HomeMy WebLinkAboutOrdinance 2706
City of
North Richland Hills, Texas
Industrial Wastewater
Ordinance No. 2706
(Approved by Council 5/12/2003)
Public Works Department
7301 N.E. Loop 820
North Rich/and Hills, Texas 76180
(817) 427-6400
TABLE OF CONTENTS
SECTION I - DEFINITIONS............... ............................................ ............................. 1
SECTION II - PURPOSE AND POLiCy..................................................................... 9
SECTION 111- DISCHARGE PROHIBITIONS AND LIMITATIONS.......................... 10
A. DISCHARGES TO STORM DRAINS AND WATERCOURSES .................. 10
B. PROHIBITED DiSCHARGES......... ............................. ................................ 10
C. PROHIBITED SEWER CONNECTIONS .................................................... 10
D. PROHIBITED WASTEWATER CONSTITUENTS ...................................... 11
Temperature................................................................................................ 11
Solidifying Substance .............. ...................................................... .............. 11
Explosive...................................... .................. .................................... ......... 11
Obstruction......................... ....................... .................. ................................ 11
Garbage................ ..... .......................... ....................................................... 11
Gases....... ... ............................ ............................... .......... ... .................... .... 11
Sludge................................ ....................... .................. .......................... ...... 11
N PDES ........................................................................................................ 12
Objectionable Color..................................................................................... 12
Slugload ...................................................................................................... 12
Hazard to human life................................................................................... 12
Toxicity Test................................................................................................ 12
Swimming PooL........................................................................................... 12
Detergents................................................................................................... 12
Medical Waste............................................................................................. 12
Pollutants.......... ........ ..... .......... ... ............. ............... .. ................................... 12
E. WASTEWATER LIMITATIONS............................. ............. ......................... 12
Fats, oils, and greases................................................................................ 12
Acids or alkalies.......................................................................................... 13
Metals.. ..................... ..... .................. ....................... ... ............... ............. ...... 13
Cyanide....................................................................................................... 13
Gases......................................... ............. ............... ........ .......... ... ..... ........... 13
Rad ioactive..... .......... ..... .......................... .......... ..... ..................................... 13
T oxics . . . . . . . . . . . . . . . . .. .. . . . . . . .. . . . . . . . . . .. .. . .. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . .. . .. ... . . . . . . .. . .. 13
T emperatu re .................. .................................... ..... ............. ............. ........ ... 13
Categorical.................................................................................................. 14
Explosive............. .................. .......... ... .................. .................... ............. ...... 14
F. ACCIDENTAL DISCHARGE/SLUG CONTROL PLAN................................ 14
SECTION IV -SPECIAL RULES RELATING TO INDUSTRIAL DiSCHARGERS.... 14
A. COMPLIANCE WITH STAN DARDS ........................................................... 14
Applicable Laws.......................................................................................... 14
Dilution........................................................................................................ 14
Mass Limitations.......................................................................................... 14
B. ACCIDENTAL DiSCHARGES....................................................................... 15
C. WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS ......... 16
D. PROHIBITION OF ByPASS.......................................................................... 16
Bypass. . . .. . . . .. .. . .. . . .. . . . . . . . .. . . . . .. . ... ..... . . . . . . . .. . . . . . . . . . . . . .. . . .. . . . . . . . . . .. .. . .... . ... .. .. . .. . . . ... 16
E. NOTIFICATION OF HAZARDOUS WASTE DISCHARGES ......................... 16
SECTION V - ADMINISTRATION BY PERMIT........................................................ 17
A. CLASSIFICATION OF DISCHARGERS AND PERMITS .............................. 17
B. PERMIT CONDITIONS................................................................................. 19
C. REPORTING REQUIREMENTS FOR DISCHARGERS ............................... 21
D. INSPECTION AND FLOW MEASUREMENT................................................ 25
Inspection.............. ....................... ................ ............................................... 25
Measurement of Flow.................................................................................. 27
E. PERMIT MODIFiCATIONS............................................................................ 27
F. CONFI DENTIAL I N FORMATION.................................................................. 28
G. WASTEWATER DISCHARGE PERMIT REISSUANCE ................................ 29
SECTION VI - ENFORCEMENT.............................................................................. 29
A. REVOCATION OF PERMIT .......................................................................... 29
B. NOTIFICATION OF VIOLATION ................................................................... 30
C. ADMINISTRATIVE ORDERS................................................................. ....... 30
D. RIGHT OF APPEAL OF ADMINISTRATIVE RULING................................... 31
E. JUDICIAL PROCEEDINGS............................ ..... .......................................... 31
F. EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS ...... 31
G. OPERATING UPSETS.................................................................................. 32
H. RECOVERY OF COSTS INCURRED BY THE AUTHORITY........................ 33
I. FALSIFYING INFORMATION......................................................................... 33
J. POTW PRETREATMENT REQUIREMENTS .................................................33
SECTION VII - MiSCELLANEOUS.......................................................................... 33
A. NET/GROSS CALCULATIONS............. ........................................................ 33
B. PRESERVATION OF RECORDS.............. ..................................... ............... 34
C. COSTS OF ADMINISTERING PROGRAM ...................................................34
D. RIGHT OF REViSiON................................................................................... 34
E. PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS .............................34
SECTION VIII - CUMULATIVE CLAUSE................................................................. 34
SECTION IX - REMEDIES....................................................................................... 35
SECTION X - SEVERABILITY CLAUSE.................................................................. 35
SECTION XI - FINES............................................................................................... 35
SECTION XII - EFFECTIVE DATE........................................................................... 35
ORDINANCE NO. 2706
AN ORDINANCE REQUIRING PERMITS TO DISCHARGE INDUSTRIAL WASTE
INTO THE NORTH RICHLAND HILLS SANITARY SEWER SYSTEM;
AUTHORIZING THE DIRECTOR OF THE NORTH RICHLAND HILLS PUBLIC
WORKS DEPARTMENT TO PROMULGATE REGULATIONS PERTAINING TO
SUCH PERMITTING, PROVIDING FOR DEFINITIONS, MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ORDINANCE
NO. 2687 AND ALL ORDINANCES AND PROVISIONS OF THE NORTH
RICHLAND HILLS CITY CODE IN CONFLICT HEREWITH; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY; ENGROSSING AND ENROLLING
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION I - DEFINITIONS
When used in this Ordinance, these terms shall be defined as follows:
Abnormal Sewage: Any industrial waste discharged into the Authority's sanitary sewer
which, when analyzed, shows by weight a Total Suspended Solids (TSS) concentration
greater than 240 mg/L or a Biochemical Oxygen Demand (BOD) concentration greater
than 210 mg/L. In addition, the Authority may judge independently a waste's suitability
for discharge to the POTW that requires additional treatment, based upon BOD, TSS or
other characteristics, as abnormal. Any waste in this classification must be made
acceptable for discharge into the POTW as defined in this ordinance.
Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Approval Authority: The Regional Administrator of the EPA, or the Director of a state
agency delegated to act on EPA's behalf with an approved pretreatment program (e.g.
Director of Texas Commission on Environmental Quality (TCEQ)).
Authority: The City of North Richland Hills, Texas.
Authorized Representative: Authorized representatives (Authorized Signatories) for
wastewater discharge permit applications and for reports submitted under Section V, of
this ordinance are:
A. A responsible corporate officer, if the discharger submitting the application or
report is a corporation. This includes the president, vice-president, secretary or
treasurer of the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions for the
corporation.
Industrial Wastewater Ordinance No. 2706
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B. The manager of one or more manufacturing, production or operation facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
C. For a partnership or sole proprietorship, a general partner of the proprietor,
respectively.
D. The principal executive officer or director having responsibility for the overall
operation of the facility if the discharger is a federal, state or local governmental
entity, or their agents.
E. A duly authorized representative of the individual designated in A, B, C or D
above if: a) the authorization is made in writing by the individual described above
in A, B, C, or D, b) the authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from which the
discharge originates (such as a plant manager), or a position of equivalent
responsibility, or having overall responsibility for environmental matters for the
company, and c) the written authorization is submitted to the City. If an
authorization is no longer accurate because a different individual or position has
responsibility, a new authorization must be submitted to the City prior to or
together with any reports signed by an authorized representative.
Biochemical Oxygen Demand (B.O.D.): The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five
days at twenty (20) degrees Centigrade, expressed as parts per million by weight or in
terms of milligrams per liter.
Bypass: The intentional diversion of waste streams or wastewater from any portion of
a discharger's wastewater treatment equipment or pretreatment facility.
Categorical Pretreatment Standards: Limitations on pollutant discharges to POTWs
promulgated by EPA in accordance with Section 307 of the Clean Water Act, that apply
to specified process wastewaters of particular industrial categories [40 CFR 403.6 and
Parts 405-471].
CFR: Code of Federal Regulations.
City: City of North Richland Hills, Texas.
Chemical Oxygen Demand (COD): A 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 biochemical oxygen demand.
Combined Wastestream Formula (CWF): A procedure found in 40 CFR 403.6 (e) for
calculating fixed alternative discharge limits at industrial facilities applicable when
Industrial Wastewater Ordinance No. 2706
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regulated process wastewater, subject to a categorical pretreatment standard, is mixed
with non-regulated wastewaters prior to treatment.
Composite Sample: A mixture of grab samples collected at the same sample point at
different times and composed of not less than four samples. The series of samples
may be collected on a time or flow proportional basis.
A. Time Proportional Composite Sample - A sampling method which combines
discrete samples of constant volume collected at constant time intervals (e.g.,
200 milliliter samples collected every half hour for a 24-hour period).
B. Flow Proportional Composite Sample - A sampling method which combines
discrete samples collected over time, based on the flow of the waste stream
being sampled. There are two methods used to collect this type of sample. One
method collects a constant sample volume at time intervals which vary based on
the stream flow [e.g., 200 milliliters of sample collected for every 5,000 gallons
discharged]. The other method collects samples of varying volume, based on
stream flow, at constant time intervals.
Control Authority: Trinity River Authority of Texas and/or City of Fort Worth, Texas as
holders of the respective National Pollutant Discharge Elimination System (NPDES)
permits.
Cooling Water: The water discharged from any system of condensation such as air
conditioning, cooling, refrigeration or water used as a coolant in cooling towers where
the only pollutant is thermal.
Director: The Director of Public Works of the City of North Richland Hills, or his
authorized representative.
Discharger: Any user discharging an effluent into a POTW by means of pipes,
conduits, pumping stations, force mains, constructed drainage ditches, surface water
intercepting ditches, intercepting ditches, and all constructed devices and appliances
appurtenant thereto. The term includes owners and occupants of such premises.
EPA: Environmental Protection Agency of the federal government.
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: Solid waste from domestic or commercial preparation, cooking or dispensing
of food or from the handling, storage, and sale of produce.
gpd: gallons per day
Industrial Wastewater Ordinance No. 2706
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Grab Sample: A sample which is taken from a waste stream on a one time basis with
no regard to the flow of the waste stream and without consideration of time. The
sample is collected over a period of time not exceeding 15 minutes.
Industrial Waste: Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade, or business process or from the development, recovery or
processing of natural resources.
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 or composite sample collected, independent of the industrial flow rate and the
duration of the sampling event.
Inteñerence: A discharge which, alone or in conjunction with a discharge or
discharges from other sources, both:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use or disposal; and
B. Therefore is a cause of a violation of any requirement of the POTWs NPDES
permit (including an increase in the magnitude or duration of a violation) or of the
prevention of sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued thereunder (or more
stringent state or local regulations): Section 405 of the Clean Water Act, the
Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to
as the Resource Conservation and Recovery Act (RCRA), and including state
regulations contained in any state sludge management plan prepared pursuant
to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act,
and the Marine Protection, Research and Sanctuaries Act.
May: Is permissive.
Maximum Daily Average: The maximum concentration of a substance allowed in a
discharge as determined from a laboratory test of a daily composite sample. When
wastewaters are collected and stored for more than a day prior to discharge, such as
batch discharges, a laboratory test of a grab sample of the stored wastewater may be
used to determine the maximum daily average concentration.
Maximum Grab: The maximum concentration of a substance allowed in a discharge as
determined from a laboratory test of a grab sample.
mg/L: Milligram per liter.
New Source: Any building, structure, facility or installation from which there is or may
be a discharge of pollutants, the construction of which commenced after the publication
of proposed Pretreatment Standards under section 307(c) of the Act which will be
Industrial Wastewater Ordinance No. 2706
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applicable to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
A. The building, structure, facility or installation is constructed at a site at which no
other source is located; or
B. The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source; or
C. The production or wastewater generating processes of the building, structure,
facility or installation are substantially independent of an existing source at the
same site. In determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with the existing plant,
and the extent to which the new facility is engaged in the same general type of
activity as the existing source should be considered.
D. Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility or installation meeting the criteria of B or C above but
otherwise alters, replaces, or adds to existing process or production equipment.
E. Construction of a new source as defined under this paragraph has commenced if
the owner or operator has;
1. Begun, or caused to begin as part of a continuous onsite construction
program;
a. Any placement, assembly, or installation of facilities or equipment;
or
b. Significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new
source facilities or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities
or equipment which is intended to be used in its operation within a
reasonable time. Options to purchase or contracts which can be
terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this paragraph.
Noncontact Cooling Water: Water used for cooling which does not come into direct
contact with raw materials, intermediate product, waste product, or finished product.
NPDES: National Pollutant Discharge Elimination System permit program of the
Environmental Protection Agency, and/or the program of the state agency delegated to
act on EPA's behalf with an approved pretreatment program (e.g. TPDES or Texas
Pollutant Discharge Elimination System).
Industrial Wastewater Ordinance No. 2706
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o and M (or O&M): Operation and Maintenance.
Other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage,
offal, oil, tar, and all other substances except sewage and industrial wastes.
Owner or Occupant: The person, firm, or public or private corporation, using the lot,
parcel of land, building or premises connected to and discharging sewage, industrial
wastewater or liquid, into the sanitary sewage system of the City, and who pays, or is
legally responsible for the payment of, water rates or charges made against the said lot,
parcel of land, building or premises, if connected to the water distribution system of the
City, or who would payor be legally responsible for such payment if so connected.
Pass Through: The discharge of pollutants through the POTW into 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 POTWs NPDES permit.
Permit: Wastewater Discharge Permit, issued to non-domestic dischargers of industrial
waste into the sanitary sewerage system of the POTW.
Person: Any individual, business entity, partnership, corporation, governmental agency,
political subdivision, or any agent or employee thereof.
pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in
grams per liter of solution.
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): Any sewage treatment plant owned and
operated by an entity (i.e. the Control Authority) other than a private industry and the
sewers, pipes and conveyances owned in whole or part by the Authority and/or Control
Authority that convey wastewater to the sewage treatment plant. This definition includes
any devices and systems used in the storage, treatment, recycling and reclamation of
municipal sewage or industrial waste of a liquid nature.
Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing such pollutants into the
sanitary sewer.
Pretreatment Requirements: Any substantive or procedural requirement related to
pretreatment, other than a 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.
Industrial Wastewater Ordinance No. 2706
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Public Works Utility Superintendent (or Superintendent): Public Works Utility
Superintendent of the City of North Richland Hills, or his authorized representative.
Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport
industrial waste and domestic sewage to the POTW.
Severe Property Damage: Substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can be reasonably expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
Sewage: Water-carried human wastes or a combination of water-carried wastes from
residences, business buildings, institutions and industrial establishments, together with
such ground, surface, storm or other waters as may be present.
Shall: Is mandatory.
Significant Change: An increase or decrease in the volume of wastewater discharged
by more than 20 percent from the data submitted in the permit application, or the
deletion or addition of any pollutant regulated by the Authority or by a categorical
standard. Volumes are those measured by the water service meter, a verifiable
estimate, or a permanently installed effluent flow meter approved by the Authority.
Significant Industrial User (SIU): All industrial users subject to categorical
pretreatment standards and any other industrial user that: discharges an average of
25,000 gallons per day or more of process wastewater to a POTW (excluding sanitary,
noncontact cooling or boiler blowdown wastewater); contributes a process waste stream
which makes up 5 percent or more of the average dry weather hydraulic or organic
capacity of a POTW; or is designated as such by the Authority on the basis that the
industrial user has a reasonable potential for adversely affecting a POTWs operation or
for violating any pretreatment standard or requirement. Upon a finding that a
noncategorical industrial user meeting the criteria for a significant industrial user has no
reasonable potential for adversely affecting a POTWs operation or for violating any
pretreatment standard or requirement, the Authority may at any time on its own initiative
or in response to a petition received from a noncategorical industrial user, determine
such user is not a significant industrial user.
Slug or Slug load: Any discharge of a non-routine, episodic nature, including but is not
limited to an accidental spill or a non-customary batch discharge.
Standard Industrial Classification (SIC) Code: 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.
Industrial Wastewater Ordinance No. 2706
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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: 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, TTO's
will be sampled for as stipulated in the particular category or those parameters
reasonably suspected to be present, to be determined by the City, where not stipulated.
TPDES: Permit issued by the State 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.
Unpolluted Water or Waste: Any water or liquid waste containing none of the
following: phenols or other substances to an extent imparting taste and odor in
receiving waters; toxic or poisonous substances in suspension, colloidal state or
solution; noxious or odorous gases; more than ten thousand (10,000) parts per million,
by weight, of dissolved solids, of which not more than twenty-five hundred (2500) parts
per million are chloride; not more than ten (10) parts per million each of TSS and
B.O.D.; color not exceeding fifty (50) color units; nor pH value of less than 5.5 nor
higher than 11.0 and any water or waste approved for discharge into a stream or
waterway by the appropriate state authority.
Upset: An exceptional incident in which a discharger unintentionally and temporarily is
in a state of noncompliance with the standards established in this ordinance, due to
factors beyond the reasonable control of the discharger and excluding noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation thereof.
U.S.C: United States Code
V.A.C.S.: Vernon's Annotated Civil Statutes of the State of Texas.
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.
Industrial Wastewater Ordinance No. 2706
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SECTION II - PURPOSE AND POLICY
This ordinance provides for prohibitions on discharges of certain substances into the
public sewer system of the City from all sources, domestic, commercial, or industrial. A
further purpose of this ordinance is to set forth uniform requirements for industrial
dischargers into the Authority's wastewater collection and treatment systems, and to
enable the Authority to protect the general public's health and POTW personnel in
conformance with all applicable state and federal laws relating thereto. Parts of this
ordinance are enacted pursuant to regulations established by the U.S. Environmental
Protection Agency (EPA). 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.
All categorical pretreatment standards, lists of toxic pollutants, industrial categories and
other standards and categories which have been or which will be promulgated by the
EPA shall be incorporated as a part of this ordinance, as will EPA regulations regarding
sewage pretreatment established pursuant to the Act, and amendment of this ordinance
to incorporate such changes shall not be necessary. The Authority shall maintain
current standards and regulations which shall be available for inspection and copying.
The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the Authority wastewater system
which will interfere with the normal operation of the system, including
interference with the use or disposal of sludge, or contaminate the resulting
sludge;
B. To prevent the introduction of pollutants into the Authority wastewater system
which do not receive adequate treatment in the POTW, and which will pass
through the system into receiving waters or the atmosphere or which are
otherwise incompatible with the system; and
C. To improve the opportunity to recycle or reclaim municipal and industrial
wastewaters and sludges.
D. To provide for the fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the POTW.
E. To enable the City to comply with its NPDES permit conditions, sludge and
disposal requirements, and any other Federal and State laws to which the
POTW is subject.
The regulation of discharges into the Authority's wastewater system under this
ordinance shall be accomplished through the issuance of permits, as specified in
Section V herein, and by monitoring and inspection of facilities, according to this
ordinance.
The Director shall have the authority to promulgate such administrative regulations as
are from time to time necessary for the enforcement of this ordinance.
Industrial Wastewater Ordinance No. 2706
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SECTION III - DISCHARGE PROHIBITIONS AND LIMITATIONS
A. DISCHARGES TO STORM DRAINS AND WATERCOURSES
It shall be unlawful for any person to discharge or cause to be discharged any
wastewater into any storm drain or watercourse within the City, except for those
persons with approved permits for such discharges.
B. PROHIBITED DISCHARGES
No person shall discharge or cause to be discharged any storm water, surface
water, ground water, artesian well water, roof runoff, subsurface drainage,
condensate, deionized water, noncontact cooling water, and unpolluted
wastewater or drainage from downspouts, yard drains, yard fountains and ponds,
or lawn sprays into any sanitary sewer. Water from unpolluted industrial water or
cooling water from various equipment shall not be discharged into sanitary
sewers if an alternate acceptable means of disposal is available. If an alternate
acceptable means of disposal is not available, such water may be discharged
into the sanitary sewer provided the water is metered and meets the discharge
prohibitions and limitations of this ordinance.
1. General Prohibition - 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.
2. Specific Prohibitions - 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.
a. Petroleum Oil, Nonbiodegradable Cutting Oil, or product of mineral
oil origin in amounts that will cause interference or pass through.
b. Trucked or Hauled Pollutants, except at discharge points
designated by the Authority in accordance with Section C of this
ordinance.
C. PROHIBITED SEWER CONNECTIONS, INCLUDING TRUCKED
OR HAULED WASTEWATER
It shall be unlawful for any person to deposit or discharge into the sanitary sewer
any liquid or solid waste, including trucked or hauled wastes, unless such deposit
or discharge has been approved by the Authority.
Industrial Wastewater Ordinance No. 2706
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D. PROHIBITED WASTEWATER CONSTITUENTS
No person shall contribute or cause to be discharged directly or indirectly, into
any public sanitary sewer any of the following described substances, materials,
water or waste:
1. Temperature - any liquid or vapor having a temperature higher than one
hundred fifty degrees (150°) Fahrenheit (65° degrees Centigrade);
2. Solidifvinq Substance - any water or waste which contains wax, grease,
oil, petroleum oil, nonbiodegradable cutting oil, products of mineral oil
origin, plastic or other substance that will solidify or become discernibly
viscous at temperatures between thirty-two degrees (32°) to one hundred
fifty degrees (150°) Fahrenheit, thereby contributing to the clogging,
plugging or otherwise restricting the flow of wastewater through the
collection system;
3. Explosive - pollutants which create a fire or explosion hazard in the sewer
system or POTW, including, but not limited to, waste streams with a
closed cup flash point of less than 140° degrees Fahrenheit or 60°
degrees Centigrade using the test methods specified in 40 CFR Part
261.21. This includes flammable or explosive liquids, solids or gases
such as gasoline, kerosene, benzene, naphtha, etc., which by reason of
their chemical properties or quantity may be sufficient, either alone or by
interaction, to cause fire or explosion.
4. Obstruction - solid or viscous substances in quantities capable of causing
obstruction in the flow in sewers or other interference with proper
operation of the POTW, such as, but not limited to, ashes, cinders,
asphalt, concrete, cement, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, whole blood, paunch manure, hair and
fleshings, entrails, lime slurry, lime residues, slops, chemical residues,
paint residues, or bulk solids;
5. Garbaqe - 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 POTWs effluent or
treatment residues, sludges, or scums, to be unsuitable for reclamation
and reuse or to interfere with the reclamation process as determined
pursuant to criteria in this ordinance. In no case, shall a substance
discharged to the POTW cause the POTW to be in noncompliance with
Industrial Wastewater Ordinance No. 2706
Page 11 0(40
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. Slug load - 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; Total Toxic
Organics in excess of 2.13 mg/L collected as a grab sample;
13. Swimminq 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.
E. WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged, directly or indirectly, into
any sanitary sewer any wastewaters containing or having:
1. Fats. oils. and greases - free or emulsified fats, oils, and greases
exceeding 200 mg/L as determined by approved EPA method listed in
40CFR Part 136. A concentration of 200 mg/L is allowable providing the
Authority has specifically determined that the waste: a) derives from
animal or vegetable materials; b) biodegrades readily in the POTW; c)
Industrial Wastewater Ordinance No. 2706
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does not cause an obstruction of flow in the sewer line; and d) the
discharge is pretreated by discharge through an approved grease trap or
other pretreatment process.
2. Acids or alkalies - acids or alkalies capable of causing damage to sewage
disposal structures or personnel or having a pH value lower than 5.5 or
higher than 11.0.
3. Metals - metals in the form of compounds or elements with total
concentrations exceeding the following:
MAXIMUM DAILY
AVERAGE (mg/L)
0.1
0.3
5.0
3.0
Arsenic
Cadmium
Chromium
Copper
Cyanide
Lead
Mercury
Molybdenum
Nickel
Selenium
Silver
Zinc
Total Toxic Organics
2.9
0.01
2.0
0.1
5.0
MAXIMUM GRAB
(mq/L)
0.2
0.1
2.9
2.3
0.5
0.9
0.0004
0.2
4.6
0.1
0.3
8.0
2.13
4. Cyanide - cyanide or cyanogen compounds (expressed as total Cñ) in
excess of 0.5 mg/L.
5. Gases - hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10
parts per million.
6. Radioactive - radioactive wastes or isotopes with a half-life or
concentration exceeding limits established by the Authority in compliance
with applicable state or federal regulations.
7. Toxics - toxic pollutants in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, or to pass through the
treatment plant and impair aquatic life in receiving water, as expressed by
the results of acute or chronic toxicity tests of the POTW effluent.
8. Temperature - a temperature which inhibits or interferes with biological
activity in the POTW treatment plant. In no case shall wastewater be
introduced which would have a temperature exceeding 40°C (104°F) upon
entering the POTW treatment plant.
Industrial Wastewater Ordinance No. 2706
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9. Categorical - pollutants in excess of the limitations established in an
applicable categorical pretreatment standard set forth in Title 40 of the
Code of Federal Regulations.
10. Explosive - wastewaters which emanate vapors causing the atmosphere
in the sewer system to exceed 20% of the lower explosive limit in the
immediate area of the discharge.
F. ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS
At least once every two (2) years, the Authority shall evaluate whether each
significant industrial user needs accidental discharge/slug control plan. The
Authority may require any user to develop, submit for approval, and implement
such a plan. Alternatively, the Authority may develop such a plan for any user.
An accidental discharge/slug control plan shall address, at a minimum, the
following:
1. Description of discharge practices, including non routine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the Authority of any accidental or
slug discharge, as required by Section 6.6 of this ordinance; 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.
SECTION IV -SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS
A. COMPLIANCE WITH STANDARDS
1. Applicable Laws - All dischargers shall be subject to those Federal, State
and local requirements and limitations which are the most stringent.
2. Dilution - No discharger shall increase the use of potable or process water
in any way for the purpose of diluting a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the
standards set forth in this ordinance.
3. Mass Limitations - Where deemed appropriate the Authority may apply
mass limitations expressed in pounds per day of pollutant discharged.
Categorical Pretreatment Standards and the City's right to impose mass
or concentration limits, the City's right to use combined waste stream
Industrial Wastewater Ordinance No. 2706
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formula as appropriate, the right of a user to obtain a variance, and the
right of a user to obtain a net gross adjustment.
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, [the
Superintendent] 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 DISCHARGES
Each discharger shall provide protection from accidental discharge of prohibited
or regulated materials or substances established by this ordinance. Where
necessary, facilities to prevent accidental discharge of prohibited materials shall
be provided and maintained at the discharger's cost and expense. When
applicable, detailed plans showing facilities and operating procedures to provide
this protection shall be submitted to the Authority for review, and shall be
approved by the Authority before construction of the facility. Review and
approval of such plans and operating procedures by the Authority shall not
relieve the discharger from the responsibility to modify its facility as necessary to
meet the requirements of this ordinance.
Dischargers shall notify the Authority immediately upon the occurrence of a
"slug" or accidental discharge of substances prohibited by this ordinance. The
notification shall include location of discharge, date and time thereof, type of
waste, concentration and volume, corrective actions taken, and be signed by the
dischargers Authorized Representative. Any discharger discharging slugs of
prohibited materials shall be liable for any expense, loss or damage to the
wastewater system and the POTW, in addition to the amount of any fines
imposed on the Authority under state or federal law.
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.
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C. WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS
All dischargers who discharge wastewater into a private sewer system shall
comply with this ordinance including Section V; provided, however, that flow
measurement may be based on metered water consumption. Each discharger
shall provide an agreement, signed by the owner of the sewer system, which
authorizes the Authority's personnel to enter onto the owner's property for
purposes of inspection and monitoring of discharger's premises, and for
enforcement pursuant to the term of this ordinance.
D. PROHIBITION OF BYPASS
1. Bypass of a discharger's treatment equipment or treatment facility is
prohibited and the Authority may take enforcement action against the
discharger unless:
a. The bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage, and;
b. There were no feasible alternatives to the bypass, such as use of
auxiliary treatment facilities, retention of untreated wastewater, or
maintenance during normal periods of downtime. This condition is
not satisfied if, in the exercise of reasonable engineering 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 paragraph 1) above.
E. NOTIFICATION OF HAZARDOUS WASTE DISCHARGES
All dischargers shall notify the Authority, the Control Authority, the EPA's
Regional Waste Management Division Director, and the Texas Commission on
Environmental Quality in writing of any discharge into a wastewater system or
Industrial Wastewater Ordinance No. 2706
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POTW of any substance, which, if otherwise disposed of, would be a hazardous
waste under 40 CFR Part 261. Any notification under this paragraph must be
submitted in conformance with 40 CFR Part 403.12 (p).
SECTION V - ADMINISTRATION BY PERMIT
A. CLASSIFICATION OF DISCHARGERS AND PERMITS
1. All non-domestic users which discharge into the sanitary sewer system of
the Authority shall be grouped according to the following definitions:
Group I - Significant Industrial Users are defined in Section I
Definitions.
Group II - Commercial Facilities and Small Industrial Users are
those commercial facilities and industrial users which are not
included in Group I and which do not discharge a significant
amount of regulated pollutants on a regular basis.
Examples include automotive service shops, small food
processors and photographic developing shops.
Group III - Classed High Strength Users are restaurants, car washes
or other businesses which can be classed according to an
average strength or abnormal strength of their wastewater.
Group IV - Wastewater Haulers are transporters of wastewater
desiring to discharge into the Authority's sanitary sewage
system.
2. All Group I dischargers shall submit a Wastewater Discharge Permit
Application to the Authority on a form provided by the Authority.
a. All information required by Section V(C).
b. 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;
c. Number and type of employee, hours of operation, and proposed
or actual hours of operation;
d. Each product produced by type, amount, process or processes,
and rate of production;
e. Type and amount of raw materials processed (average and
maximum per day);
Industrial Wastewater Ordinance No. 2706
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f. Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size,
location, and elevation, and all points of discharge;
g. Time and duration of discharge; and
h. Any other information as may be deemed necessary by the
Authority to evaluate the wastewater discharge permit application.
All Group II, III and IV dischargers shall submit an Industrial Waste
Questionnaire. The questionnaire will be reviewed by the Public Works
Utility Superintendent or authorized representative. If deemed necessary,
Group II, III or IV dischargers may also be required to obtain a Permit as
outlined herein.
3. No new Group I user shall be allowed to discharge until issued a valid
permit.
4. The Authority will evaluate the completed applications and data furnished
by the discharger and may require additional information. If, after
evaluation, the application is deemed satisfactory, then a wastewater
discharge permit shall be issued within 60 days after the evaluation is
complete. The wastewater discharge permit shall be subject to the terms
and conditions specified herein and to the regulations of the Authority.
5. If the application is denied, the applicant shall be notified in writing within
30 days of the reasons for such denial. If denial is based on the
Authority's determination that the applicant cannot meet the wastewater
discharge limitations of this ordinance, the Authority may specify that the
applicant be required to provide pretreatment of the waste before it is
deemed acceptable for sewer discharge.
6. Where additional pretreatment and/or operation and maintenance
activities will be required to comply with this ordinance, pursuant to 5)
above, the discharger shall provide a declaration of the shortest schedule
by which the discharger will provide such additional pretreatment and/or
implement added operational and maintenance activities.
a. The schedule shall contain milestone dates for the commencement
and completion of major events leading to the construction and
operation of additional pretreatment required for the discharger to
comply with the requirements of this ordinance including, but not
limited to dates, relating to hiring an engineer, completing
preliminary plans, completing final plans, executing contract(s) for
major components, commencing construction, completing
construction, and all other acts necessary to achieve compliance
with this ordinance.
b. The time increments established between milestone dates shall be
the shortest practicable for the completion of the required work.
Industrial Wastewater Ordinance No. 2706
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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.
c. Not later than 14 days following each milestone date in the
schedule and the final date for compliance, the discharger shall
submit a progress report to the Authority, including a statement as
to whether or not it complied with the increment of progress
represented by that milestone date and, if not, the date on which it
expects to comply with this increment of progress, the reason for
delay, and the steps being taken by the discharger to return the
construction to the approved schedule. In no event shall more than
9 months elapse between such progress reports to the Authority.
7. Prior to the approval of a permit, unless exempted by the Authority, all
dischargers shall provide monitoring facilities to allow inspection, sampling
and/or flow measurement of wastewaters before entering the sanitary
sewer of the Authority. Each monitoring facility shall be located on the
discharger's premises; provided, however, where such location would be
impractical or cause undue hardship to the discharger, the Authority may
approve the placement of monitoring facilities in the public street or
sidewalk area. All monitoring equipment and facilities shall be maintained
in a safe and proper operating condition at the expense of the discharger.
Failure to provide proper monitoring facilities shall be grounds for denial
of a permit.
B. PERMIT CONDITIONS
Permits are issued to a specific discharger for specific operation and are not
assignable to another discharger or transferable to any other location without the
prior written approval of the Authority.
1. Wastewater Discharge Permit Transfer may be transferred to a new
owner or operator only if the permittee gives at least Ninety (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:
a. States that the new owner and/or operator has no immediate intent
to change the facility's operations and process;
b. Identifies the specific date on which the transfer is to occur; and
c. Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as the date of facility transfer.
Industrial Wastewater Ordinance No. 2706
Page 190'40
2. Wastewater Discharge Permit Requirements:
a. A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years;
b. A statement that the wastewater discharge permit is
nontransferable without prior notification to the City in accordance
with Section B(1) of this ordinance, and provisions for furnishing
the new owner or operator with a copy of the existing wastewater
discharge permit;
c. Effluent limits based on applicable general pretreatment standards
as set forth in CFR 403, categorical pretreatment standards, local
limits, and state and local law;
d. 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
e. Violation of pretreatment standards and requirements or of any
applicable compliance schedule shall be punishable by a fine of up
to $2000 per day and by civil penalties of up to $5000 per day.
Such schedule may not extend the time for compliance beyond that
required by Federal, State, and local law.
3. Wastewater discharge permits may contain, but need not limited to, the
following conditions:
a. Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
b. 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;
c. 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;
d. 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;
e. The unit charge of schedule of user charges and fees for
Industrial Wastewater Ordinance No. 2706
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management of the wastewater discharge to the POTW;
f. Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
g. A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with all
applicable Federal and State pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit; and
h. Other conditions as deemed appropriate by the Authority to ensure
compliance with this ordinance, and State and Federal laws, rules,
and regulations.
C. REPORTING REQUIREMENTS FOR DISCHARGERS
1. Baseline Report: Within 180 days following the effective date for new or
revised categorical pretreatment standards, or at least 90 days prior to
commencement of the introduction of wastewater into the POTW by a
new discharger, any discharger subject to a categorical pretreatment
standard shall submit to the Authority a report (in a form provided by the
Authority), indicating the nature and concentration of all prohibited or
regulated substances contained in its discharge, and the average and
maximum daily flow in gallons. The report shall state whether the
applicable categorical pretreatment standards are being met on a
consistent basis and, if not, what add itional 0 & M or pretreatment is
necessary to bring the discharger into compliance with the applicable
categorical pretreatment standards. This report shall be signed by an
authorized representative and certified by a qualified professional as
stated in 40 CFR Part 403.12(b)(6).
a. Identifying Information. The name and address of the facility,
including the name of the operator and owner.
b. Environmental Permits. A list of any environmental control permits
held by or for the facility.
c. 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.
d. 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).
Industrial Wastewater Ordinance No. 2706
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e. Measurement of Pollutants
(i) The categorical pretreatment standards applicable to each
regulated process.
(ii) 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 V of this
ordinance.
(iii) Sampling must be performed in accordance with procedures
set out in Section V(C)(4).
f. 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.
g. 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 section must meet the requirements set out in Section VI of
this ordinance.
h. Siqnature and Certification. All baseline monitoring reports must be
signed and certified in accordance with Section C(1) of this
ordinance.
2. 90 Day Compliance Report: Within 90 days following the date for final
compliance by the discharger with applicable categorical pretreatment
standards or 90 days following commencement of the introduction of
wastewater into the POTW by a new discharger, any discharger subject to
categorical pretreatment standards shall submit to the Authority a report
indicating the nature and concentration of all prohibited or regulated
substances contained in its discharge, and the average and maximum
daily flow in gallons. The report shall state whether the applicable
categorical pretreatment standards or requirements are being met on a
consistent basis and, if not, what additional 0 & M or pretreatment is
necessary to bring the discharger into compliance with the applicable
Industrial Wastewater Ordinance No. 2706
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categorical pretreatment standards or requirements. This report shall be
signed by an authorized representative of the discharger.
3. Periodic Compliance Reports: Any discharger subject to a categorical
pretreatment standard made a part of this ordinance shall submit to the
Authority a report indicating the nature and concentration of prohibited or
regulated substances in the effluent which are limited by the categorical
pretreatment standards hereof. Reports are required after the compliance
date of such a pretreatment standard, or in the case of a new discharger,
after commencement of the discharge, and are to be submitted at least
once every six months (on dates specified by the Authority). In addition,
where applicable, this report shall include a record of all measured or
estimated average and maximum daily flows which, during the reporting
period, exceeded the average daily flow specified in Section V, paragraph
B, 1) and 2) hereof. Flows shall be reported on the basis of actual
measurement, provided however, where cost or feasibility considerations
justify, the Authority may accept reports of average and maximum flows
estimated by verifiable techniques. The Authority, taking into
consideration extenuating factors, may authorize the submission of said
reports on months other than those specified above.
4. Analysis and Sampling Procedures: All analyses shall be performed in
accordance with procedures contained in 40 CFR Part 136 and
amendments thereto or with any other test procedures approved by the
Administrator. Sampling shall be performed in accordance with the
techniques approved by EPA. Where 40 CFR Part 136 does not include
sampling or analytical techniques for the pollutants in question, or where
EPA determines that the Part 136 techniques are inappropriate for the
pollutant in question, sampling and analyses shall be performed using
validated analytical methods or any other sampling and analytical
procedures, including procedures suggested by the POTW or other
parties, approved by EPA.
Sample Collection:
a. Except as indicated in Section B, below, the user must collect
wastewater samples using flow proportional composite collection
techniques. In the event flow proportional sampling is infeasible,
the 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.
5. Reporting Additional Monitoring: If an industrial user subject to the
reporting requirements of this section monitors any pollutant more
Industrial Wastewater Ordinance No. 2706
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frequently than required by the Authority, using the procedures prescribed
in paragraph (4) of this section, the results of this monitoring shall be
included in the report.
6. Significant Noncategoricallndustrial User Reporting: Significant
noncategorical industrial users shall submit to the Authority at least once
every six months (on dates as specified by the Authority) a description of
the nature, concentration, and flow of the pollutants required to be
reported by the Authority. These reports shall be based on sampling and
analysis performed in the period covered by the report, and performed in
accordance with the techniques described in paragraph (4) of this section.
This sampling and analysis may be performed by the Authority in lieu of
the significant noncategorical industrial user.
7. Notification of Changed Discharge: Dischargers shall give prior written
notification to the Authority of any significant change in the volume or
character of pollutants in the discharge.
a. The notification to the Authority shall be received at least ninety
(90) days prior to change.
b. 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.
c. The Authority may issue a wastewater discharge permit or modify
an existing wastewater discharge permit in response to changed
conditions or anticipated changed conditions.
d. 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.
8. Authority Monitoring: Sampling and analysis for the reports required by
paragraphs (1), (2), (3) and 6) above may be performed by the Authority
in lieu of the discharger. If all information required for the report, including
flow data, is collected by the Authority, the discharger will be required to
submit the report or certifications.
9. Signatory Requirements: All applications and compliance reports
submitted to the Authority must contain the following certification
statement and be signed by the Authorized Representative:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Industrial Wastewater Ordinance No. 2706
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Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information
and for not reporting known violations, including possibility of fine
and imprisonment."
10. Wastewater Analysis: When requested by the Authority, a user must
submit information on the nature and characteristics of its wastewater
within Thirty (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.
D. INSPECTION AND FLOW MEASUREMENT
1. Inspection: The Authority may inspect the facilities of any discharger to
determine compliance with the requirements of this ordinance. The
discharger shall allow the Authority or its representatives to enter upon the
premises of the discharger at all reasonable hours for the purposes of
inspection, sampling, or examination of records. All reports and records
related to the provisions of this ordinance shall be made available for
copying and inspection by the Authority. The Authority shall have the right
to set upon the discharger's property such devices as are necessary to
conduct sampling, inspection, compliance monitoring and metering or
measuring operations. The inspectors, agents or representatives of the
Authority charged with the enforcement of this section shall be deemed to
be performing a governmental function for the benefit and health and
welfare of the general public and neither the Authority nor any individual
inspector, agent or representative shall be held liable for any loss or
damage, whether real or asserted, caused or alleged to have been
caused as a result of the performance of such governmental function.
The failure or refusal of such owner or discharger to comply with this
provision shall be grounds for the disconnection of water or sewer service
to the facility.
Facilities regulated under this chapter are subject to the authority of the
U.S. Environmental Protection Agency (EPA) under Section 308 of the
Federal Clean Water Act (33 U.S.C. § 3318), as amended, concerning
access to information and right of entry onto property for purposes of
implementing and enforcing the federal pretreatment program and other
applicable provisions of the Federal Clean Water Act.
Facilities regulated under this chapter are subject to the authority of the
Texas Commission on Environmental Quality (TCEQ) under Sections
26.014 and 26.015 of the Texas Water Code, as amended, and Sections
361.032 and 361.037 of the Texas Health and Safety Code, as amended,
concerning access to information and right of entry onto property for
purposes of implementing and enforcing the State of Texas' pretreatment
Industrial Wastewater Ordinance No. 2706
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program and other applicable provisions of the Texas Water Code and
Texas Health Safety Code.
The industrial waste discharged or deposited into the sanitary sewers
shall be subject to periodic inspection and sampling as often as may be
deemed necessary by the Authority. Samples shall be collected in such
manner as to be representative of the character and concentration the
waste under operational conditions. The laboratory methods used in the
examination of said waste shall be those set forth in 40 CFR Part 136.
The determination of the character and concentration of industrial waste
shall be made at such times and on such schedules as may be
established by the Authority. Should a discharger desire a determination
of the quality of such industrial waste be made at some time other than
that scheduled by the Authority, such special determination may be made
by the Authority at the expense of the owner or discharger.
Inspection and sampling of IUs by City at least once a year: Randomly
sample and analyze the effluent from industrial users and conduct
surveillance activities in order to identify, independent of information
supplied by industrial users, occasional and continuing noncompliance
with pretreatment standards. Inspect and sample the effluent from each
Significant Industrial User at least once a year. Evaluate, at least once
every two years, whether each such Significant Industrial User needs a
plan to control slug discharges. For purposes of this subsection, a slug
discharge is any discharge of a non-routine, episode nature, including but
not limited to an accidental spill or a non-customary batch discharge. The
result of such activities shall be available to the Approval Authority upon
request. If the POTW decides that a slug control plan is needed, the plan
shall contain, at a minimum, the following elements:
a. Description of discharge practices, including non-routine batch
discharges.
b. Description of stored chemicals.
c. Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate a prohibition under 40
CFR 403.5(b), with procedures for follow-up written notification
within five days.
d. If necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading
operations, control of plant site run-off, worker training, building of
containment structures or equipment, measures for containing toxic
organic pollutants (including solvents), and/or measures and
equipment for emergency response.
NOV/Repeat Sampling and Reporting: If sampling performed by an
Industrial User indicates a violation, the user shall notify the Control
Industrial Wastewater Ordinance No. 2706
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Authority within 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 30 days after becoming
aware of the violation, except the Industrial User is not required to
resample if:
a. The Control Authority performs sampling at the Industrial User at a
frequency of at least once per month, or
b. 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.
2. Measurement of Flow: The volume of flow used in computing sewage
charges shall be based upon metered water consumption or discharge as
shown in the records of meter readings maintained by the North Richland
Hills Water Department.
Where it can be shown to the satisfaction of the Director that a substantial
portion of the metered water does not enter the sanitary sewer, the
Director may require or permit the installation of additional approved
meters at the owner's expense, to measure the quantity of water actually
entering the sewer system. If approved by the Director, the measured
quantity of water actually entering the sewer system will be used to
determine the sewer service charge.
Any discharger who procures all or part of its water supply from sources
other than the North Richland Hills Water Department, all or part of which
is subsequently discharged into the sanitary sewer, shall install and
maintain at its expense an effluent meter or flow measuring device
approved by the Director for the purpose of determining the proper
volume of flow to be used in computing sewer service charges. Such
meters or measuring devices shall be read monthly.
If the Director determines that it is not practicable to measure the quantity
or quality of waste by the aforesaid meters or monitoring devices, the
quantity or quality of the waste shall be determined in any manner or
method the Director may find practicable in order to arrive at the
percentage of water entering the sanitary sewage system of the Authority
and/or the quality of the sewage to be used to determine the sewer
service charge.
E. PERMIT MODIFICATIONS
1. The Authority reserves the right to amend any permit issued hereunder in
order to assure compliance by the Authority with applicable laws and
regulations. The Authority may amend any permit for good cause
including, but not limited to the following:
Industrial Wastewater Ordinance No. 2706
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a. To incorporate any new or revised federal, state, or local
pretreatment standards or requirements.
b. Material or substantial alterations or additions to the discharger's
operation processes, or discharge volume or character which were
not considered in drafting the effective permit.
c. A change in any condition in either the industrial user or the POTW
that requires either a temporary or permanent reduction or
elimination of the authorized discharge.
d. Information indicating that the permitted discharge poses a threat
to the Authority's collection and treatment systems, POTW
personnel or the receiving waters.
e. Violation of any terms or conditions of the permit.
f. Misrepresentation or failure to disclose fully all relevant facts in the
permit application or in any required reporting.
g. To correct typographical or other errors in the permit.
h. To reflect transfer of the facility ownership and/or operation to a
new owner/operator.
I. Upon request of the permittee, provided such request does not
create a violation of any applicable requirements, standards, laws,
or rules and regulations.
2. All categorical pretreatment standards promulgated and adopted by the
EPA after the effective date of this ordinance shall automatically become
a part of this ordinance. Where a discharger, subject to a categorical
pretreatment standard, has not previously submitted an application for a
permit as required by Section V, paragraph A, 2) above, the discharger
shall apply for a permit from the Authority within 180 days after the
promulgation of the applicable categorical pretreatment standard by the
EPA. In addition, the discharger with an existing permit shall submit to the
Authority within 180 days after promulgation of an applicable categorical
pretreatment standard, the information required by Section V, paragraph
C, 1) above. The discharger shall be informed of any proposed changes
in its permit at least 30 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a reasonable time
schedule for compliance.
F. CONFIDENTIAL INFORMATION
1. All information and data submitted by a discharger to the Authority or
POTW may be submitted to any State or Federal agency governing the
POTW. Such information shall be considered subject to public disclosure,
provided, however, that the discharger may request that information not
Industrial Wastewater Ordinance No. 2706
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be subject to public disclosure, in accordance with 40 CFR Part 2 as
follows:
a. A discharger may assert a business confidentiality claim covering
part or all of the information in a manner described below, and that
information covered by such a claim will be disclosed only by
means of the procedures set forth below.
b. If no claim of business confidentiality is asserted, all information will
be subject to public disclosure without further notice to the
discharger.
2. Method and time of asserting business confidentiality claim: A 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.
3. Nothing in this section shall prevent the disclosure of information and data
regarding the nature and content of a discharger's effluent, and the
frequency of discharge, or a standard or limitation to be met by the
discharger, and this information shall be available to the public with no
restrictions. Effluent data which cannot be held as confidential is as
defined in 40 CFR 2.302.
4. The provisions of this section shall be subject to any public disclosure
requirements which may exist under Article 6252-17a, V.A.C.S.
G. WASTEWATER DISCHARGE PERMIT REISSUANCE
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 V(A)(2) of this ordinance, a minimum of Ninety (90)
days prior to the expiration of the user's existing wastewater discharge permit.
SECTION VI - ENFORCEMENT
A. REVOCATION OF PERMIT
The Authority may revoke the permit or terminate water or sewer service of any
discharger which fails to:
Industrial Wastewater Ordinance No. 2706
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1 . factually report the wastewater constituents and characteristics of its
discharge; or
2. report significant changes in wastewater constituents or characteristics; or
3. allow reasonable access to the discharger's premises by representatives
of the Authority for the purpose of inspection or monitoring; or
4. pay sewer charges; or
5. meet compliance schedules; or
6. fulfill the conditions of its permit, or this ordinance, or to obey any final
judicial order with respect thereto.
B. NOTIFICATION OF VIOLATION
Whenever the Authority finds that any discharger has engaged in conduct which
justifies revocation of a permit, pursuant to Section VI, A. hereof, the Authority
shall serve or cause to be served upon such discharger a written notice, either by
personal delivery or by certified or registered mail, return receipt requested,
stating the nature of the alleged violation. Within 30 days of the date of receipt of
the notice, the discharger shall respond in person or in writing to the Authority,
advising of its position with respect to the allegations. Thereafter, the parties
shall meet to ascertain the veracity of the allegations and where necessary,
establish a plan for the satisfactory correction thereof.
C. ADMINISTRATIVE ORDERS
Where the violation of Section VI,A. hereof is not corrected by means of
enforcement action listed in Section VI, B, the following enforcement escalations
may be used. Terms mayor may not be negotiated with industrial users.
Generally used as first form response to a significant noncompliance, unless
more severe action is justified.
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 City and
industrial representatives.
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
Industrial Wastewater Ordinance No. 2706
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discussed with the industry in advance. Typically used when
noncompliance cannot be resolved without construction, repair, or
process changes, or to require development of management practices,
spill prevention programs, and other pretreatment program requirements.
4. Cease and Desist Order - An order which directs the noncompliant user
to cease illegal or unauthorized discharges immediately, or to terminate
the discharge altogether. Generally used in situations where the
discharge could cause interference or pass through, or otherwise create
an emergency situation.
D. RIGHT OF APPEAL OF ADMINISTRATIVE RULING
Any discharger or any interested party shall have the right to request in writing an
interpretation or ruling by the Authority on any matter covered by the ordinance
and shall be entitled to a prompt written reply. In the event that such inquiry is by
a discharger and deals with matters of performance or compliance with this
ordinance or deals with a permit issued pursuant hereto for which enforcement
activity relating to an alleged violation is the subject, receipt of a discharger's
request shall stay all enforcement proceedings pending receipt of the aforesaid
written reply; provided, however, the Authority may take any action it deems
necessary to protect its wastewater collection and treatment system or to comply
with its NPDES permit or to comply with any contract the Authority has for the
treatment of wastewater.
E. JUDICIAL PROCEEDINGS
The Authority, with respect to the conduct of any discharger contrary to the
provisions of this ordinance may authorize its attorney to commence any legal
action in a court of competent jurisdiction for equitable and/or legal relief.
a. Injunction Relief: When the Authority finds that a user has violated, or
continues to violate, any provision of this ordinance, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Authority may petition the [NAME OF
COURT] through North Richland Hills Attorney for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or
compels the specific performance of the wastewater discharge permit,
order, or other requirement imposed by this ordinance on activities of the
user. The 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 injunction relief shall not
be a bar against, or a prerequisite for, taking any other action against a
user.
F. EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS
The Authority, may, for good cause shown, suspend water or wastewater service
to the discharger's facility, when it appears to the Authority that an actual or
threatened discharge presents or may present an imminent or substantial danger
Industrial Wastewater Ordinance No. 2706
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to the health or welfare of persons, substantial danger to the environment,
interfere with the operation of a POTW, violate any pretreatment limits imposed
by this ordinance or any Permit issued pursuant to this ordinance. Any
discharger notified of the suspension of the Authority's water or wastewater
service and/or the discharger's permit, shall within a reasonable period of time,
as determined by the Authority, cease all discharges. In the event of the failure
of the discharger to comply voluntarily with the suspension order within the
specified time, the Authority may commence judicial proceedings to compel the
discharger's compliance with such order or may immediately disconnect such
discharger's service line from the City water and sanitary sewer system. In the
case of emergency disconnection of service, the Director shall make a
reasonable attempt to notify the owner or discharger before disconnecting the
service line. The party whose service has been disconnected shall have an
opportunity for a hearing on the issue of the illegal discharge and the
disconnection as soon as possible after such disconnection has taken place.
The Authority may reinstate the permit and/or the wastewater or water service
upon proof by the discharger of the cessation of the non-complying discharge or
elimination of conditions creating the threat of imminent or substantial danger as
set forth above. The water and/or wastewater service shall be reconnected at
the discharger's expense.
G. OPERATING UPSETS
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.
Any discharger who experiences an upset in operations which places the
discharger in a temporary state of non-compliance with this ordinance shall
inform the Authority within 24 hours of first awareness of the commencement of
the upset. Where such information is given orally, the Authority may at its
discretion require the discharger to file a written report within five working days.
The report shall specify:
1. Description of the upset, its cause and the upset's impact on a
discharger's compliance status.
2. Duration of non-compliance, including exact dates and times of
non-compliance, and if the non-compliance continues, the time by which
compliance is reasonably expected to occur.
Industrial Wastewater Ordinance No. 2706
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3. All steps taken or to be taken to reduce, eliminate and prevent recurrence
of such an upset or other conditions of non-compliance.
An operating upset which was not the result of negligence on the part of the
discharger, and which has been documented and verified in the manner stated
above shall be an affirmative defense to any enforcement action brought by the
Authority against a discharger for any non-compliance with the ordinance which
arises out of violations alleged to have occurred during the period of the upset.
H. RECOVERY OF COSTS INCURRED BY THE AUTHORITY
Any discharger who discharges or causes a discharge producing a deposit or
obstruction, or causes damage to or impairs the Authority's wastewater system,
shall be liable to the Authority for any expense, loss, or damage caused by such
violation or discharge. The Authority shall bill the discharger for the costs
incurred by the Authority for any cleaning, repair, or replacement work caused by
the violation or discharge. Failure to pay such bill may result in the termination of
water or wastewater service.
I. FALSIFYING INFORMATION
Any person who knowingly makes any false statement, representation or
certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to this ordinance, or falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required under
this section, shall, upon conviction, be punished as provided in Section XI of this
Ordinance.
J. POTW PRETREATMENT REQUIREMENTS
Obtain remedies for noncompliance by any Industrial User with any Pretreatment
Standard and Requirement. All POTWs 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 paragraph 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.
SECTION VII - MISCELLANEOUS
A. NET/GROSS CALCULATIONS
The Authority may elect to adjust categorical pretreatment standards to reflect
the presence of pollutants in the discharger's intake water, in accordance with 40
CFR Part 403.15.
Industrial Wastewater Ordinance No. 2706
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B. PRESERVATION OF RECORDS
All dischargers subject to this ordinance shall retain and preserve for no less
than three (3) years, any records, books, documents, memoranda, reports,
correspondence and any and all summaries thereof, relating to monitoring,
sampling and chemical analyses made by or on behalf of a discharger in
connection with its discharge. All records which pertain to matters which are the
subject of administrative adjustment or any other enforcement or litigation
activities brought by the Authority pursuant hereto shall be retained and
preserved by the discharger until all enforcement activities have concluded and
all periods of limitation with respect to any and all appeals have expired.
C. COSTS OF ADMINISTERING PROGRAM
The Authority may make such charges, known as monitoring and pretreatment
charges, as are reasonable for services rendered in administering the programs
outlined in this ordinance. Such charges may include, but are not limited to:
1. permitting industrial facilities;
2. inspection;
3. sample analysis;
4. monitoring; and
5. enforcement.
D. RIGHT OF REVISION
The Authority reserves the right to amend this ordinance to provide for more or
less stringent limitations or requirements on discharges to the sanitary sewer or
POTW where deemed necessary to comply with the objectives set forth in
Section II of this ordinance.
E. PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS
The Authority shall annually publish in the largest local daily newspaper a list of
users that have significantly violated federal pretreatment requirements during
the previous 12 months. Definition of significant violation shall be the definitions
listed in 40 CFR Part 403.8 (f) (2) (vii), and in the POTWs NPDES permit.
SECTION VIII - CUMULATIVE CLAUSE
That this Ordinance shall repeal every prior Ordinance and provision of the North
Richland Hills City Code in conflict herewith but only insofar as any portion of such prior
Ordinance or provision shall be in conflict, and as to all other Ordinances or provisions
of the North Richland Hills City Code not in direct conflict herewith, this Ordinance shall
be and is hereby made cumulative. Ordinance numbers 1773 and 2687 are hereby
repealed.
Industrial Wastewater Ordinance No. 2706
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SECTION IX - REMEDIES
That all rights or remedies of the City of North Richland Hills, Texas, are expressly
saved as to any and all violations of the North Richland Hills City Code, as amended,
which have accrued at the time of the effective date of this Ordinance; and as to such
accrued violations, the Court shall have all of the powers that existed prior to the
effective date of this Ordinance.
SECTION X - SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION XI - FINES
That the violation of any provision of this Ordinance or of the North Richland Hills City
Code relating to sewer service shall be deemed an offense is punishable by a fine not
exceeding Two Thousand Dollars ($2,000) for each violation per day. Civil penalties of
up to $5,000 per day, may be assessed for any violation relating to point source effluent
limitations or the discharge of a pollutant other than from a non-point source, pursuant
to Section 54.017, Texas Local Government Code.
Industrial Wastewater Ordinance No. 2706
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SECTION XII - EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its date of passag e and
publication as provided by law.
PASSED AND APPROVED this the 12th day of May, 2003.
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Patricia Hutson, èity Secretary
APPROVED AS TO FORM AND LEGALITY:
APPROVED AS TO CONTENT:
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Mi~ Curtis, P.E., Public Works Director
Industrial Wastewater Ordinance No. 2706
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INDEX
abnormal sewage............................................................................................. 1
act.................................................................................................. 1-5, 9, 12, 27
administrative adjustment............. ............................... ................... ..........25, 28
authorized representative.......................................1-3, 7,16,17,19,22-24,26
biochemical oxygen demand........................................................................ 1, 2
bypass. ... ... .. . . . . . . .. . . . . . . . ... .. . . . .., .. . . . . . .. . ... . . . . .. . .. . . . . . . . . ... . . . . . ... . . . . . . . .. . . . ... . .. 2, 7, 16, 17
categorical pretreatment standards ...................2, 3, 7, 9, 10, 15, 20-24, 30, 35
code of federal regulations .........................................................................2, 14
composite sample.......................................................................................... 3-4
concrete............ ............. ............. ............................... .......... ............. ..... ......... 11
cooling water.......................................................................................... 3, 5, 10
Director ..................................................................................1-3, 10, 17,29,34
downspouts................... ........ ....................... ............................................ ...... 10
flammable....................................................................................................... 11
flow proportional composite sample................................................................. 3
fountains......................................................................................................... 10
garbage ................................................................................................. 3,6, 11
gasoline.......................................................................................................... 11
grab sample...................................................................................... 3, 4, 12, 25
grease................................................................................................. 11, 13, 25
groundwater.................................................................................................... 10
industrial waste..................................................................... 1 ,4,6,7,9, 19,27
lawn sprays..................................................................................................... 10
maximum daily average.................................................................................... 4
maximum grab............................................................................................ 4, 13
milligram per liter.............................................................................................. 4
new source....................................................................................................... 5
NPDES ...............................................................................3,4, 6, 9, 12, 33, 36
occupant....................................................................................................... 3, 6
operation and maintenance.................................................................. 6, 19, 23
other wastes......................................................................................... 6, 12, 14
owner...............................................................3, 5, 6, 16,20-22,27,29, 30, 34
pass through............................................................................... 6, 9, 10, 14, 32
person ...................................................1, 2, 6, 9,10,11,13,16,26,29,32-35
pH................................................. 5-9,11,13,14,16-18,24-26,30,34,35,37
ponds.............................................................................................................. 10
pools... ..... .......... ............. ... .......... ..... .................................... ....................... ... 12
Public Works Utility Superintendent........................................................... 7, 19
roof runoff....................................................................................................... 10
sewage ..........................................................................1,4,6-9, 13, 18,28,29
significant industrial user ................................................................ 7, 14, 18,27
SI U ................................................................................................................... 7
slug load........................................................................................................... 7
standard methods............................................................................................. 8
storm drain...................................................................................................... 10
storm water................................................................................................. 8, 10
substantial danger ................ ............... ... .......... ... ..... .......... ..... ................. 33, 34
subsurface drainage....................................................................................... 10
Industrial Wastewater Ordinance No. 2706
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temperature ........................................................................................11, 14,25
time proportional composite sample.......... ....... ........... .......... ........ ............ .......3
total suspended solids.................................................................................. 1, 8
TPDES ......................................................................................................... 6, 8
TSS .............................................................................................................. 1, 8
upset........................................................................................................... 8, 34
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