.0 or higher than 12.0 for discharges to Fort Worth.
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j. Any water or wastewater not approved for discharge into Water of the
State by the TCEQ.
Pollutant: Dredged spoil, solid, waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and Industrial, municipal and
agricultural waste discharged into water.
POTW (Publicly Owned Treatment Works): A treatment works as defined by Section
212 of the Act, which is owned by the Control Authority. This definition includes any
devices and systems used in the collection, storage, treatment, recycling and
reclamation of sewage or Industrial wastes of a liquid nature and any other
conveyances which convey wastewater to a treatment plant.
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 Pretreatment Standard, imposed on an Industrial User.
Pretreatment Standard: The term "Pretreatment Standard," or "Standard" means
prohibited discharge limits established pursuant to 40 CFR Part 403.5, categorical
pretreatment standards, and local limits, including BMPs.
Process wastewater: The water that comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished product, byproduct,
waste product, or wastewater.
Public Sewer: Pipe or conduit carrying sanitary or storm wastewater or unpolluted
drainage in which owners of abutting properties shall have the use, subject to control by
the City.
Public Works Utility Superintendent (or Superintendent): Public Works Utility
Superintendent of the City, or his /her authorized representative.
Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport
Industrial waste and domestic sewage to the POTW.
Sanitary Sewer Service: A sewer conveying wastewater from the premises of a User
to the POTW.
Septage: Wastes removed from a septic tank.
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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.
Shall: Is mandatory.
Significant Change: An increase or decrease in the volume of wastewater discharged
by more than twenty percent (20 %) 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):
(1) For facilities discharging to the City of Fort Worth Village Creek
Wastewater Treatment Facility:
(A) An Industrial User subject to Categorical Pretreatment Standards
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any
other Industrial User that:
(i) 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);
(ii) 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
(iii) 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 in accordance with 40
CFR 403.8(f)(6).
(B) An Industrial User that is subject to categorical Pretreatment
Standards may, at the discretion of the Operations Manager, be
permitted as a Non - Significant Categorical Industrial User (NSCIU)
based on a finding that the Industrial User never discharges
categorical wastewater (excluding sanitary, non contact cooling and
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boiler blow -down wastewater, unless specifically included in the
Pretreatment Standard) and the following conditions are met:
(i) The Industrial User, prior to City's finding, has consistently
complied with all applicable categorical Pretreatment
Standards and Requirements;
(ii) The Industrial User annually submits the certification
statement required in Section 78- 215(a)(4)(1)(ii) [see 40 CFR
403.12(q)], together with any additional information
necessary to support the certification statement; and
(iii) The Industrial User never discharges any categorical
process wastewater into the sanitary sewer.
(C) Upon a finding that a non - categorical 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 Operations Manager
may at any time on its own initiative or in response to a petition
received from a noncategorical Industrial User, and in accordance
with 40 CFR 403.8(f)(6), determine such User is not a significant
Industrial User.
(2) For facilities discharging to Trinity River Authority Central Regional
Wastewater System:
(A) An Industrial User subject to categorical pretreatment standards
and any other Industrial User that:
(i) Discharges an average of twenty -five thousand (25,000)
gallons per day or more of process wastewater to a POTW
(excluding sanitary, noncontact cooling or boiler blowdown
wastewater);
(ii) Contributes a process waste stream which makes up five (5)
percent or more of the average dry weather hydraulic or
organic capacity of a POTW; or
(iii) 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.
(B) Upon a finding that a non - categorical Industrial User meeting the
criteria for a significant Industrial User has no reasonable potential
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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
non - categorical Industrial User, determine such User is not a
Significant Industrial User.
Slug Load or Slug Discharge: Any discharge at a flow rate or concentration, which
could cause a violation of the prohibited discharge standards in this Article. A Slug
Discharge is any Discharge of a non routine, episodic nature, including but not limited to
an accidental spill or a non customary batch Discharge, which has a reasonable
potential to cause Interference or Pass Through, or in any other way violate the POTW's
regulations, local limits or Permit conditions.
Standard Industrial Classification (SIC) Code: The codes which best describe the
activities conducted at the facility or establishment. SIC codes are 4 digit numbers used
by the Bureau of Census as part of a system to categorize and track the types of
business activities conducted in the United States. The first two digits of the code
represent the major industry group and the second two digits represent the specific
subset of that group. A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
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.
State: The State of Texas.
Storm Sewer: All roads with drainage systems, streets, catch basins, curbs, gutters,
ditches, watercourses and storm drains, which are designed or used for collecting or
conveying storm water.
Storm Water: Any flow occurring during or following any form of natural precipitation,
and resulting from such precipitation including snowmelt.
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.
Total Toxic Organics (TTO): The sum of masses or concentration of the toxic organic
compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in
Industrial Users' discharges at a concentration greater than 0.01 mg /L. Only those
parameters reasonably suspected to be present, to be determined by the City, if any,
shall be analyzed for with non - categorical industries. With Categorical industries, the list
of TTOs is specific for every applicable federal category. TTO's will be sampled for as
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stipulated in the particular category or those parameters reasonably suspected to be
present, to be determined by the City, where not stipulated.
Texas Pollutant Discharge Elimination System (TPDES) Permit: Permit issued by
the Texas Commission on Environmental Quality under authority delegated pursuant to
33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United
States, whether the permit is applicable on an individual, group or general area -wide
basis.
Toxic Pollutant: Any substance that is identified as hazardous waste in 40 CFR Part
261 or established pursuant to 40 CFR Part 403.
TRA: Trinity River Authority.
Transporter: A person who owns or operates a vehicle used for the purpose of
transporting waste, or a person who authorizes such operation.
Upset: An exceptional incident in which a discharger unintentionally and temporarily is
in a state of noncompliance with the standards established in this Article, 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. Any affirmative defenses to upset only apply to federal court actions as per
Section 78- 216(g)(3).
U.S.C: United States Code.
User: A person who is a source of an indirect discharge.
Waste: Rejected, unutilized or superfluous substances in liquid, gaseous or solid form
resulting from domestic, agricultural, commercial or Industrial activities.
Wastewater: Liquid and water - carried Industrial waste and sewage from residential
dwellings, commercial buildings, Industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the POTW.
Watercourse: A natural or man -made channel in which a flow of water occurs, either
continuously or intermittently.
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 contained within, flow through or border upon the State or any portion
thereof.
Sec. 78 -212. Purpose and policy; Administration.
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(a) This Article 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 Article 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 general public's health and
POTW personnel in conformance with all applicable State and federal laws
relating thereto, including the Clean Water Act. Parts of this Article are enacted
pursuant to regulations established by the U.S. Environmental Protection Agency
(EPA) as set forth in 40 CFR Part 403 and all applicable State and federal laws,
including the Clean Water Act (33 United States Code 1251 et seq.) and as set
forth in 40 CFR Part 403.
(b) All categorical pretreatment standards, lists of toxic pollutants, record - keeping
requirements, 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 Article, as will EPA regulations regarding sewage pretreatment
established pursuant to the Act, and amendment of this Article to incorporate
such changes shall not be necessary. The Authority shall maintain current
standards and regulations which shall be available for inspection and copying.
(c) The objectives of this Article are:
(1) To prevent the introduction of pollutants into the Authority wastewater
system that will interfere with the normal operation of the system, including
interference with the use or disposal of sludge, or contaminate the
resulting sludge;
(2) To prevent the introduction of pollutants into the POTW, and which will
pass through the system into receiving waters or the atmosphere or which
are otherwise incompatible with the system;
(3) To improve the opportunity to recycle or reclaim wastewater and sludge
from the system;
(4) To provide for the equitable distribution of the cost of operation,
maintenance, and improvement of the POTW;
(5) To prevent the entrance of pollutants into watercourses within the City and
to maintain the quality of water consistent with public health and
enjoyment;
(6) To ensure that the quality of wastewater treatment plant sludge is
maintained at a level that allows its use and disposal in compliance with
applicable statutes and regulations;
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(7) To protect POTW personnel who may be affected by wastewater and
sludge in the course of their employment and to protect the general public;
and
(8) To enable the City to comply with its contracts with the City of Fort Worth
and the Trinity River Authority; to enable the Trinity River Authority and the
City of Fort Worth to comply with their NPDES or TPDES permit
conditions, sludge use and disposal requirements, and any other Federal
and State laws to which the POTW is subject.
(d) The regulation of discharges into the Authority's wastewater system under this
Article shall be accomplished through the issuance of permits, as specified in
Section 78 -215, and by monitoring and inspection of facilities, according to this
Article.
(e) The Operations Manager shall have the authority to promulgate such
administrative regulations that are consistent with this Chapter and necessary for
the enforcement of this Article.
(f) For the purpose of promoting consistency of enforcement throughout the City's
jurisdiction and service areas, the Operations Manager shall promulgate an
Enforcement Response Plan (ERP).
(g) The Operations Manager is authorized to administer, implement, and enforce the
provisions of this Article. Additionally, the Operations Manager is authorized to
make inspections pursuant to this Article and to take enforcement action against
violators.
Sec. 78 -213. Prohibited discharges.
(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) GENERAL PROHIBITED DISCHARGES
(1) No person shall discharge or cause to be discharged any storm water,
surface water, ground water, artesian well water, condensate, de- ionized
water, noncontact cooling water, roof runoff, subsurface drainage, and
unpolluted wastewater or drainage from downspouts, yard drains, yard
fountains and ponds, or lawn sprays into any sanitary sewer.
(2) Water from unpolluted industrial water or cooling water from various
equipment shall not be discharged into sanitary sewers if an alternate
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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 with the approval of the City.
(3) No User shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference. These
general prohibitions apply to all Users of the POTW whether or not they
are subject to categorical pretreatment standards or any other National,
State, or local Pretreatment standards or requirements.
(c) PROHIBITED SEWER CONNECTIONS
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.
(d) SPECIFIC DISCHARGE PROHIBITIONS
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 Fahrenheit (150° F), sixty -five degrees Centigrade
(65° C) or 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 one hundred and four degrees
Fahrenheit (104° F) or forty degrees Centigrade (40° C) upon entering the
POTW treatment plant.
(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° F) 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 one hundred forty degrees Fahrenheit
(140° F) sixty degrees Centigrade (60° C) 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.
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(4) Obstruction Solid or viscous substances in quantities capable of causing
obstruction in the flow in sewers or other interference, 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 liquids, gases, solids, or other
wastewater which, either singly or by interaction with other wastes, are
sufficient to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance 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 Article. 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 405 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 which cannot
be removed by 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;
(12) Toxicity Test Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test,
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(13) Swimming Pool Swimming pool drainage from private residential pools
may not be discharged to the sanitary sewer system. Swimming pool
drainage from public and semi - public swimming pools may be discharged
to the POTW with the prior consent of the Authority. Swimming pool filter
backwash may be discharged to the POTW;
(14) Detergents Detergents, surface- active agents, or other substances which
may cause excessive foaming in the POTW;
(15) Medical Waste Medical wastes, except as specifically authorized by the
Authority in a wastewater discharge permit;
(16) Pollutants Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(17) Interference Any Pollutant, including oxygen- demanding pollutants (BOD,
etc.) released in a discharge at a flow rate and /or pollutant concentration
which, either singly or by interaction with other pollutants, will cause
Interference with the POTW.
(18) Oils Petroleum oil, non - biodegradable cutting oil, or product of mineral oil
origin in amounts that will cause Interference or Pass Through.
(19) Trucked or Hauled Pollutants Trucked or hauled pollutants, except at
discharge points designated by the Authority in accordance with Section
78- 213(c).
(20) pH. Pollutants which will cause corrosive structural damage to the POTW,
but in no case discharges with pH lower than 5.0, unless the works is
specifically designed to accommodate such discharges.
(21) Oil and grease
(A) For facilities discharging to the City of Fort Worth Village
Creek Wastewater Treatment Facility:
(i) Petroleum oil, non - biodegradable cutting oil, or non polar
products of mineral oil origin in concentrations greater than
two hundred (200) mg /L; or
(ii) Visible free floatable polar oils, fats, or grease or a
concentration greater than two hundred (200) mg /L in
wastewater discharged from Industrial or commercial
facilities into the POTW.
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(iii) In no case shall discharges in amounts that cause
interference or operational problems with the POTW be
allowed.
(B) For facilities discharging to Trinity River Authority Central
Regional Wastewater System: Solid or viscous substances in
amounts which will cause obstruction of the flow in the POTW
resulting in interference but in no case solids greater than one -half
(1/2) inch in any dimension of fats, oil and grease measured as
total oil and grease in excess of two hundred (200) mg /L.
(22) BTEX BTEX concentration greater than 1.0 mg /L.
(23) Gases Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of ten
(10) parts per million.
(24) 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.
(25) 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.
(26) 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.
(27) Explosive Wastewaters which emanate vapors causing the atmosphere
in the sewer system to exceed twenty percent (20 %) of the lower
explosive limit in the immediate area of the discharge.
(e) WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged, directly or indirectly, into
any sanitary sewer any wastewater containing or having:
(1) Acids or alkalies Acids or alkalies capable of causing damage to sewage
disposal structures or personnel or having a pH value:
(A) lower than 5.0 or higher than 12.0 for discharges to Fort Worth; or
(B) lower than 5.5 or higher than 11.0 for discharges to TRA.
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(2) Local limits Metals in the form of compounds or elements with total
concentrations exceeding the following:
INSTANTANEOUS
MAXIMUM ALLOWABLE
DISCHARGE LIMIT (mg /L)
For Discharges For Discharges
to TRA to Fort Worth
Arsenic 0.2 0.25
Cadmium 0.1 0.15
Chromium 2.9 5.0
Copper 2.3 4.0
Lead 0.9 2.9
Mercury 0.0004 0.01
Molybdenum 0.8 No Limit
Nickel 4.6 2.0
Selenium 0.1 No Limit
Silver 0.8 1.0
Zinc 8.0 5.0
TTO 2.13 No Limit
(3) Cyanide Cyanide or cyanogen compounds (expressed as total Cn) in
excess of:
(A) 1.0 mg /L for discharges to Fort Worth; and
(B) 0.5 mg /L for discharges to TRA.
(4) Best Management Practices The Operations Manager may develop Best
Management Practices (BMPs), by ordinance or in individual wastewater
discharge permits, to help implement Local limits and other pretreatment
standards.
(5) A person commits an offense if with criminal negligence the person
processes or stores pollutants, substances, or wastewater prohibited by
this section in such a manner that they could be discharged to the POTW.
(f) ACCIDENTAL DISCHARGE /SLUG DISCHARGE CONTROL PLAN
The Authority shall evaluate whether each SIU needs an accidental
discharge /slug discharge control plan or other action to control Slug Discharges
at the time of SIU determination or at least by the first year. All the activities
associated with slug control evaluation and results are to be kept in the Industrial
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User file. The Authority may require any User to develop, submit for approval,
and implement such a plan or take such other action that may be necessary to
control Slug Discharges. Alternatively, the Authority may develop such a plan for
any User. An accidental discharge /slug discharge control plan shall address, at
a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Authority of any accidental or
slug discharge, as required by Section 78- 214(b); and
(4) Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of materials, loading
and unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants, including solvents, and /or measures and
equipment for emergency response.
(g) INTERCEPTORS REQUIRED
Where any wastewater may contain sand, grit, debris, undesirable wastes or oil
and grease in excess of the allowable limit, appropriate interceptors to remove
the aforementioned substances shall be provided and maintained by the person
contributing to or causing the discharge, directly or indirectly, at his /her own
expense and as required by the Authority. Such dischargers shall:
(1) Direct all waste streams, which may contain oil, grease, sand, grit, and
solids into an approved interceptor or other pretreatment device approved
by the Authority.
(A) All fixtures, equipment, and drain lines located in a facility's food
preparation and clean up areas shall be connected to an
interceptor.
(B) The following types of equipment or fixtures shall be connected to a
grease interceptor: pre -rinse or pre -wash sinks or sinks in
dishwashing areas; dishwashers; two or three compartment sinks;
wok stoves; garbage disposals; kitchen floor drains; floor sinks;
mop sinks; food prep sinks; and hand sinks.
(2) Provide equipment and facilities of a type, design and minimum capacity
approved by the Authority.
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(A) Interceptors designed to remove oil and grease shall be designed
to hold one hundred percent (100 %) of the discharger's estimated
waste stream for a minimum of twelve (12) minutes.
(i) The interceptor shall have a minimum of two compartments
and a minimum of one baffle.
(ii) The interceptor shall be capable of separation and retention
of grease and storage of settled solids.
(iii) The interceptor shall be designed, constructed, and installed
for adequate load bearing capacity.
(iv) A manhole cover shall be installed over each compartment
of sufficient size to accommodate cleaning and
maintenance.
(v) The interceptor shall be installed in a location outside of the
building.
(vi) The interceptor size shall be based on the following
calculation or as determined by the Authority.
Total fixture waste stream' x 40% x 12 minutes = interceptor
capacity
' The total fixture estimated waste stream is determined by
adding the diameters (in inches) of all drains discharging into
the interceptor and multiplying this number by 7.5.
2 In gallons.
(3) Dischargers who discharge extraordinary amounts of abnormal waste may
be required to have a higher than minimum capacity interceptor.
(4) Locate the interceptor in a manner that provides ready and easy
accessibility for monitoring, cleaning, and inspection.
(5) Maintain the interceptor in an effective operating condition by completely
cleaning the interceptor and removing all accumulated wastes quarterly (3
months) or at a greater frequency as needed to meet regulated discharge
limits.
(6) No chemicals, enzymes, bacteria, or other chemical grease- reducing
agents shall be added to an interceptor.
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(7) Provide monitoring facilities as specified by the Authority.
Sec. 78 -214. 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. All
limitations listed in this Article shall apply at the point where the
wastewater is discharged to the POTW.
(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 Article.
(3) Mass Limitations Where deemed appropriate the Authority may apply
mass limitation expressed in pounds per day of pollutant discharged.
(4) Categorical Pretreatment Standards
(A) Where a categorical pretreatment standard is expressed only in
terms of either the mass or the concentration of a pollutant in
wastewater, the Authority may impose equivalent concentration or
mass limits in accordance with 40 CFR 403.6(c).
(B) When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard,
Operations Manager shall impose an alternate limit using the
combined waste stream formula in 40 CFR 403.6(e).
(C) A User may obtain a variance from a categorical pretreatment
standard if the User can prove, pursuant to the procedural and
substantive provisions in 40 CFR 403.13, that factors relating to its
discharge are fundamentally different from the factors considered
by EPA when developing the categorical pretreatment standard.
(D) A User may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.25.
(b) ACCIDENTAL DISCHARGE
(1) Each discharger shall provide protection from accidental discharge of
prohibited or regulated materials or substances established by this Article.
Where necessary, facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the discharger's cost and
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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 Article.
(2) Dischargers shall notify the Authority immediately upon the occurrence of
a "slug" or accidental discharge of substances prohibited by this Article.
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 discharger's Authorized Representative. Within five (5)
days following such discharge, the User shall submit to the Operations
Manager a detailed written report which specifies:
A description and cause of the discharge, including location of the
discharge, type, concentration, and volume of water; duration of
noncompliance including exact dates and times of noncompliance and, if
the noncompliance is continuing, an immediate response to cause the
noncompliant discharge to cease; and all steps taken or to be taken to
reduce, eliminate, and prevent continuation or recurrence of such an
upset, slug load, or accidental discharge, spill, or other conditions of
noncompliance. 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.
(3) A notice shall be permanently posted on the User's bulletin board or other
prominent place advising employees who to call in the event of a
discharge described in this subsection. 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 notified.
(c) WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS
All dischargers who discharge wastewater into a private sewer system shall
comply with this Article including Section 78 -215, 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 Article.
(d) PROHIBITION OF BYPASS
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(1) Bypass 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 judgment,
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.
(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 Section 78- 214(d)(1).
(e) NOTIFICATION OF HAZARDOUS WASTE DISCHARGES
All dischargers shall notify the Authority, the Control Authority, the EPA's
Regional Waste Management Article Director, and the Approval Authority 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 Subsection must be submitted in conformance
with 40 CFR Part 403.12 (p).
(f) PRETREATMENT FACILITIES
(1) Users shall provide wastewater treatment as necessary to comply with this
Chapter and shall achieve compliance with all categorical pretreatment
standards, local limits, and the prohibitions set out in this Article 2 of this
Ordinance No. 3177
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Chapter within the time limitations specified by EPA or TCEQ, the State,
or the Operations Manager, whichever is more stringent.
(2) The User shall provide, operate, and maintain any facilities necessary for
compliance at the User's sole expense.
(3) The Operations Manager may require a User to submit detailed plans
describing such facilities and operating procedures for review. The review
of such plans and operating procedures shall in no way relieve the User
from the responsibility of modifying such facilities as necessary to produce
a discharge acceptable to the City under the provisions of this Article.
Sec. 78 -215. Administration by permit.
(a) FACILITIES DISCHARGING TO THE CITY OF FORT WORTH VILLAGE
CREEK WASTEWATER TREATMENT FACILITY.
The permit procedures and regulations of this Section 78- 215(a) apply to an
Industrial User that discharges to the Village Creek Wastewater Treatment
Facility in the City of Fort Worth.
(1) Wastewater discharge permit required.
(A) All nondomestic Users which discharge into the POTW shall be
grouped according to the following definitions:
(i) Group I - Significant Industrial Users.
(ii) Group II - Commercial facilities and Non - Significant
Industrial Users (NSIU). Those commercial facilities and
Industrial Users which are not included in Group I. Examples
include, but are not limited to, automotive service shops, car
washes, small food processors, and photographic
developing shops.
(iii) Group III - Classed high strength Users. Restaurants or
other businesses which can be classed according to any
average strength or abnormal strength of their wastewater.
(iv) Group IV - Wastewater haulers. Septage and chemical toilet
waste haulers desiring to discharge into the POTW. Waste
must be generated within the city's service area.
(v) Group V - Ground water remediation dischargers.
Dischargers who are retrieving contaminated underground
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water, pretreating such water, and then discharging into the
POTW.
(vi) Group VI - Non - Significant Categorical Industrial User
Industrial User (NSCIU). Facility that never discharges
categorical wastewater even though categorical process(es)
are located on -site.
(B) No Group I, Group IV or Group V or Group VI User shall discharge
wastewater into the POTW without first obtaining a wastewater
discharge permit from the Authority.
(C) The Authority may require any Group II or Group III User to obtain a
wastewater discharge permit. Within thirty (30) days after being
notified by the Authority that a wastewater discharge permit is
required, the User shall submit a completed application in
compliance with this article. After sixty (60) days from the date a
Group II or Group III User is notified by the Authority that a permit is
required, the User shall cease discharge to the POTW without a
wastewater discharge permit.
(D) Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this article and subjects the
wastewater discharge permittee to the sanctions set out in this
Article. Obtaining a wastewater discharge permit does not relieve a
permittee of its obligation to comply with all federal and State
pretreatment standards or requirements or with any other
requirements of federal, State, and local law.
(2) Permits. All Industrial Users determined by the city to be a significant
Industrial User shall submit a wastewater discharge permit application to
the Authority on a form provided by the Authority. For Significant Industrial
Users, an application shall be filed with the Operations Manager at least
ninety (90) days prior to the date upon which any discharge will begin or
recommence. Non - significant categorical Industrial Users (NSCIU) and
non - significant Industrial Users (NSIU) shall be required to submit
applications at dates specified by the Operations Manager. Incomplete or
inaccurate applications will not be processed and will be returned to the
User for revision.
(A) The application shall contain:
(i) All information required by Section 78- 215(a)(4).
(ii) Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemical
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used or stored at the facility which are, or could accidentally
or intentionally be, discharged into the POTW;
(iii) Number and type of employee, hours of operation, and
proposed or actual hours of operation;
(iv) Each product produced by type, amount, process or
processes, and rate of production;
(v) Type and amount of raw materials processed (average and
maximum per day);
(vi) Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, floor drains, and appurtenances
by size, location, and elevation, and all points of discharge;
(vii) Time and duration of discharge; and
(viii) Any other information as may be deemed necessary by the
Authority to evaluate the wastewater discharge permit
application.
(ix) All dischargers shall submit an Industrial Waste
Questionnaire. The questionnaire will be reviewed by the
Public Works Utility Superintendent or authorized
representative. If deemed necessary, dischargers may also
be required to obtain a Permit as outlined herein.
(B) No categorical Industrial User shall be allowed to discharge until
issued a valid permit.
(C) 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 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.
(D) 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 Article, the Authority may
specify that the applicant be required to provide pretreatment of the
waste before it is deemed acceptable for sewer discharge.
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(E) Where additional pretreatment and /or operation and maintenance
activities will be required to comply with this Article, pursuant to
Section 78- 215(a)(4)(E), 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.
(i) 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 Article 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 Article.
(ii) 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 compliance date
established for applicable categorical pretreatment
standards.
(iii) 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.
(F) 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
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operating condition at the expense of the discharger. Failure to
provide proper monitoring facilities shall be grounds for denial of a
permit.
(3) 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.
(A) Wastewater Discharge Permit Transfer may be transferred to a new
owner or operator only if the permittee gives at least a 90 days
advance notice to the Authority and the Authority approves the
wastewater discharge permit transfer. The notice to the Authority
must include a written certification by the new owner or operator
which:
(i) States that the new owner and /or operator has no immediate
intent to change the facility's operations and process;
(ii) Identifies the specific date on which the transfer is to occur;
and
(iii) Acknowledges full responsibility for complying with the
existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
(B) Wastewater Discharge Permit Requirements:
(i) A statement that indicates wastewater discharge permit
duration, which in no event shall exceed five (5) years;
(ii) A statement that the wastewater discharge permit is
nontransferable without prior notification to the City in
accordance with Section 78- 215(a)(3)(A), and provisions for
furnishing the new owner or operator with a copy of the
existing wastewater discharge permit;
(iii) Effluent limits and Best Management Practices based on
applicable general pretreatment standards as set forth in
CFR part 403, categorical pretreatment standards, local
limits, and State and local law;
(iv) Self- monitoring, sampling, reporting, notification, and
record - keeping requirements. These requirements shall
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include and identification of pollutants (or Best Management
Practices) to be monitored, sampling location, sampling
frequency, and sample type based on federal, State, and
local law; and
(v) Permits shall contain a statement of the civil and criminal
penalties for violation of pretreatment standards and
requirements and any applicable compliance schedule. Such
schedule may not extend the time for compliance beyond
that required by federal, State, and local law.
(C) Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(i) Limits on the average and /or maximum rate of discharge,
time of discharge, and /or requirements for flow regulation
and equalization;
(ii) Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works;
(iii) Requirements for the development and implementation of
spill control plans or other special conditions including
management practices necessary to adequately prevent
accidental, unanticipated, or nonroutine discharges;
(iv) Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the
POTW, the unit charge or schedule of User charges and
fees for the management of the wastewater discharge to the
POTW;
(v) The unit charge of schedule of user charges and fees for
management of the wastewater discharge to the POTW;
(vi) Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(vii) A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for
compliance with all applicable federal and State
pretreatment standards, including those which become
effective during the term of the wastewater discharge permit,
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(viii) Other conditions as deemed appropriate by the Authority to
ensure compliance with this Article, and State and federal
laws, rules, and regulations;
(ix) Limits on the maximum wastewater constituents and
characteristics and location of approved discharge points;
and
(x) Requirements to control Slug Discharge, if determined by
the Operations Manager to be necessary.
(4) REPORTING REQUIREMENTS FOR DISCHARGERS
(A) 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 O & M or pretreatment is
necessary to bring the discharger into compliance with the
applicable categorical pretreatment standards. The report shall
also contain:
(i) Identifying Information The name and address of the
facility, including the name of the operator and owner.
(ii) Environmental Permits A list of any environmental control
permits held by or for the facility.
(iii) Description of Operations A brief description of nature,
average rate of production, standard Industrial classifications
of the operation(s) carried out by such User. This description
should include a schematic process diagram which indicates
points of discharge to the POTW from the regulated
processes.
(iv) Flow Measurement Information showing the measured
average daily and maximum daily flow, in gallons per day, to
the POTW from regulated process streams and other
streams, as necessary, to allow use of the combined waste
stream formula set out in 40 CFR 403.6(e).
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(v) Measurement of Pollutants
a. The categorical pretreatment standards applicable to
each regulated process.
b. The result of sampling and analysis identifying the
nature and concentration, and /or mass, where
required by the standard or by the Authority, of
regulated pollutants in the discharge from each
regulated process. Instantaneous, daily maximum,
and long -term average concentrations, or mass,
where required, shall be reported. The sample shall
be representative of daily operations and shall be
analyzed in accordance with procedures set out in
Section 78- 215(a)(4)(D)(ii). In cases where the
standard requires compliance with a best
management practice or pollution prevention
alternative, the User shall submit documentation as
required by the City or the applicable standards to
determine compliance with the standard.
C. Sampling must be performed in accordance with
procedures set out in Section 78- 215(a)(4)(D)(ii).
d. The User shall take a minimum of one representative
sample to compile the data necessary to comply with
the requirements of this paragraph. However, the
Operations Manager may allow the submission of a
baseline report which utilizes only historical data so
long as the data provides information sufficient to
determine the need for Industrial pretreatment
measures. Historical data than can represent the
current discharge only can be accepted as a baseline
report.
e. The baseline report shall indicate the time, date and
place of sampling and methods of analysis, and shall
certify that such sampling and analysis is
representative of normal work cycles and expected
pollutant discharges to the POTW.
(vi) Certification A statement, reviewed by the User's authorized
representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on
a consistent basis, and, if not whether additional operation
Ordinance No. 3177
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and maintenance (O &M) and /or additional pretreatment is
required to meet the pretreatment standards and
requirements.
(vii) Compliance Schedule If additional pretreatment, best
management practices and /or O &M will be required to meet
the pretreatment standards, the shortest schedule by which
the User will provide such additional pretreatment and /or
O &M must be provided. The completion date in this
schedule shall not be later than the compliance date
established for the applicable pretreatment standard. A
compliance schedule pursuant to this Article must meet the
requirements set out in Section 78- 215(a).
(viii) Signature and Certification All baseline monitoring reports
shall be signed by an Authorized Representative and
certified by a qualified professional as stated in 40 CFR Part
403.12(b)(6).
(B) 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 the applicable categorical
pretreatment standards or requirements are being met on a
consistent basis and, if not, what additional O & M or pretreatment
is necessary to bring the discharger into compliance with the
applicable categorical pretreatment standards or requirements,
including best management practices. This report shall be signed
by an authorized representative of the discharger.
(C) Periodic Compliance Reports
(i) Any discharger subject to a categorical pretreatment
standard made a part of this Article 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,
including Best Management Practices. Reports are required
after the compliance date of such a pretreatment standard,
or in the case of a new discharger, after commencement of
Ordinance No. 3177
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the discharge, and are to be submitted at least once every
six months (on dates specified by the Authority).
(ii) In addition, where applicable, this report shall include a
record of all measured or estimated average and maximum
daily flows. 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.
(iii) In cases where the Pretreatment Standard requires
compliance with Best Management Practice (BMP) or
pollution prevention alternative, the User must submit
documentation required by City or the Pretreatment
Standard necessary to determine the compliance status of
the User, and contributing information as is determined
necessary to account for water usage, materials recovery, or
disposal practices.
(iv) All Non - significant Categorical Industrial Users (NSCIU) shall
submit a report annually in the month specified by the
Operations Manager. The report shall be completed
according to the City's current reporting requirements,
including the submittal of any applicable certification
statements and data obtained through appropriate sampling
and analysis performed during the period covered by the
report which data are representative of conditions occurring
during the reporting period.
(v) If the Operations Manager has determined that a Non-
significant Industrial User (NSIU) needs a permit, then the
NSIU shall submit a report annually in the month specified
by the Operations Manager. The report shall be completed
according to the City's current reporting requirements,
including the submittal of any applicable certification
statements.
(vi) All periodic compliance reports shall be signed and certified
in accordance with Section 78- 215(a)(4)(1).
(vii) All wastewater samples shall be representative of the User's
discharge. Wastewater monitoring and flow measurement
facilities shall be properly operated, kept clean, and
Ordinance No. 3177
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maintained in good working order at all times. The failure of
a User to keep its monitoring equipment in good working
order shall not be grounds for the User to claim that sample
results are unrepresentative of its discharge.
(viii) Non - detectable sample results may be used only as a
demonstration that a pollutant is not present if the EPA
approved method from 40 CFR Part 136 with the lowest
minimum detection level for that pollutant was used in the
analysis.
(D) Analysis and Sampling Procedures
(i) 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 of the EPA. 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.
(ii) Sample Collection
a. Except as indicated in Subsection (ii) the User must
collect wastewater samples using 24 -hour flow
proportional composite collection techniques. In the
event flow proportional sampling is infeasible, the
Authority may authorize the use of time proportional
sampling or a minimum of four (4) grab samples
where the User demonstrates that this will provide a
representative sample of the effluent being
discharged. Using protocols (including appropriate
preservation) specified in 40 CFR Part 136 and
appropriate EPA guidance, multiple grab samples
collected during a 24 hour period may be composited
prior to the analysis as follows: for cyanide, total
phenols, and sulfides the samples may be
composited in the laboratory or in the field; for volatile
organics and oil and grease, the samples may be
composited in the laboratory. Composite samples for
other parameters unaffected by the compositing
Ordinance No. 3177
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procedures as documented in approved EPA
methodologies may be authorized by the City, as
appropriate. In addition, grab samples may be
required to show compliance with instantaneous
discharge limits.
b. Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides, and volatile organic compounds
must be obtained using grab collection techniques.
C. For sampling required in support of baseline
monitoring and 90 day compliance reports required in
[40 CFR 403.12(b) and (d)], a minimum of four (4)
grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfide and volatile organic
compounds for facilities for which historical sampling
data do not exist; for facilities for which historical
sampling data are available, the City may authorize a
lower minimum.
d. For the reports required by (40 CFR 403.12(e) and
403.12(h)), the Industrial User is required to collect
the number of grab samples necessary to assess and
assure compliance by with applicable Pretreatment
Standards and Requirements.
(E) 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 Section 78- 215(a)(4)(D) the results of this monitoring,
including chain -of- custody forms, shall be included in the report.
(F) Significant Industrial User Reporting Significant 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 Section
78- 215(a)(4)(D). This sampling and analysis may be performed by
the Authority in lieu of the Significant Industrial User.
(G) Notification of Changed Discharge Dischargers shall give prior
written notification to the Authority and the Control Authority of any
potential or actual significant changes in the volume or character of
pollutants in the discharge.
Ordinance No. 3177
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(i) The notification to the Authority shall be received at least
ninety (90) days prior to change.
(ii) The Authority may require the User to submit such
information as may be deemed necessary to evaluate the
changed condition, including the submission of a wastewater
discharge permit application.
(iii) The Authority may issue a wastewater discharge permit or
modify an existing wastewater discharge permit in response
to changed conditions or anticipated changed conditions.
(iv) For purposes of this requirement, significant changes
include, but are not limited to, flow increases or decreases of
twenty percent (20 %) or greater, the discharge of any
previously unreported pollutants, and the deletion of any
pollutant regulated by this Article or a permit issued pursuant
to this Article.
(v) Significant Industrial Users that discharge wastewater to
treatment plants operated by the Control Authority shall
provide prior written notification to the Authority and the
Control Authority of changes to its wastewater discharges
and any changes at its facility that affect the potential for a
Slug Discharge.
(H) Authority Monitoring Sampling and analysis for the reports
required by Sections 78- 215(a), (c)(1), (2), (3) and (6) 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.
(1) Signatory Requirements
(i) 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
Ordinance No. 3177
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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."
(ii) Annual Certification for Non - Significant Categorical Industrial
Users. A facility determined to be a Non Significant
Categorical Industrial User by the Operations Manager
pursuant to Sections 78 -211 and 78- 215(a)(1) must annually
submit the following certification statement signed in
accordance with the signatory requirements in 40 CFR
403.120(1). This certification must accompany an alternative
report required by the Operations Manager:
"Based on my inquiry of the person or persons directly
responsible for managing compliance with the categorical
Pretreatment Standards under 40 CFR , I certify that, to
the best of my knowledge and belief that during the period
from [month, day, year] to [months, days, year].
a. The facility described as [facility name] met the
definition of a Non Significant Categorical Industrial
User as described in Section 78- 215(a)(1)(A).
b. The facility complied with all applicable Pretreatment
Standards and requirements during this reporting
period; and
C. The facility never discharged categorical process
wastewater on any given day during this reporting
period.
d. This compliance certification is based on the following
information: "
(J) Wastewater Analysis When requested by the Authority, a User
must submit information on the nature and characteristics of its
wastewater within 30 days of the request. The Authority is
authorized to prepare a form for this purpose and may periodically
require Users to update this information.
(5) INSPECTION AND FLOW MEASUREMENT
(A) Inspection
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(i) At least once a year, the Operations Manager shall inspect
and sample each Significant Industrial User (SIU), NSCIU
and NSIU to determine compliance with the requirements of
this Article. However, the Operations Manager may inspect
and sample each SIU as frequently as needed during the
pretreatment year. The Operations Manager shall evaluate
whether each SIU needs a plan to control slug discharges at
the time of SIU determination, or at least by the first year.
The Authority, Control Authority, TCEQ or EPA may inspect
the facilities of any discharger to determine compliance with
the requirements of this Article. The discharger shall allow
the Authority, Control Authority, TCEQ or EPA or their
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 Article shall be made
available for copying and inspection by the Authority, Control
Authority, TCEQ or EPA, including documentation
associated with Best Management Practices. The Authority,
Control Authority, TCEQ or EPA 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. User shall
provide ample room in or near the monitoring facility to allow
accurate sampling and preparation of samples and analysis
and whether constructed on public or private property, the
monitoring facilities should be provided in accordance with
the City's requirements and all applicable local construction
standards and specifications, and such facilities shall be
constructed and maintained in such manner so as to enable
the City to perform independent monitoring activities. The
inspectors, agents or representatives of the Authority,
Control Authority, TCEQ or EPA charged with the
enforcement of this Article shall be deemed to be performing
a governmental function for the benefit and health and
welfare of the general public and neither the Authority,
Control Authority, TCEQ, EPA, nor any individual inspector,
agent or representative these agencies 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.
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(ii) Facilities regulated under this Article are subject to the
authority of the following agencies concerning access to
information and right of entry onto property for purposes of
implementing and enforcing federal and State pretreatment
programs and other applicable law: (i) the EPA under section
308 of the Federal Clean Water Act (33 U.S.C. § 3318), as
amended; and (ii) the Texas Commission on Environmental
Quality (TCEQ), Water Code §§ 26.014 and 26.015, as
amended, and V.T.C.A., Health and Safety Code §§ 361.032
and 361.037, as amended, provisions of the Texas Water
Code and Texas Health Safety Code. If entry is denied or if
a person in control cannot be located, the Operations
Manager shall have every recourse provided by law to
secure entry. Such recourse shall include the right to obtain
a search warrant under the guidelines of the Texas Code of
Criminal Procedure; and for the purposes of same, any
person with enforcement authority under this Article is
hereby declared to be a "health officer."
(iii) 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, Control Authority, TCEQ or EPA. 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, Control
Authority, TCEQ or EPA. 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,
Control Authority, TCEQ or EPA, such special determination
may be made by the Authority, Control Authority, TCEQ or
EPA at the expense of the owner or discharger.
(iv) The Authority, Control Authority, TCEQ or EPA shall conduct
surveillance activities in order to identify, independent of
information supplied by Industrial Users, occasional and
continuing noncompliance with pretreatment standards. The
Authority or Control Authority shall inspect and sample the
effluent from each Significant Industrial User at least once a
year. The result of such activities shall be available to the
Approval Authority upon request.
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(B) NOV /Repeat Sampling and Reporting If sampling performed by an
Industrial User indicates a violation, the User shall notify the Control
Authority within twenty -four (24) hours of becoming aware of the
violation. Within ten (10) days submit to the Operations Manager a
report which addresses:
The time, date, location, processes, and operations associated with
the violation, and the personnel assigned responsibility and /or
present during the violation; the cause or probable cause of the
noncompliance; and the actions taken and implemented to meet
permit conditions. The User shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Control
Authority within thirty (30) days after becoming aware of the
violation, except the Industrial User is not required to resample if:
(i) The Control Authority performs sampling at the Industrial
User at a frequency of at least once per month; or
(ii) The Control Authority performs sampling at the User
between the time when the User performs its initial sampling
and the time when the User receives the results of this
sampling.
(iii) 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 City.
a. Where it can be shown to the satisfaction of the
Operations Manager that a substantial portion of the
metered water does not enter the sanitary sewer, the
Operations Manager may require or permit the
installation of additional approved meters at the
User's sole expense, to measure the quantity of water
actually entering the sewer system. If approved by
the Operations Manager, the measured quantity of
water actually entering the sewer system will be used
to determine the sewer service charge.
b. Any discharger who procures all or part of its water
supply from sources other than the City, all or part of
which is subsequently discharged into the sanitary
sewer, shall install and maintain at the discharger's
expense an effluent meter or flow measuring device
approved by the Operations Manager for the purpose
of determining the proper volume of flow to be used in
Ordinance No. 3177
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computing sewer service charges. Such meters or
measuring devices shall be read monthly.
C. If the Operations Manager 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 Operations Manager 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.
(6) PERMIT MODIFICATIONS
(A) 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:
(i) To incorporate any new or revised federal, State, or local
pretreatment standards or requirements.
(ii) 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.
(iii) 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.
(iv) Information indicating that the permitted discharge poses a
threat to the Authority's or POTW's collection and treatment
systems, Authority or POTW personnel or the receiving
waters.
(v) Violation of any terms or conditions of the permit.
(vi) Misrepresentation or failure to disclose fully all relevant facts
in the permit application or in any required reporting.
(vii) To correct typographical or other errors in the permit.
(viii) To reflect transfer of the facility ownership and /or operation
to a new owner /operator.
Ordinance No. 3177
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(ix) Upon request of the permittee, provided such request does
not create a violation of any applicable requirements,
standards, laws, rules or regulations.
(x) To incorporate, revise, or revoke new or existing Best
Management Practices.
(B) All categorical pretreatment standards promulgated and adopted by
the EPA after the effective date of this Article shall automatically
become a part of this Article. Where a discharger, subject to a
categorical pretreatment standard, has not previously submitted an
application for a permit as required by Section 78- 215(a), 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 78- 215(a). 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.
(7) CONFIDENTIAL INFORMATION
(A) 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:
(i) 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.
(ii) If no claim of business confidentiality is asserted, all
information will be subject to public disclosure without further
notice to the discharger.
(B) Asserting Business Confidentiality Claim A discharger that 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
Ordinance No. 3177
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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.
(C) Nothing in this Article 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.
(D) The provisions of this subsection shall be subject to any public
disclosure requirements which may exist under the Texas Public
Information Act, Chapter 552 of the Texas Government Code, as
amended.
(8) DUTY TO REAPPLY
A User with an expiring wastewater discharge permit shall apply for
wastewater discharge permit re- issuance by submitting a complete permit
application, in accordance with Section 78- 215(a)(2) prior to the expiration
of the User's existing wastewater discharge permit. An expired permit will
continue to be effective and enforceable until the permit is reissued. The
User will not be subject to penalties if:
(A) the User has submitted a complete permit application at least
ninety (90) days prior to the expiration date of the User's existing
permit; and
(B) the failure to reissue prior to expiration of the previous permit is not
due to any act or failure to act on the part of the User.
(b) FACILITIES DISCHARGING THROUGH THE TRINITY RIVER AUTHORITY
CENTRAL REGIONAL WASTEWATER SYSTEM
The permit procedures and regulations of Section 78- 215(b) apply to an
Industrial User that discharges to the Trinity River Authority.
(1) Permits.
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(A) All Industrial Users determined by the Operations Manager to be a
significant Industrial User shall submit a wastewater discharge
permit application to the Authority on a form provided by the
Authority. The application shall contain:
(i) All information required by Section 78- 215(b)(3).
(ii) Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemical
used or stored at the facility which are, or could accidentally
or intentionally be, discharged into the POTW;
(iii) Number and type of employee, hours of operation, and
proposed or actual hours of operation;
(iv) Each product produced by type, amount, process or
processes, and rate of production;
(v) Type and amount of raw materials processed (average and
maximum per day);
(vi) Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, floor drains, and appurtenances
by size, location, and elevation, and all points of discharge;
(vii) Time and duration of discharge; and
(viii) Any other information as may be deemed necessary by the
Authority to evaluate the wastewater discharge permit
application.
(B) All dischargers shall submit an Industrial waste questionnaire. The
questionnaire will be reviewed by the public works utility
superintendent or authorized representative. If deemed necessary,
dischargers may also be required to obtain a permit as outlined
herein.
(C) No categorical Industrial User shall be allowed to discharge until
issued a valid permit.
(D) 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 after the evaluation is
complete. The wastewater discharge permit shall be subject to the
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terms and conditions specified herein and to the regulations of the
Authority.
(E) If the application is denied, the applicant shall be notified in writing
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 Article, the Authority may specify that
the applicant be required to provide pretreatment of the waste
before it is deemed acceptable for sewer discharge.
(F) Where additional pretreatment and /or operation and maintenance
activities will be required to comply with this Article, pursuant to
Section 78- 215(b)(3)(E), 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.
(i) 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 Article 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 Article.
(ii) 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 nine (9) months. The completion date in
this schedule shall not be later than the compliance date
established for applicable categorical pretreatment
standards.
(iii) Not later than fourteen (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
Ordinance No. 3177
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more than nine (9) months elapse between such progress
reports to the Authority.
(G) 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.
(2) 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.
(A) Wastewater discharge permit transfer may be transferred to a new
owner or operator only if the permittee gives advance notice to the
Authority and the Authority approves the wastewater discharge
permit transfer. The notice to the Authority must include a written
certification by the new owner or operator which:
(i) States that the new owner and /or operator has no immediate
intent to change the facility's operations and process;
(ii) Identifies the specific date on which the transfer is to occur;
and
(iii) Acknowledges full responsibility for complying with the
existing wastewater discharge permit.
(iv) Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as the date of facility
transfer.
(B) Wastewater discharge permit requirements:
(i) A statement that indicates wastewater discharge permit
duration, which in no event shall exceed five (5) years;
(ii) A statement that the wastewater discharge permit is
nontransferable without prior notification to the City in
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accordance with Section 78- 215(b)(2)(A), and provisions for
furnishing the new owner or operator with a copy of the
existing wastewater discharge permit;
(iii) Effluent limits based on applicable general pretreatment
standards as set forth in CFR part 403, categorical
pretreatment standards, local limits, and State and local law;
(iv) Self- monitoring, sampling, reporting, notification, and record -
keeping requirements. These requirements shall include and
identification of pollutants to be monitored, sampling
location, sampling frequency, and sample type based on
federal, State, and local law; and
(v) Permits shall contain a statement of the civil and criminal
penalties for violation of pretreatment standards and
requirements and any applicable compliance schedule. Such
schedule may not extend the time for compliance beyond
that required by federal, State, and local law.
(C) Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(i) Limits on the average and /or maximum rate of discharge,
time of discharge, and /or requirements for flow regulation
and equalization;
(ii) Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment
devices, designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works;
(iii) Requirements for the development and implementation of
spill control plans or other special conditions including
management practices necessary to adequately prevent
accidental, unanticipated, or non - routine discharges;
(iv) Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the
POTW, the unit charge or schedule of User charges and
fees for the management of the wastewater discharge to the
POTW;
(v) The unit charge of schedule of User charges and fees for
management of the wastewater discharge to the POTW;
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(vi) Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(vii) A statement that compliance with the wastewater discharge
permit does not relieve the permittee of responsibility for
compliance with all applicable federal and State
pretreatment standards, including those which become
effective during the term of the wastewater discharge permit;
(viii) Other conditions as deemed appropriate by the Authority to
ensure compliance with this Article, and State and federal
laws, rules, and regulations; and
(ix) Limits on the maximum wastewater constituents and
characteristics and location of approved discharge points.
(3) Reporting requirements for dischargers.
(A) Baseline report. Within one hundred eighty (180) days following
the effective date for new or revised categorical pretreatment
standards, or at least ninety (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 O & M
or pretreatment is necessary to bring the discharger into
compliance with the applicable categorical pretreatment standards.
The report shall also contain:
(i) Identifying information. The name and address of the
facility, including the name of the operator and owner.
(ii) Environmental permits. A list of any environmental control
permits held by or for the facility.
(iii) Description of operations. A brief description of nature,
average rate of production, standard Industrial classifications
of the operation(s) carried out by such User. This description
should include a schematic process diagram which indicates
points of discharge to the POTW from the regulated
processes.
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(iv) Flow measurement. Information showing the measured
average daily and maximum daily flow, in gallons per day, to
the POTW from regulated process streams and other
streams, as necessary, to allow use of the combined waste
stream formula set out in 40 CFR 403.6(e).
(v) Measurement of pollutants.
a. The categorical pretreatment standards applicable to
each regulated process.
b. The result of sampling and analysis identifying the
nature and concentration, and /or mass, where
required by the standard or by the Authority, of
regulated pollutants in the discharge from each
regulated process. Instantaneous, daily maximum,
and long -term average concentrations, or mass,
where required, shall be reported. The sample shall
be representative of daily operations and shall be
analyzed in accordance with procedures set out in
Section 78- 215(b)(3).
C. Sampling must be performed in accordance with
procedures set out in Section 78- 215(b)(3).
(vi) Certification. A statement, reviewed by the User's
authorized representative and certified by a qualified
professional, indicating whether pretreatment standards are
being met on a consistent basis, and, if not whether
additional operation and maintenance (O & M) and /or
additional pretreatment is required to meet the pretreatment
standards and requirements.
(vii) Compliance schedule. If additional pretreatment and /or O &
M will be required to meet the pretreatment standards, the
shortest schedule by which the User will provide such
additional pretreatment and /or O & M. The completion date
in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. A
compliance schedule pursuant to this Article must meet the
requirements set out in Section 78- 215(b).
(viii) Signature and certification. All baseline monitoring reports
shall be signed by an authorized representative and certified
by a qualified professional as stated in 40 CFR Part
403.12(b)(6).
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(B) Ninety -day compliance report. Within ninety (90) days following the
date for final compliance by the discharger with applicable
categorical pretreatment standards or ninety (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 the
applicable categorical pretreatment standards or requirements are
being met on a consistent basis and, if not, what additional O & 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.
(C) Periodic compliance reports.
(i) Any discharger subject to a categorical pretreatment
standard made a part of this Article 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 at least once every six (6) months (on dates
specified by the Authority).
(ii) In addition, where applicable, this report shall include a
record of all measured or estimated average and maximum
daily flows. 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.
(D) Analysis and sampling procedures.
(i) 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 of the EPA. Sampling shall be performed in
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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.
(ii) Sample collection.
a. Except as indicated in Subsection b., the User must
collect wastewater samples using flow proportional
composite collection techniques. In the event flow
proportional sampling is infeasible, the Authority may
authorize the use of time proportional sampling or a
minimum of four (4) grab samples where the User
demonstrates that this will provide a representative
sample of the effluent being discharged. In addition,
grab samples may be required to show compliance
with instantaneous discharge limits.
b. Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides, and volatile organic compounds
must be obtained using grab collection techniques.
(E) 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 Section 78- 215(b)(3), the results of this monitoring
shall be included in the report.
(F) Significant Industrial User reporting. Significant Industrial Users
shall submit to the Authority at least once every six (6) 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 Section
78- 215(b)(3). This sampling and analysis may be performed by the
Authority in lieu of the significant Industrial User.
(G) 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.
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(i) The notification to the Authority shall be received at least
thirty (30) days prior to change.
(ii) The Authority may require the User to submit such
information as may be deemed necessary to evaluate the
changed condition, including the submission of a wastewater
discharge permit application.
(iii) The Authority may issue a wastewater discharge permit or
modify an existing wastewater discharge permit in response
to changed conditions or anticipated changed conditions.
(iv) For purposes of this requirement, significant changes
include, but are not limited to, flow increases or decreases of
twenty percent (20 %) or greater, the discharge of any
previously unreported pollutants, and the deletion of any
pollutant regulated by this Article or a permit issued pursuant
to this Article.
(v) Significant Industrial Users that discharge wastewater to
treatment plants operated by the Trinity River Authority
(TRA) shall provide prior written notification to the City and
the TRA of changes to its wastewater discharges and any
changes at its facility that affect the potential for a Slug
Discharge.
(H) Authority monitoring. Sampling and analysis for the reports
required by Sections 78- 215(b)(3)(A), (B), (C) and (F) 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.
(1) 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
Ordinance No. 3177
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and for not reporting known violations, including possibility of fine
and imprisonment."
(J) Wastewater analysis. When requested by the Authority, a User
must submit information on the nature and characteristics of its
wastewater within the time frame requested by the Authority. The
Authority is authorized to prepare a form for this purpose and may
periodically require Users to update this information.
(4) Inspection and flow measurement.
(A) Inspection.
(i) The Authority, Control Authority, TCEQ or EPA may inspect
the facilities of any discharger to determine compliance with
the requirements of this Article. The discharger shall allow
the Authority, Control Authority, TCEQ or EPA or their
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 Article shall be made
available for copying and inspection by the Authority, Control
Authority, TCEQ or EPA. The Authority, Control Authority,
TCEQ or EPA 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, Control Authority, TCEQ
or EPA charged with the enforcement of this Article shall be
deemed to be performing a governmental function for the
benefit and health and welfare of the general public and
neither the Authority, Control Authority, TCEQ, EPA, nor any
individual inspector, agent or representative these agencies
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.
(ii) Facilities regulated under this Article are subject to the
Authority of the following agencies concerning access to
information and right of entry onto property for purposes of
implementing and enforcing federal and State pretreatment
programs and other applicable law: (i) the EPA under section
308 of the Federal Clean Water Act (33 U.S.C. § 3318), as
Ordinance No. 3177
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amended; and (ii) the Texas Commission on Environmental
Quality (TCEQ) under V.T.C.A., Water Code §§ 26.014 and
26.015, as amended, and V.T.C.A., Health and Safety Code
§§ 361.032 and 361.037, as amended, provisions of the
Texas Water Code and Texas Health Safety Code.
(iii) 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, Control Authority, TCEQ or EPA. 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, Control
Authority, TCEQ or EPA. 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,
Control Authority, TCEQ or EPA, such special determination
may be made by the Authority, Control Authority, TCEQ or
EPA at the expense of the owner or discharger.
(iv) The Authority, Control Authority, TCEQ or EPA shall conduct
surveillance activities in order to identify, independent of
information supplied by Industrial Users, occasional and
continuing noncompliance with pretreatment standards. The
Authority or Control Authority shall inspect and sample the
effluent from each significant Industrial User at least once a
year. The result of such activities shall be available to the
approval authority upon request.
(B) NOV /repeat sampling and reporting. If sampling performed by an
Industrial User indicates a violation, the User shall notify the Control
Authority within twenty -four (24) hours of becoming aware of the
violation. The User shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the Control Authority
within thirty (30) days after becoming aware of the violation, except
the Industrial User is not required to resample if:
(i) The Control Authority performs sampling at the Industrial
User at a frequency of at least once per month; or
(ii) The Control Authority performs sampling at the Industrial
User between the time when the User performs its initial
Ordinance No. 3177
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sampling and the time when the User receives the results of
this sampling.
(C) 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 City's water department.
Where it can be shown to the satisfaction of the Operations
Manager that a substantial portion of the metered water does not
enter the sanitary sewer, the Operations Manager may require or
permit the installation of additional approved meters at the owner's
expense, to measure the quantity of water actually entering the
sewer system. If approved by the Operations Manager, 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 city's 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 Operations Manager 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 Operations Manager 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 Operations Manager 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.
(5) Permit modifications.
(A) 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:
(i) To incorporate any new or revised federal, State, or local
pretreatment standards or requirements.
Ordinance No. 3177
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(ii) 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.
(iii) 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.
(iv) Information indicating that the permitted discharge poses a
threat to the Authority's or POTW's collection and treatment
systems, Authority or POTW personnel or the receiving
waters.
(v) Violation of any terms or conditions of the permit.
(vi) Misrepresentation or failure to disclose fully all relevant facts
in the permit application or in any required reporting.
(vii) To correct typographical or other errors in the permit.
(viii) To reflect transfer of the facility ownership and /or operation
to a new owner /operator.
(ix) Upon request of the permittee, provided such request does
not create a violation of any applicable requirements,
standards, laws, or rules and regulations.
(B) All categorical pretreatment standards promulgated and adopted by
the EPA after the effective date of this Article shall automatically
become a part of this Article. Where a discharger, subject to a
categorical pretreatment standard, has not previously submitted an
application for a permit as required by Section 78- 215(b)(1), the
discharger shall apply for a permit from the Authority within one
hundred eighty (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 one hundred eighty (180) days after promulgation of an
applicable categorical pretreatment standard, the information
required by Section 78- 215(b)(2). The discharger shall be informed
of any proposed changes in its permit at least thirty (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.
(6) Confidential information.
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(A) 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:
(i) 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.
(ii) If no claim of business confidentiality is asserted, all
information will be subject to public disclosure without further
notice to the discharger.
(B) Asserting business confidentiality claim. A discharger 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.
(C) Nothing in this Article 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.
(D) The provisions of this subsection shall be subject to any public
disclosure requirements which may exist under the Texas Public
Information Act, V.T.C.A., Government Code Ch. 552, as amended.
(7) Duty to reapply. A User with an expiring wastewater discharge permit
shall apply for wastewater discharge permit re- issuance by submitting a
complete permit application, in accordance with Section 78- 215(b) prior to
the expiration of the User's existing wastewater discharge permit. An
expired permit will continue to be effective and enforceable until the permit
is reissued. The User will not be subject to penalties if:
Ordinance No. 3177
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(A) The User has submitted a complete permit application at least
ninety (90) days prior to the expiration date of the User's existing
permit; and
(B) The failure to reissue prior to expiration of the previous permit is not
due to any act or failure to act on the part of the User.
Sec. 78 -216. Enforcement.
(a) NON - EMERGENCY TERMINATION OF WATER SUPPLY AND /OR
DISCHARGE
(1) A User who violates the following conditions is subject to the termination
of its city - provided water supply and /or its discharge:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(d) Refusal of reasonable access to the User's premises for the
purpose of inspection, monitoring, or sampling;
(e) Violation of the pretreatment standards of this Article;
(f) Pay sewer charges;
(g) Meet compliance schedules;
(h) Fulfill the conditions of its permit, or this Article, or to obey any final
judicial order with respect thereto;
(i) Failure to meet effluent limitations; including Best Management
Practices, based on applicable Pretreatment Standards; or
(g) Knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
Article or individual discharge permit.
(2) Whenever the Authority finds that any User has engaged in conduct which
justifies non - emergency termination of water supply, pursuant to Section
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78- 216(b), the Authority shall serve or cause to be served upon such User
a written notice, either by personal delivery or by certified or registered
mail, return receipt requested, notifying the User of the proposed
termination of its water supply and /or discharge and the nature of the
alleged violation. The User may petition for a reconsideration and hearing.
(3) Within thirty (30) days of the date of receipt of the notice, the User shall
respond in person or in writing to the Authority with a report containing the
following:
(a) the problem(s) per the NOV issued;
(b) the possible cause of the problem(s);
(c) the steps being taken to minimize or curtail the reoccurrence of the
problem(s).
(4) The User shall not recommence its discharge until the Operations
Manager so authorizes and:
(a) The User presents proof satisfactory to the Operations Manager
that the non - complying discharge has ceased;
(b) The User presents proof satisfactory to the Operations Manager
that the conditions creating the threat of imminent and substantial
danger have been eliminated;
(c) The User pays the City for all costs the City will incur in reinstating
services.
(5) Exercise of this option by the Operations Manager shall not be a bar to,
nor a prerequisite for, taking any other enforcement action against the
User.
(b) ADMINISTRATIVE ORDERS
Where the violation cited under Section 78- 216(a) is not corrected by means of
enforcement action listed in Section 78- 216(b), the following enforcement
escalations may be used. Terms may or may not be negotiated with an Industrial
User.
(1) Consent Order An agreement between the Authority and the Industrial
User normally containing three elements: (1) compliance schedules (2)
stipulated fines or remedial actions; and (3) signatures of the Authority and
Authorized Representatives.
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(2) 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 anytime.
(3) 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 Industrial User 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.
(4) Cease and Desist Order (Only for facilities discharging to the Trinity
River Authority Central Regional Wastewater System). An order that
directs the noncompliant User to cease illegal or unauthorized discharges
immediately, or to terminate the discharge altogether. It is generally used
in situations where the discharge could cause interference or pass
through, or otherwise create an emergency situation.
(c) 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 this Article 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 Article
or deals with a permit issued pursuant 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
TPDES permit or to comply with any contract the Authority has for the treatment
of wastewater.
(d) JUDICIAL PROCEEDINGS
The Authority, with respect to the conduct of any discharger contrary to the
provisions of this Article may authorize its attorney to commence any legal action
in a court of competent jurisdiction for equitable and /or legal relief.
(1) Injunctive Relief When the Authority finds that a User has violated, or
continues to violate, any provision of this Article, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or
requirement, the Authority may petition, pursuant to Chapter 54 a District
Court or other Court of proper jurisdiction of Tarrant County, Texas
through its Attorney for the issuance of a temporary or permanent
Ordinance No. 3177
Page 63 of 72
injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order, or other
requirement imposed by this Article on activities of the User. The Authority
may also seek such other action as is appropriate for legal and /or
equitable relief, including a requirement for the User to conduct
environmental remediation. A petition for injunctive relief shall not be a bar
against, or a prerequisite for, taking any other action against a User.
(2) Civil Penalties The Authority may also seek to recover civil penalties of
up to $5,000 per day pursuant to section 54.017 of the Texas Local
Government Code.
(3) Criminal Proceedings Notwithstanding any notice provisions contained in
this Article, any person who violates, disobeys, omits, neglects, or refuses
to comply with or who resists the enforcement of any of the provisions of
this Article commits an offense. The person shall be fined not more than
Two Thousand Dollars ($2,000) for each offense per day.
(e) EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS
(1) 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 Article or any Permit issued pursuant
to this Article. 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.
(2) 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.
Ordinance No. 3177
Page 64 of 72
(f) AFFIRMATIVE DEFENSES.
(1) Affirmative defense to discharge violations for action in municipal or State
court. In an action brought in municipal or State court, if a person can
establish that an event that would otherwise be a violation of this Article or
a permit issued under this Article was caused solely by an act of God, war,
strike, riot, or other catastrophe, the event is not a violation of this Article
or the permit. In an enforcement proceeding, the User seeking to
establish the occurrence of an act of God, war, strike, riot, or other
catastrophe shall have the burden of proof. In the event that an act of
God, war, strike, riot, or other catastrophe has been established the User
shall control production of all discharges to the extent possible until such
time as the reduction, loss, or failure of its treatment facility is restored or
an alternative method of treatment is provided.
(2) Affirmative defense to upset In an action brought in federal court, it is an
affirmative defense to an enforcement action brought for noncompliance
with categorical pretreatment standards that the noncompliance was
caused by upset, if the User demonstrates, through properly signed,
contemporaneous operating logs, or other relevant evidence that:
(A) An upset occurred and the User can identify the cause(s) of the
upset; the facility was at the time being operated in a prudent and
workman -like manner and in compliance with applicable operation
and maintenance procedures; and
(B) Any discharger who experiences an upset in operations which
places the discharger in a temporary state of non - compliance with
this Article 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:
(i) Description of the upset, its cause and the upset's impact on
a discharger's compliance status.
(ii) 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.
(iii) All steps taken or to be taken to reduce, eliminate and
prevent recurrence of such an upset or other conditions of
non - compliance.
Ordinance No. 3177
Page 65 of 72
(3) Affirmative defense to specific prohibited discharge standards It is an
affirmative defense in federal court to an enforcement action brought
against a User for noncompliance with the general prohibitions of Section
78- 213(b) or a specific prohibition of Section 78- 213(d), that the User did
not know, or have reason to know, that its discharge, alone or in
conjunction with discharges from other sources, would cause pass
through or interference and that either:
(A) A local limit exists for each pollutant discharged and the User was
in compliance with each limit directly prior to, and during, the pass
through or interference; or
(B) No local limit exists, but the discharge did not change substantially
in nature or constituents from the User's prior discharge when the
City was regularly in compliance with its NPDES permit, and in the
case of interference, was in compliance with applicable sludge use
or disposal requirements.
(4) 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 Article which arises out of violations alleged to
have occurred during the period of the upset.
(g) 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.
(h) FALSIFYING INFORMATION
Any person who 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 Article, or falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under this Article,
shall, upon conviction, be punished as provided in Section 78- 216(e)(3).
(i) POTW PRETREATMENT REQUIREMENTS
Ordinance No. 3177
Page 66 of 72
All POTW's shall be able to seek injunctive relief for noncompliance by Industrial
Users with Pretreatment Standards and Requirements. All POTWs shall also
have authority to seek or assess civil or criminal penalties in at least the amount
of $2,000 per day and a civil penalty of up to $5,000 per day for each violation by
Industrial Users of Pretreatment Standards and Requirements. POTWs whose
approved Pretreatment Programs require modification to conform to the
requirements of this subsection shall submit a request for approval of a program
modification in accordance with §403.18, unless the State would be required to
enact or amend a statutory provision, in which case the POTW shall submit such
a request.
Sec. 78 -217. Miscellaneous provisions.
(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 Article shall retain and preserve and make
available for inspection and copying, for no less than three (3) years, any
records, books, documents, memoranda, reports, correspondence and any and
all summaries thereof, relating to monitoring activities, sampling and chemical
analyses made by or on behalf of a discharger in connection with its discharge
and required by this article, and any additional records of information obtained
pursuant to monitoring activities undertaken by the User independent of such
requirements including documentation associated with Best Management
Practices established under Section 78- 213(e)(4). Records shall include the
date, exact place, method, and time of sampling, and the name of the person(s)
taking the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results of such
analyses. 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 Article. Such charges may include, but are not limited to:
(1) permitting industrial facilities;
Ordinance No. 3177
Page 67 of 72
(2) inspection;
(3) sample analysis;
(4) monitoring; and
(5) enforcement.
(d) RIGHT OF REVISION
The Authority reserves the right to amend this Article 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 78 -212.
(e) PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS
(1) For facilities discharging to the City of Fort Worth Village Creek
Wastewater Treatment Facility:
(A) A User shall be determined by the Authority to be in a state of
significant noncompliance if a User's violation meets one or more
criteria listed in 40 CFR 403.8(f)(2)(viii). The Authority shall
annually publish, in a newspaper of general circulation that
provides meaningful public notice within the jurisdictions served by
the City, a list of Users that have significantly violated federal
pretreatment requirements during the previous twelve (12) months.
The Operations Manager, shall be responsible for calculating the
Users who have committed significant violations.
(B) Significant Industrial Users are subject to the SNC criteria listed in
paragraphs (i) through (viii) below. Group II non - significant
Industrial Users that have been issued a permit shall be subject to
SNC criteria listed in paragraphs (iii) through (viii) below. Group VI
non - significant categorical Industrial Users shall be subject to SNC
criteria listed in paragraphs (iii) through (viii) below. All other
Industrial Users are subject to the SNC criteria listed in paragraphs
(iii), (iv) and (viii) of this Section. Significant violation
noncompliance (SNC) shall mean any of the following:
(i) Chronic violations of wastewater discharge limits, defined
here as those in which sixty -six percent (66 %) or more of
wastewater measurements taken during a six (6) month
period exceed the daily maximum limit or average limit for
the same pollutant parameter by any amount,
Ordinance No. 3177
Page 68 of 72
(ii) Technical Review Criteria (TRC) violations, defined here as
those in which thirty -three percent (33 %) or more of
wastewater measurements taken for each pollutant
parameter during a six (6) month period equals or exceeds
the product of the daily numeric pretreatment standard or
requirement including instantaneous limits multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease,
and 1.2 for all other pollutants except pH);
(iii) Any other discharge violation of a Pretreatment Standard or
Requirement as defined by 40 CFR 403.3(1) (Daily
Maximum, long term average, instantaneous limit or a
narrative standard) that the Authority believes has caused,
alone or in combination with other discharges, interference
or pass through, including endangering the health of POTW
personnel or the general public;
(iv) Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has
resulted in the Authority's exercise of its emergency authority
to halt or prevent such a discharge;
(v) Failure to meet, within ninety (90) days, a compliance
schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
(vi) Failure to provide within forty -five (45) days after the due
date, any required reports, including baseline monitoring
reports, reports on compliance with categorical pretreatment
standard deadlines, periodic self- monitoring reports, and
reports on compliance with compliance schedules;
(vii) Failure to accurately report noncompliance; or
(viii) Any other violation(s), which may include a violation of Best
Management Practices, that the Authority determines will
adversely affect the operation or implementation of the local
pretreatment program.
(2) For facilities discharging to the Trinity River Authority Central
Regional Wastewater System:
(A) A User shall be determined by the Authority to be in a state of
significant noncompliance if a User's violation meets one or more
Ordinance No. 3177
Page 69 of 72
criteria listed in 40 CFR 403.8 (f) (2) (vii). The Authority shall
annually publish in the Authority's official newspaper a list of Users
that have significantly violated federal pretreatment requirements
during the previous twelve (12) months. The Director, shall be
responsible for calculating the Users who have committed
significant violations. Significant violation shall mean any of the
following:
(i) Chronic violations of wastewater discharge limits, defined
here as those in which sixty -six (66) percent or more of
wastewater measurements taken during a six -month period
exceed the daily maximum limit or average limit for the same
pollutant parameter by any amount;
(ii) Technical review criteria (TRC) violations, defined here as
those in which thirty -three (33) percent or more of
wastewater measurements taken for each pollutant
parameter during a six -month period equals or exceeds the
product of the daily maximum limit or the average limit
multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants except pH);
(iii) Any other discharge violation that the Authority believes has
caused, alone or in combination with other discharges,
interference or pass through, including endangering the
health of POTW personnel or the general public;
(iv) Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has
resulted in the Authority's exercise of its emergency authority
to halt or prevent such a discharge;
(v) Failure to meet, within a stipulated deadline of the scheduled
date, a compliance schedule milestone contained in a
wastewater discharge permit or enforcement order for
starting construction, completing construction, or attaining
final compliance;
(vi) Failure to provide within thirty (30) days after the due date,
any required reports, including baseline monitoring reports,
reports on compliance with categorical pretreatment
standard deadlines, periodic self- monitoring reports, and
reports on compliance with compliance schedules;
(vii) Failure to accurately report noncompliance; or
Ordinance No. 3177
Page 70 of 72
(viii) Any other violation(s) which the Authority determines will
adversely affect the operation or implementation of the local
pretreatment program."
Secs. 78-218--78-280. Reserved.
Section 2. This ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which
event the conflicting provisions of such ordinances and such Code are
hereby repealed.
Section 3. It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance
are severable, and if 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 4. Except as otherwise provided in this Ordinance, any person, firm or
corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this
Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00)
for all violations involving zoning and Five Hundred Dollars ($500.00) for
all other offenses, and in addition shall pay all costs and expenses
involved in the case. Each day a violation occurs is a separate offense.
Nothing herein contained shall prevent the City from taking such other
lawful action as is necessary to prevent or remedy any violation.
Section 5. All rights and remedies of the City are expressly saved as to any and all
violations of the provisions of the City Code amended or revised herein, or
any other ordinances affecting the matters regulated herein which have
accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by
the courts.
Section 6. The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Ordinance No. 3177
Page 71 of 72
Section 7. This ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordained.
AND IT IS SO ORDAINED.
PASSED AND APPROVED this 9th day of January, 2012.
CITY Or • RTH R HLA D ILLS
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n `yam y: Oscar evino 4or
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.``ror„
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Patricig'@on, City Secretary
APPR : S TO F • RM AND LEGALITY:
III
George A. Staple ', City Attorney
APPROVED AS TO CONTENT:
Ak:k 1)
Mike Curtis, .E., Managing Director
Ordinance No. 3177
Page 72 of 72
INVOICE
Star - Telegram
808 Throckmorton St.
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax 1D 26- 2674582
Bill To:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182 -
Attn: STACEY HARRISON
CIT - ORDNANCE NO. 3177
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An of the city of N orth
Richland Ibis, amendMp
78 Art of the North
and br addRlan shNt pa
alt c aM " "oes Involved In
Sale. FUhis City Code, as .arh4ndadr re-
the case. Each day a violation occurs
inngy permits to diaidHMt� in-
Is a separate offanse. Nothing
Nal a�sto into tryhhw North
herein contained shall prevent -the
Misr autt rizlog
Manager the Public
a lion as Inecessary sso to prevent
of Works to
ppromulgate reegg ulations pertaining
or remedy any violation.
Passed and Approved on this 9th
to such permittlnn providing for
dpflnitions;
day of January, 2012.
providing that this
ordinance shall be cumulative of all !
/s /Oscar Trevino
Oscar Trevino - Mayor
ordinances; pproviding a sever . illty
clause; providl dm a tier
here
ATTEST:
/ s /Patrkle Hutson
violations a mp-
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APPR AS
on offl ; ad
providing an
LEGAL
/s /Georg* Staples
Except as otherwise providedVm Oft
Ordinance,
George Staples - City Attorney
any person, flrm en
corporation who oa_ dianhem
Customer ID:
CIT13
Invoice Number:
319697671
Invoice Date:
1/17/2012
Terms:
Net due in 21 days
Due Date:
1/31/2012
PO Number:
County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
Order Number:
31969767
Sales Rep:
073
Description:
CITY OF NORTH RI
Publication Dates:
1/16/2012 - 1 / 17/2012
1 51 51 LINE
$6.11 $623.12
($559.68)
$10.00
Net Amount: 73
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wim or wno resists the enforce-
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this Ordinance shall fined no
more than Two.Thousa nd Dollars
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volvIng 00 innfor and Rve Hund►
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all other
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said
County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement
was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Signed � \ b
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, J uarl//19 012.
Notary Public
Thank You For Your Payment
--------------------------------------- - - - - --
Remit To: Star - Telegram
P.O. BOX 901051
FORT WORTH, TX 76101 -2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT13
CITY OF NORTH RICHLAN
319697671
$73.44 M
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