OR 2003-1028 TX Pollutant Discharge Elemination SystemAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2003-1028
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER
11, ARTICLE 11-1, SECTION 11-1-3, TO PROVIDE AN ABBREVIATION
FOR TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM AND
FOR TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; BY
AMENDING SECTION 11-1-4 TO DELETE THE DEFINITIONS FOR
APPROVAL AUTHORITY AND TOTAL TOXIC ORGANICS AND
REPLACE THE SAME WITH A NEW DEFINITIONS, AND BY
PROVIDING A DEFINITION FOR NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM; BY AMENDING 11-2-2 B(2) AND
(17); BY AMENDING SECTION 11-2-5, 1N PART, TO CHANGE THE
LANGUAGE ONLY; BY AMENDING 11-2-8 BY DELETING ALL
REFERENCES TO THE TNRCC AND REPLACING THE SAME WITH
THE TCEQ; AMENDING CHAPTER 11, SECTIONS 11-2 THROUGH 11-6
AND 11-9 THROUGH 11-11 BY DELETING ALL REFERENCES TO
CONTROL AUTHORITY; BY AMENDING SECTION 11-4-1 BY
DELETING TEN (10) DAY PROVISION; BY AMENDING SECTIONS 11-4-
3 AND 11-4-4 BY DELETING THE NINETY (90) DAY PROVISION; BY
AMENDING SECTION 11-4-7 BY DELETING THE THIRTY (30) DAY
PROVISION; BY AMENDING SECTION 11-5-3 (B) AND (F) TO AMEND
THE THIRTY (30) DAY PROVISION AND BY INCORPORATING THE
CURRENT (F) AND (G) INTO SUBSECTION (E); BY AMENDING
SECTION 11-5-6, AND SECTION 11-5-8 BY AMENDING THE SPECIFIED
NUMBER OF DAYS CONTAINED THEREIN; BY AMENDING SECTION
11-10-1 BY AMENDING THE PROVISION FOR TEN (10) DAYS; AND BY
AMENDING SECTION 11-13-1 BY DELETING THE UPSET PROVISION
AND REPLACING THE SAME WITH THE STATE'S ACT OF GOD
PROVISION; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 11, Article 11-1, Section 11-1-3, to provide an abbreviation
for Texas Pollutant Discharge Elimination System and for Texas Commission on Environmental
Quality, which shall read as follows:
"Sec. 11-1-3. Abbreviations.
· TCEQ - Texas Commission on Environmental Quality
· TPDES - Texas Pollutant Discharge Eliminations System
· TRA "
SECTION 2. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 11, Article 11-1, Section 11-1-4, in part, to read as follows:
"Sec. 11-1-4. Definitions.
Approval authority. The regional administrator of the EPA, or the director of a
State Agency delegated to act on the EPA's behalf with an approved pre-treatment
program (eg, Director of TCEQ).
National pollutant discharge efimination system or NPDES permit. Program of
the Environmental Protection Agency, and/or the permit 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).
Significant Industrial User ......
(2) A user that:
(a) .....
(b) .....
(c) .....
(3) .....
Total toxic organics. The sum of the 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 presented, to be
determined by the Officer, 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 Officer, where not stipulated."
SECTION 3. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 11, Article 11-2, in part, to read as follows:
"Sec. 11-2-2. Prohibited discharge standards.
B. Specific prohibitions. .....
(2) Wastewater having corrosive properties capable of causing damage or injury
to structures, equipment and/or personnel of the POTW, as per the specific
prohibition in the applicable local limits in Section 11-2-5. In no case shall
wastewater containing a pH of less than 5.0 be discharged unless the POTW
is specifically designed to accommodate such discharges.
(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater
that that specified in the applicable local limits in Section 11-2-5.
Sec. 11-2-5. Hazardous metals and toxic materials (local limits).
The following pollutant limits are established to protect against pass through and
interference. No person shall discharge or cause or permit to be discharged,
wastewater containing in excess of the following maximum allowable discharge
limits in the following system(s):
"TRA Central Regional Wastewater System
and are Instantaneous Maximum Limits"
0.2 mg 1 arsenic
O. 1 mg 1 cadmium
2.9 mg 1 chromium
2.3 mg 1 copper
0.5 mg 1 cyanide
0.9 mg 1 lead
O. 0004 mg 1 mercury
0.2 mg 1 molybdenum
4. 6 mg 1 nickel
0.1 mg 1 selenium
0.8 mg 1 silver
8. 0 mg 1 zinc
200 mg 1 oil and grease
2.13 mg 1 total toxic organics
5. 5 to 11.0 Standard units of pH
Sec. 11-2-8. Compliance with existing authority.
A. Unless authorized by the Texas Commission on Environmental Quality
(TCEQ), no person shall deposit or discharge any waste on public or private
property into or adjacent to any: .....
Sec. 11-2-9. Dilution.
..... The officer may impose mass limitations on users ..... "
SECTION 4. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 11, Article 11-3-3 by deleting all references to the "Control
Authority".
SECTION 5. That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-4, as follows:
"ARTICLE 11-4. WASTEWATER DISCHARGE PERMIT APPLICATION
Sec. 11-4-1. Wastewater analysis.
When requested by the Officer, a user must submit information on the nature
and characteristics of its wastewater by the deadline stipulated. The officer is
authorized to prepare ....
Sec. 11-4-2. Wastewater discharge permit requirement.
C. Any violation of the terms and conditions of wastewater.., discharge
permittee to the sanctions set out in articles 11-10 through 11-12 of this chapter .....
Sec. 11-4-3. Wastewater discharge permitting: existing connections.
Any user required to obtain a wastewater discharge permit.., in the future,
shall apply to the Officer for a wastewater discharge permit .....
Sec. 11-4-4. Wastewater discharge permitting: new connections.
..... An application for this wastewater discharge permit, in accordance
with section 11-4-5 of this chapter, must be filed prior to the date upon which any
discharge will begin or recommence.
Sec. 11-4-5. Wastewater discharge permit application contents.
Sec. 11-4-6. Application signatories and certification.
Sec. 11-4-7. Wastewater discharge permit decisions.
The officer will evaluate the data furnished by the user and may require
additional information. Within sixty (60) days of receipt of a complete wastewater
discharge permit application,. .... "
SECTION 6. That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-5, in part, to read as follows:
"Sec. 11-5-3. Classification of discharges and permits.
(2) A user that: (a) .....
(b) .....
(c) .....
(3) .....
B. All Group I dischargers shall ..... The application form shall be provided
by the Officer. In case of existing dischargers..., such application must be submitted
within the timeframe stipulated by the Environmental Health Officer.
D. Group II and Group III Users, Industries ..... The determination of the
character and concentration of industrial waste shall be made by the city. Should an
owner .....
E ...... The city will evaluate the completed applications and data furnished
by the discharger and may determine what group each applicant will be assigned.
Within sixty (60) days after evaluation of the application the application and payment of
a fee to be established by resolution of the city council, a waste hauler permit shall be
issued, subject to the terms and conditions specified herein and the regulations of the
environmental health division. If the application is denied, the applicant shall be
notified in writing within thirty (30) days of the reasons for such denial. If denial is
based on the city's determination that the applicant cannot meet the pretreatment
standards specified in this chapter, it may be specified that additional pretreatment
operations will be required of the applicant.
Sec. 11-5-4· Reserved
Sec. 11-5-5· Wastewater discharge permit modification·
Sec. 11-5-6· Wastewater discharge permit transfer·
Wastewater discharge permits may be transferred to a new owner or operator only if
the permittee gives advance notice .....
Sec. 11-5-7. Wastewater discharge permit revocation.
The officer may revoke a wastewater discharge permit .....
Sec. 11-5-8. Wastewater discharge permit reissuance.
·.. in accordance with section 11-4-5 of this chapter, prior to the expiration of the
user's existing wastewater discharge permit."
SECTION 7. That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-6, in part, to read as follows:
"Sec. 11-6-4. Periodic compliance reports.
C .... using the procedures prescribed in Articles
ordinance .....
11-6-10 and 11-6-11 of this
Sec. 11-6-8. Notice of violation/repeat sampling and reporting.
..... The user is not required to resample if the officer monitors at the user's facility at
least once a month, or if the officer samples between the user's initial sampling and when the
user receives the results of this sampling.
Sec. 11-6-11. Sample collection.
A ...... In the event flow proportional sampling is infeasible, the officer may authorize
the use of time proportional ..... "
SECTION 8. That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-7, in part, to read as follows:
"Sec. 11-7-1. Right of entry: inspection and sampling.
The officer and/or control authority, TCEQ, USEPA or their designated representatives
shall have the right to enter the premises of any user .....
A .... the officer, control authority, TCEQ, or USEPA will be permitted to enter
without delay for the purposes of performing specific responsibilities.
F. In accordance with 40 CFR 403,the City shall inspect and monitor each permitted
industrial user a minimum of once per year. If the City elects to perform compliance
monitoring for the industry then the City will monitor the industry a minimum of
semi-annually."
SECTION 9. That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-9, in part, to read as follows:
"Sec. 11-9-1. In general.
A.
B.
ph)
..... (1.4 B.O.D., TSS, fats, oils and grease, and 1.2 for all other pollutants except
H. Any other violation(s) which the officer determines will adversely ..... "
SECTION 10. That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Article 11-10, in part, to read as follows:
"Sec. 11-10-1. Notification of violation.
When the officer finds ..... Within the timeframe specified in the notice, which is
usually but not always, ten (10) days .....
Sec. 11-10-7. Emergency suspensions.
The officer may immediately suspend ..... The officer may also immediately suspend
a user's discharge,. ....
A ......The officer may allow the user to recommence its discharge when the user has
demonstrated to the satisfaction of the officer that the .....
B ...... to the officer prior to the date of any show cause or termination hearing under
sections 11-10-3 or 11-10-8 of this chapter."
SECTION 11. That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Section 11-11-1, by deleting all references to the
"Control Authority."
SECTION 12. That the Code of Ordinances of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 11, Section 11-13-1 by deleting in its entirety and
replacing with new provisions, to read as follows:
"Sec. 11-13-1 In an action brought in federal court only:
Upset Provision
A. For the purposes of this section, "upset" means an exceptional incident in which
there is unintentional and temporary noncompliance with categorical pretreatment standards
because of factors beyond the reasonable control of the user. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
B. An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements of paragraph (C),
below, are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman-like manner
and in compliance with applicable operation and maintenance procedures; and
(3)
The user has submitted the following information to the officer instead of [the DCO]
within twenty-four (24) hours of becoming aware of the upset, if this information is
provided orally, a written submission must be provided within five (5) days:
(a) A description of the indirect and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
D. In any enforcement proceeding, the user seeking to establish the occurrence of
an upset shall have the burden of proof.
E. Users will have the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for noncompliance with categorical pretreatment
standards.
F. Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical pretreatment standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of treatment is
provided. The requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
Sec. 13-2-2. In an action brought in municipal or state court only:
Act of God Provision.
A. An event that would otherwise be a violation that is caused solely by an act of God,
war, strike, riot, or other catastrophe is not a violation.
B. In any 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.
C. In the event that A. and B. above has been demonstrated the user shall control
production of all discharges to the extent necessary to maintain compliance with
pretreatment standards upon reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided."
SECTION 13. That all provisions of the ordinances and resolutions of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 14. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 15. That this Ordinance shall take effect immediately from and after its
passage and publication, as the law and charter is such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ day of
,2003.
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ATTEST:
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(JDD/cdb 02/14/03)
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