OR 94-673 Pretreatment of wastewater AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 94673
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS BY
AMENDING CHAPTER 11; PROVIDING REGULATIONS FOR WATER
QUALITY IN THE CITY; DEFINING TERMS; REGULATING THE
DISCHARGE OF WASTE INTO THE SANITARY SEWER SYSTEM OF
THE CITY; PROVIDING FOR PRETREATMENT STANDARDS;
PROVIDING REGULATIONS FOR THE ACCEPTABLE DISCHARGE OF
HAZARDOUS METALS AND TOXIC MATERIALS; PROVIDING FOR THE
USE OF CERTAIN APPROVED STANDARD METHODS IN SAMPLING
INDUSTRIAL WASTE DISCHARGES; PROVIDING GENERAL SEWER
USE REQUIREMENTS; REQUIRING PRETREATMENT OF
WASTEWATER; ESTABLISHING ENFORCEMENT PROCEDURES;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That Chapter 11 of the Code of Ordinances of the City of Coppell, Texas, be,
and the same is hereby, amended to read as follows:
"CHAPTER 11 - INDUSTRIAL WASTE AND SEWER USE REGULATIONS
ARTICLE 11-1 GENERAL PROVISIONS
Sec. 11-1-1 PURPOSE AND POLICY
This ordinance sets forth uniform requirements for users of the Publicly Owned
Treatment Works for the City of Coppell and enables the City to comply with all applicable
State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et
seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403).
The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will interfere with its operation;
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B. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will pass through the Publicly Owned Treatment Works,
inadequately treated, into receiving waters, or otherwise be incompatible with
the Publicly Owned Treatment Works;
C. To protect both Publicly Owned Treatment Works personnel who may be
affected by wastewater and sludge in the course of their employment and the
general public;
D. To promote reuse and recycling of industrial wastewater and sludge from the
Publicly Owned Treatment Works;
E. To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the Publicly Owned Treatment Works; and
F. To enable the City and the Trinity River Authority to comply with its
National Pollutant Discharge Elimination System permit conditions, sludge
use and disposal requirements, and any other Federal or State laws to which
the Publicly Owned Treatment Works is subject.
This ordinance shall apply to all users of the Publicly Owned Treatment Works. The
ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes administrative review procedures;
requires user reporting; and provides for the setting of fees for the equitable distribution of
costs resulting from the program established herein.
See. 11-1-2 ADMINISTRATION
Except as otherwise provided herein, the Environmental Health Officer (Officer)
shall administer, implement, and enforce the provisions of this ordinance. Any powers
granted to or duties imposed upon the Officer may be delegated by Officer to other City
personnel.
Sec. 11-1-3 ABBREVIATIONS
The following abbreviations, when used in this ordinance, shall have the designated
meanings:
· BOD Biochemical Oxygen Demand
· CFR Code of Federal Regulations
· COD - Chemical Oxygen Demand
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· EPA U.S. Environmental Protection Agency
· gpd gallons per day
· mg/1 milligrams per liter
· NPDES National Pollutant Discharge Elimination System
· POTW Publicly Owned Treatment Works
· RCRA Resource Conservation and Recovery Act
· SIC Standard Industrial Classification
· SIU Significant Industrial User
· SWDA Solid Waste Disposal Act, 42 U.S.C. 6901. et seq.
· TRA Trinity River Authority
· TSS Total Suspended Solids
· TFO Total Toxic Organics
· U.S.C. United States Code
See. 11-1-4 DEFINITIONS
Unless a provision explicitly states otherwise, the following terms and phrases, as used
in this ordinance, shall have the meanings hereinafter designated.
Act or "the Act." The Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Approval Authority. The Regional Administrator of the EPA
Authorized Representative of the User.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making
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functions for the corporation; or
(b) The manager of one or more manufacturing, production, or
operation facilities employing more than two hundred fifty (250)
persons or having gross annual sales or expenditures exceeding
twenty-five (25) million dollars (in second-quarter 1980 dollars),
if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general panner or
proprietor, respectively.
(3) If the user is a Federal, State, or local govermnental facility: a
director or highest official appointed or designated to oversee the
operation and performance of the activities of the government facility,
or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may
designate another authorized representative if the authorization is in
writing, the authorization specifies the indMdual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted to
the City.
Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures
for five (5) days at 20° centigrade, usually expressed as a concentration (e.g.,
mg/1).
Building Sewer. The extension from the building drain to the public sewer or
other place of disposal (also called the house lateral and/or house
connection)
Categorical Pretreatment Standard or Categorical Standard. Any regulation
containing pollutant discharge limits promulgated by EPA in accordance with
Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a
specific category of users and which appear in 40 CFR Chapter I, Subchapter
N, Parts 405-471.
City. The City of Coppell, Texas or any authorized person acting in its behalf.
C.O.D. (Chemical Oxygen Demand). The measure of oxygen consuming
capacity of inorganic and organic matter present in the water or wastewater
expressed in mg/1 as the amount of oxygen consumed from the chemical
oxidant in a specific test, but not differentiating between stable and unstable
organic matter and thus not necessarily correlating with biochemical oxygen
demand.
Composite Sample. A sample that is collected over time, formed either by
continuous sampling or by mixing discrete samples. The sample may be
composited either as a time composite sample: composed of discrete sample
aliquots collected at constant time intervals providing a representative sample
irrespective of stream flow; or as a flow proportional composite sample:
collected either as a constant sample volume at time intervals proportional to
flow, or collected by increasing the volume of each aliquot as the flow
increases while maintaining a constant time interval between the aliquots.
Control Authority. Trinity River Authority of Texas
Control Manhole. A manhole giving access to a building sewer at some point
before the building sewer discharge mLxes with other discharges in the public
sewer.
Control Point. The point of access to a course of discharge before the
discharge mixes with other discharges in the public sewer.
Direct Discharge. The discharge of treated or untreated wastewater directly
to the waters of the State of Texas.
Environmental Health Officer (Officer). The Environmental Health Officer
of the City of Coppell, the Environmental Health Officer's designated
representative, or the person conducting those activities usually assigned to
that office.
Environmental Protection Agency or EPA. The U.S. Environmental
Protection Agency or, where appropriate, the Regional Water Management
Division Director, or other duly authorized official of said agency.
Existing Source. Any source of discharge, the construction or operation of
which commenced prior to the publication by 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.
Grab Sample. A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed fifteen
(15) minutes.
Indirect Discharge or Discharge. The introduction of pollutants into the
POTW from any nondomestic source regulated under Section 307(b), (c), or
(d) of the Act.
Industrial User. An industry that discharges wastewater into the wastewater
system.
Industrial Waste Charge. A financial assessment made on those persons who
discharge industrial wastes into the City's sewerage system.
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 composited sample collected, independent
of the industrial flow rate and the duration of the sampling event.
Interference. A discharge, which alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal; and therefore,
is a cause of a violation of the City's NPDES permit or of the prevention of
sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued thereunder, or any more
stringent State or local regulations: Section 405 of the Act; the Solid Waste
Disposal Act, including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); any State regulations contained in
any State sludge management plan prepared pursuant to Subtitle D of the
Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.
Medical Waste. Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Milligrams Per Liter (mg/1). Shall mean the same as parts per million and
is a weight-to-volume ratio; the milligrams-per-liter value multiplied by the
factor 8.34 shall be equivalent to pounds per million gallons of water.
National Pollution Discharge Elimination System or NPDES Permit. A
permit issued pursuant to Section 402 of the Act. (33 U.S.C. § 1342)
National Prohibited Discharge Standard or Prohibited Discharge Standard.
Any regulation developed under the authority of Section 307(b) of the Act
and 40 CFR, Section 403.5.
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Natural Outlet. Any outlet into a watercourse, ditch, lake, or other body of
surface water or groundwater.
New Source.
(1) Any building, structure, facility, or installation from which there is (or
may be) a discharge of pollutants, the construction of which
commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
(a) The building, structure, facility, or installation is constructed at
a site at which no other source is located; or
(b) The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge
of pollutants at an existing source; or
(c) The production or wastewater generating processes of the
building, structure, facility, or installation are substantially
independent of an existing source at the same site. In
determining whether these are substantially independent, factors
such as the extent to which the new facility is integrated with
the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing
source, should be considered.
(2) 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 Section (1)(b) or (c) above but otherwise alters, replaces, or
adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site
construction program
(i) any placement, assembly, or installation of
facilities or equipment; or
(ii) significant site preparation work including
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clearing, excavation, or removal of existing
buildings, structures, or facilities which is
necessary for the placement, assembly, or
installation of new source facilities or equipment;
or
(b) Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its
operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and
design studies do not constitute a contractual obligation under
this paragraph.
Noncontact Cooling Water. Water used for cooling which does not come into
direct contact with any raw material, intermediate product, waste product, or
finished product.
Normal Wastewater. Wastewater which the average concentration of
suspended solids and five-day BOD does not exceed 250 mg/1 each.
Overload. The imposition of organic or hydraulic loading on a treatment
facility in excess of its engineered design capacity.
Pass Through. A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the City's NPDES permit, including an increase in the
magnitude or duration of a violation.
Permit to Discharge Industrial Wastewater or Permit. A document issued to
a specific user expressing the terms and conditions whereby an Industrial User
is authorized to discharge industrial wastewater to the sanitary sewer system.
Person. Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives, agents, or
assigns. This definition includes all Federal, State, and local governmental
entities.
P__h. A measure of the acidity or alkalinity of a solution, expressed in standard
units.
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Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, municipal, agricultural and industrial
wastes, and certain characteristics of wastewater (e.g., Ph, temperature, TSS,
turbidity, color, BOD, COD, toxicity, or odor).
Pollution. The man-made or man-induced alteration of the chemical,
physical, biological, and radiological integrity of water.
Pretreatment. The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater
prior to, or in lieu of, introducing such pollutants into the POTW. This
reduction or alteration can be obtained by physical, chemical, or biological
processes; by process changes; or by other means, except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment
standard.
Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment imposed on a user, other than a pretreatment
standard.
Pretreatment Standards or Standards. Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards, and local
limits.
Prohibited Discharge Standards or Prohibited Discharges. Absolute
prohibitions against the discharge of certain substances; these prohibitions
appear in Article 11-2-2 of this ordinance.
Publicly Owned Treatment Works or POTW. A 'treatment works,~ as
defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the
City. This definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial wastes
of a liquid nature and any conveyances which convey wastewater to a
treatment plant.
Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
Sanitary Sewer. A public sewer that conveys domestic wastewater or
industrial wastes or a combination of both, and into which storm water,
surface water, groundwater, and other unpolluted wastes are not intentionally
passed.
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Sewage. Human excrement and gray water (household showers, dishwashing
operations, etc.).
Shall is mandatory; may is permissive or directory.
Significant. For the purposes of this Chapter, significant shall mean a change
or deviation of twenty percent (20%) or more.
Significant Industrial User.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up five (5)
percent or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant; or
(c) Is designated as such by the City on the basis that it has a
reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or
requirement.
(d) Is defined as subject to national categorical pretreatment
standards by the United States E.P.A.
(3) Upon a finding that a user meeting the criteria in Subsection (2) has
no reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement, the City
may at any time, on its own initiative or in response to a petition
received from a user, and in accordance with procedures in 40 CFR
403.8(f)(6), determine that such user should not be considered a
significant industrial user.
Slug Load or Slug. Any discharge at a flow rate or concentration which could
cause a violation of the prohibited discharge standards in Article 11-2-2 of this
ordinance.
Standard Industrial Classification (SIC) Code. Aclassification pursuant to the
Standard Industrial Classification Manual issued by the United States Office
of Management and Budget.
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State. The State of Texas
Storm Sewer. A public sewer which carries storm, ground, and surface waters
and drainage, and into which domestic wastewater or industrial wastes are not
intentionally passed.
Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
Superintendent. The Water and Wastewater Superintendent of the City of
Coppell, the Superintendent's designated representative, or the person
conducting those activities usually assigned or designated to that office.
Suspended Solids. The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which is removable
by laboratory filtering.
Total Toxic Organics. The sum of the masses or concentration of specific
toxic organic compounds found in industrial users' discharge at a
concentration greater than 0.01 mg/1.
Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of the CWA, Section 307(a) or other
acts.
Trap. A device designed to skim, settle, or otherwise remove grease, oil,
sand, flammable wastes or other harmful substances.
Trinity River Authority. A governmental agency of the State of Texas and a
body politic and corporate, created as a conservation and reclamation district
including, but not limited to, the authority to operate sewage gathering,
transmission and disposal service, to charge for such services, and to make
contracts in reference thereto with municipalities, including the City of
Coppell.
User or Industrial User. A source of indirect discharge.
Wastewater. Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which are contributed
to the POTW.
Wastewater Service Surcharge. The charge on all users of the public sewer
system whose wastes exceed in strength the concentration values established
as representative of normal wastewater. The charge is calculated on a per
unit/volume basis.
Wastewater System. Includes all facilities for collection, pumping, treating,
and disposing of wastewater and industrial wastes.
Wastewater Treatment Plant or Treatment Plant. That portion of the POTW
which is designed to provide treatment of municipal sewage and industrial
waste.
Waters of the State. All streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the State or any portion thereof.
ARTICLE 11-2 - GENERAL SEWER USE REQUIREMENTS
Sec. 11-2-1 DISCHARGE REQUIREMENTS
A. All discharges shall conform to the requirements of this Chapter.
B. This Chapter shall take precedence over any terms or conditions of
agreements or contracts between the City and the users, including commercial,
industrial, special districts, or Federal agencies or installations, which are
inconsistent with this Chapter, and over the terms and conditions of any
previous ordinance which is inconsistent with this Chapter.
Sec. 11-2-2 PROHIBITED DISCHARGE STANDARDS
A. General Prohibitions. 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.
B. Specific Prohibitions. No user shall introduce or cause to be introduced into
the POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed-cup flashpoint
of less than 140° F (60° C) using the test methods specified in 40 CFR
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261.21;
(2) Wastewater having a Ph less than 5.0 or more than 11.0, or otherwise
causing corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of
the flow in the POTW resulting in interference, blockage, or damage
to the POTW.
(4) Pollutants, 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;
(5) Wastewater having a temperature greater than 150° F (65° C), or which
will inhibit biological activity in the treatment plant resulting in
interference, but in no case wastewater which causes the temperature
at the introduction into the treatment plant to exceed 104° F (40° C);
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through;
(7) 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;
(8) Trucked or hauled pollutants, except at discharge points designated by
the Officer and the Control Authority in accordance with Section 11-3-
4 and 11-5-3(E) of this ordinance;
(9) 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 or repair;
(10) Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating the applicable NPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State or Federal regulations;
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(12) Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, noncontact cooling water, and unpolluted wastewater,
unless specifically authorized by the Officer and the Control Authority;
(13) Sludges, screenings, or other residues from the pretreatment of
industrial wastes;
(14) Medical wastes, except as specifically authorized by the Officer and/or
the Control Authority in a wastewater discharge permit;
(15) Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fall a toxicity test;
(16) Detergents, surface-active agents, or other substances which may cause
excessive foaming in the POTW;
(17) Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 200 mg/1;
(18) A discharge of water, normal domestic wastewater, or industrial waste
that which in quantity of flow exceeds, for a duration of longer than
fifteen minutes, more than four times the average twenty four hour
flow during normal operations;
(19) Insecticides and herbicides in concentrations that are not amenable to
treatment;
(20) Polychlorinated biphenyls;
(21) Garbage that is not properly shredded to such an extent that all
particles will be carried freely under the flow conditions normally
prevailing in wastewater maim, with no particle having greater than
one-half (1/2") inch cross-sectional dimension;
(22) Wastewater or industrial waste generated or produced outside the City,
unless approval in writing from the Officer and the Control Authority
has been given to the person discharging the waste; or,
(23) Without the approval of the Officer and the Control Authority, a
substance or pollutant other than industrial waste, normal domestic
wastewater, septic tank waste or chemical toilet waste that is of a toxic
or hazardous nature, regardless of whether or not it is amenable to
treatment, including but not limited to bulk or packaged chemical
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products.
Pollutants, substances, or wastewater prohibited by this section shall not be processed
or stored in such a manner that they could be discharged to the POTW.
Sec. 11-2-3 NATIONAL CATEGORICAL PRETREATMENT STANDARDS
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N,
Parts 405-471 are hereby incorporated.
A. Where a categorical pretreatment standard is expressed only in terms of either
the mass or the concentration of a pollutant in wastewater, the Officer 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 Officer shall impose an
alternate limit using the combined wastestream 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 403.15.
Sec. 11-2-4 Reserved for future use.
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 instantaneous maximum allowable discharge limits:
0.5 mg/1 arsenic
2.0 mg/1 barium
1.0 mg/1 boron
0.3 mg/1 cadmium
250 mg/1 chlorides
4.0 mg/1 chromium
3.0 mg/1 copper
1.0 mg/1 cyanide
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2.0 mg/l lead
1.0 rag/1 magnesium
0.01 rag/1 mercury
1.0 rag/1 molybdenum
5.0 mg/1 nickel
200 rag/1 oil and grease
0.02 rag/1 selenium
0.3 rag/1 silver
5.0 rag/1 zinc
2.13 rag/1 TYO
fluoride other than that contained in the public water supply
The above limits apply at the point where the wastewater is discharged to the POTW.
All concentrations for metallic substances are for "total" metal unless indicated otherwise.
The Officer and/or Control Authority may impose mass limitations in addition to, or in
place of, the concentration-based limitations above.
No other hazardous metals or toxic materials may be discharged into public sewers
without a permit from the City specifying conditions of pretreatment, concentrations,
volumes, and other applicable provisions.
See. 11-2-6 CITY OF COPPELL'S RIGHT OF REVISION
The City reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW.
Sec. 11-2-7 WASTEWATER TRAPS
A. Wastewater Discharges Requiring Traps
All persons discharging fats, oils, grease, sand, flammable wastes, or other
harmful substances in amounts that exceed normal wastewater discharge, and
in the evaluation of the Officer, will impede or stop the flow in the sewage
system, shall install a trap before the point of discharge into the sewage
system. Any person responsible for discharges requiring a trap shall, at his
own expense and as required by the City:
1. Provide equipment and facilities of a type and capacity approved by
the City and in accordance with City plumbing inspection requirements
and current Uniform Plumbing Code requirements;
2. Locate the trap in a manner that provides ready and easy accessibility
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for cleaning and inspection;
3. Maintain the trap in an effective operating condition; and
4. Provide a sample "WAD" (Wastewater Access Device) with a minimum
diameter of 15 inches.
B. Maintenance of Grease Traps
All persons required to install a grease trap shall perform the necessary
maintenance to allow the proper operation of the trap. Types of maintenance
shall include, but are not limited to, the following:
1. Regularly scheduled pumping or cleaning of the trap by a licensed
approved waste hauler a minimum of once every 12 months.
2. Regular inspection to insure proper operation.
3. Sample and test discharge from trap on at least an annual basis, or as
determined necessary by the Officer.
When a trap is cleaned and/or pumped out, the waste hauler providing this
service must be permitted by the City, refer to Article 11-5-3(E).
C. Sampling and Test Requirements for Grease and Sand Traps
1. All persons required to install and utilize grease or sand traps shall be
required on an annual basis to pay a sampling and testing fee for each
trap owned plus a 10% administrative charge. The amount of such fee
shall be set in the City's Comprehensive Fee Ordinance. The purpose
of the fee is to cover the cost of sampling and testing the discharge
from the trap. The City or its designee will take all samples and
submit to a lab for analysis.
2. If at any time a trap is found to exceed the requirements of this
Chapter, the Officer shall require the user to correct the problem.
Then the trap shall be tested again to ensure compliance. If
compliance measures are not met, the Officer may take enforcement
action if necessary against the user to have the problem corrected.
3. Any cost, including but not limited to costs that the City may incur in
cleaning public sewers when discharges from non-compliant traps
impede the flow in the sanitary sewer system shall be charged to the
user.
17 AGG~CA6
Sec. 11-2-8 COMPLIANCE WITH EXISTING AUTHORITY
A. Unless authorized by the Texas Natural Resource Conservation Commission
(TNRCC), no person shall deposit or discharge any waste on public or private
property into or adjacent to any:
1. Natural Outlet
2. Watercourse
3. Storm Sewer
4. Any other area within the jurisdiction of the City of Coppell
B. The Approving Authority shall verify prior to discharge that wastes authorized
to be discharged will receive suitable treatment within the Provisions of Law,
Ordinances, Rules and Orders of Federal, State, and Local Governments.
Sec. 11-2-9 DILUTION
No user shall ever increase the use of process water, or in any way attempt to dilute
a discharge, as a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Officer and/or Control Authority may impose
mass limitations on users who are using dilution to meet applicable pretreatment standards
or requirements, or in other cases when the imposition of mass limitations is appropriate.
ARTICLE 11-3 - PRETREATMENT OF WASTEWATER
Sec. 11-3-1 PRETREATMENT FACILITIES
Users shall provide wastewater treatment as necessary to comply with this ordinance
and shall achieve compliance with all categorical pretreatment standards, local limits, and
the prohibitions set out in Article 1l-2-1 of this ordinance within the time limitations
specified by EPA, the State, the Control Authority, or the Officer, whichever is more
stringent. Any facilities necessary for compliance shall be provided, operated, and
maintained at the user's expense. Detailed plans describing such facilities and operating
procedures shall be submitted to the Officer for review, and shall be acceptable to the
Officer before such facilities are constructed. The review of such plans and operating
procedures shall in no way relieve the user from the responsibility of modifying such
facilities as necessary to produce a discharge acceptable to the City under the provisions of
this ordinance.
lg AOG05CA5
Sec. 11-3-2 ADDITIONAL PRETREATMENT MEASURES
A. Whenever deemed necessary, the Officer may require users to restrict their
discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, and
such other conditions as may be necessary to protect the POTW and
determine the user's compliance with the requirements of this ordinance.
B. The Officer may require any person discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage and flow-
control facility to ensure equalization of flow. A wastewater discharge permit
may be issued solely for flow equalization.
C. Grease, oil, and sand/grit interceptors shall be provided when, in the opinion
of the Officer, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil, or sand; except that such
interceptors shall not be required for residential users. All interception units
shall be of type and capacity approved by the Officer and shall be so located
to be easily accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly, as needed, by the user at their
expense.
D. Users with the potential to discharge flammable substances may be required
to install and maintain an approved combustible gas detection meter.
See. 11-3-3 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS
At least once every two (2) years, the Officer and/or Control Authority shall evaluate
whether each significant industrial user needs an accidental discharge/slug control plan.
The Officer and/or Control Authority may require any user to develop, submit for approval,
and implement such a plan. Alternatively, the Officer and/or Control Authority may
develop such a plan for any user. An accidental discharge/slug control plan shall address,
at a minimum, the following:
A. Description of discharge practices, including non-routine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Officer and Control Authority of any
accidental or slug discharge, as required by Article 11-6-6 of this ordinance;
and
19 AGG05CA6
D. 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.
See. 11-3-4 HAlTLED WASTEWATER
A. Septage waste may be introduced into the POTW only at locations designated
by the Superintendent and Control Authority, and at such times as are
established by the Superintendent and Control Authority. Such waste shall
not violate Article 11-2 of this ordinance or any other requirements
established by the City. The Superintendent and/or Control Authority may
require septic tank waste haulers to obtain wastewater discharge permits.
B. Septage waste haulers must provide a waste-tracking form for every load.
This form shall include, at a minimum, the name and address of the waste
hauler, permit number, truck identification, names and addresses of sources
of waste, and volume and characteristics of waste. The form shall identify the
type of generator, known or suspected waste constituents, and whether any
wastes are RCRA (Resource Conservation Recovery Act) hazardous wastes.
ARTICLE 11-4 - WASTEWATER DISCHARGE PERMIT APPLICATION
Sec. 11-4-1 WASTEWATER ANALYSIS
When requested by the Officer and/or Control Authority, a user must submit
information on the nature and characteristics of its wastewater within ten (10) days of the
request. The Officer and/or Control Authority is authorized to prepare a form for this
purpose and may periodically require users to update this information.
Sec. 11-4-2 WASTEWATER DISCHARGE PERMIT REQUIREMENT
A. No significant industrial user shall discharge wastewater into the POTW
without first obtaining a wastewater discharge permit from the Officer, except
that a significant industrial user that has filed a timely application pursuant
to Article 11-4-3 of this ordinance may continue to discharge for the time
period specified therein.
B. The Officer may require other users to obtain wastewater discharge permits
as necessary to carry out the purposes of this ordinance.
20 ~oo~c~
C. Any violation of the terms and conditions of a wastewater discharge permit
shall be deemed a violation of this ordinance and subjects the wastewater
discharge permittee to the sanctions set out in Articles 11-10 through 11-12
of this ordinance. Obtaining a wastewater discharge permit does not relieve
a permittee of its obligation to comply with all Federal and State
pretreatment standards or requirements or with any other requirements of
Federal, State, and local law.
See. 11-4-3 WASTEWATER DISCHARGE PERMITrING:
EXISTING CONNECTIONS
Any user required to obtain a wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of this ordinance and who wishes to
continue such discharges in the future, shall, within sixty (60) days after said date, apply to
the Officer for a wastewater discharge permit in accordance with Article 11-4-5 of this
ordinance, and shall not cause or allow discharges to the POTW to continue after sixty (60)
days of the effective date of this ordinance except in accordance with a wastewater discharge
permit issued by the Officer.
Sec. 11-4-4 WASTEWATER DISCHARGE PERMITrING: NEW CONNECTIONS
Any user required to obtain a wastewater discharge permit who proposes to begin
or recommence discharging into the POTW must obtain such permit prior to the beginning
or recommencing of such discharge. An application for this wastewater discharge permit,
in accordance with Article 11-4-5 of this ordinance, must be filed at least sixty (60) days
prior to the date upon which any discharge will begin or recommence.
Sec. 11-4-5 WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS
All users required to obtain a wastewater discharge permit must submit a permit
application. The Officer may require all users to submit as part of an application the
following information:
A. All information required by Article ll-6-1(B) of this ordinance;
B. Description of activities, facilities, and plant processes on the premises,
including a list of all raw materials and chemicals used or stored at the facility
which are, or could accidentally or intentionally be, discharged to the POTW;
C. Number and type of employees, hours of operation, and proposed or actual
hours of operation;
D. Each product produced by type, amount, process or processes, and rate of
production;
21
E. Type and amount of raw materials processed (average and maximum per
day);
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 discharges; and
H. Any other information as may be deemed necessary by the Officer to evaluate
the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user
for revision.
Sec. 11-4-6 APPLICATION SIGNATORIES AND CERTIFICATION
All wastewater discharge permit applications and user reports must be signed by an
authorized representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
Sec. 11-4-7 WASTEWATER DISCHARGE PERMIT DECISIONS
The Officer will evaluate the data furnished by the user and may require additional
information. Within thirty (30) days of receipt of a complete wastewater discharge permit
application, the Officer will determine whether or not to issue a wastewater discharge
permit. The Officer may deny any application for a wastewater discharge permit.
ARTICLE 11-5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
Sec. 11-5-1 WASTEWATER DISCHARGE PERMIT DURATION
A wastewater discharge permit shall be issued for a specified time period, not to
exceed five (5) years from the effective date of the permit. A wastewater discharge permit
22 AO0~C46
may be issued for a period less than five (5) years, at the discretion of the Officer. Each
wastewater discharge permit will indicate a specific date upon which it will expire.
Sec. 11-5-2 WASTEWATER DISCHARGE PERMIT CONTENTS
A wastewater discharge permit shall include such conditions as are deemed
reasonably necessary by the Officer to prevent pass through or interference, protect the
quality of the water body receiving the treatment plant's effluent, protect worker health and
safety, facilitate sludge management and disposal, and protect against damage to the POTW.
A. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which
in no event shall exceed five (5) years;
(2) A statement that the wastewater discharge permit is nontransferable
without prior notification to the City in accordance with Section 11-5-6
of this ordinance, and provisions for furnishing the new owner or
operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable pretreatment standards;
(4) Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency, and
sample type based on Federal, State, and local law; and
(5) A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements, and any applicable
compliance schedule. Such schedule may not extend the time for
compliance beyond that required by applicable Federal, State, or local
law.
B. Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(2) 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;
23 AGG05C46
(3) 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;
(4) Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(7) 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
(8) Other conditions as deemed appropriate by the Officer to ensure
compliance with this ordinance, and State and Federal laws, rules, and
regulations.
Sec. 11-5-3 CLASSIFICATION OF DISCHARGES AND PERMITS
A. All non-domestic users which discharge into the sanitary sewer system of the
City shall be grouped according to the following definitions:
Group I - Significant Industrial User.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up five (5)
percent or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant; or
24 AOC,0SC46
(c) Is designated as such by the City on the basis that it has a
reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or
requirement.
(d) Is defined as subject to national categorical pretreatment
standards by the United States E.P.A.
(3) Upon a finding that a user meeting the criteria in Subsection (2) has
no reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement, the City
may at any time, on its own initiative or in response to a petition
received from a user, and in accordance with procedures in 40 CFR
403.8(f)(6), determine that such user should not be considered a
significant industrial user.
Group II - Industrial User
Commercial users, such as car washes, printers and photographic developers,
which can be classed according to the character of their wastewater, and
which may discharge regulated pollutants that have the potential to exceed the
requirements of this chapter.
Group III- Commercial Facilities and Small Industrial Users
Those facilities which do not have the potential to discharge a significant
amount of regulated pollutants on a regular basis.
Group IV - Waste Haulers
A. All Transporters of liquid industrial waste, trap cleaning, etc.
B. All Group I and Group II Dischargers shall submit a Wastewater Discharge
Permit Application to the Environmental Health Officer, prior to connecting
to the City's system. The application form shall be provided by the Division.
In the case of existing Dischargers who have not already complied with this
section, such Application must be submitted within 90 days of the effective
date of this Chapter.
C. No Group I or Group II user shall be permitted to discharge unless and until
a completed Wastewater Discharge Permit Application in accordance with
Subsection B above has been submitted.
25 AGG05C46
D. Group III Users, Industries:
The industrial waste discharged into the sanitary sewers by a Group III user
shall be subject to periodic inspection and sampling as often as may be
necessary by the City. Samples shall be collected in such a manner as to be
representative of the character and concentration of the waste discharged
under operational conditions. The laboratory methods used in the
examination of said waste shall be those set forth in 40 CFR 136. The
determination of the character and concentration of industrial waste shall be
made by the City at such times and on such schedules as may be established
by TRA. Should an owner or occupant discharging industrial waste to the
sanitary sewers desire a determination of the quality of such industrial waste
be made at some time other than that scheduled by the City, such a special
determination may be made by the City at the expense of the owner or
occupant discharging the wastes.
E. Group IV users:
Any waste hauler, hauling waste from any type of trap, septic tank, or waste
storage tank within the City shall apply for and obtain a permit prior to the
hauling of waste. Copies of all trip manifests shall be submitted to the
Environmental Health Officer within a two (2) week period after the waste
reaches its final destination.
F. The City will evaluate the completed Applications and data furnished by the
Discharger and may determine to what Group each Applicant will be
assigned. Within 30 days after evaluation of the application, a Wastewater
Permit shall be issued, subject to the terms and conditions specified herein
and the regulations of the Environmental Health Division.
G. 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 City's
determination that the applicant cannot meet the Pretreatment Standards
specified in this Chapter, it may be specify that additional pretreatment
operations will be required of the applicant.
See. 11-5-4 RESERVED.
Sec. 11-5-5 WASTEWATER DISCHARGE PERMIT MODIFICATION
The Officer may modify a wastewater discharge permit for good cause, including, but
not limited to, the following reasons:
26 AGG~C~
A. To incorporate any new or revised Federal, State, or local pretreatment
standards or requirements;
B. To address significant alterations or additions to the user's operation,
processes, or wastewater volume or character since the time of wastewater
discharge permit issuance;
C. A change in 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
POTW, POTW personnel, or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required reporting;
G. Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater discharge permit;
or
I. To reflect a transfer of the facility ownership or operation to a new owner or
operator.
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 at least sixty (60) days advance notice to the Officer and the Officer
approves the wastewater discharge permit transfer. The notice to the Officer 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 processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges fall responsibility for complying with the existing wastewater
discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void
as of the date of facility transfer.
27 ~oG~c4~
Sec. 11-5-7 WASTEWATER DISCHARGE PERMIT REVOCATION
The Officer and/or Control Authority may revoke a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
A. Failure to notify the Officer of significant changes to the wastewater prior to
the changed discharge;
B. Failure to provide prior notification to the Officer of changed conditions
pursuant to Section 11-6-5 of this ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
D. Falsifying self-monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the Officer timely access to the facility premises and
records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit
application;
L. Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
M. Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this ordinance.
Wastewater discharge permits shail be voidable upon cessation of operations or
transfer of business ownership. All wastewater discharge permits issued to a particular user
are void upon the issuance of a new wastewater discharge permit to that user.
28 AGG~C46
Sec. 11-5-8 WASTEWATER DISCHARGE PERMIT REISSUANCE
A user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit reissuance by submitting a complete permit application, in accordance with
Article 11-4-5 of this ordinance, a minimum of sixty (60) days prior to the expiration of the
user's existing wastewater discharge permit.
ARTICLE 11-6 - REPORTING REQUIREMENTS
Sec. 11-6-1 BASELINE MONITORING REPORTS
A. Within either one hundred eighty (180) days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a
category determination under 40 CFR 403.6(a)(4), whichever is later, existing
categorical users currently discharging to or scheduled to discharge to the
POTVq shall submit to the Officer a report which contains the information
listed in paragraph B, below. At least ninety (90) days prior to
commencement of their discharge, new sources, and sources that become
categorical users subsequent to the promulgation of an applicable categorical
standard, shall submit to the Officer a report which contains the information
listed in paragraph B, below. A new source shall report the method of
pretreatment it intends to use to meet applicable categorical standards. A
new source also shall give estimates of its anticipated flow and quantity of
pollutants to be discharged.
B. Users described above shall submit the information set forth below.
(1) Identifying Information. The name and address of the facility,
including the name of the operator and owner.
(2) Environmental Permits. A list of any environmental control permits
held by or for the facility.
(3) Description of Operations. A brief description of the nature, average
rate of production, and 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.
(4) 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 wastestream formula set out in 40 CFR 403.6(e).
29 Aoc, osc46
(5) Measurement of Pollutants.
(a) The categorical pretreatment standards applicable to each
regulated process.
(b) The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or
by the Officer, 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 Article 11-6-10 of this ordinance.
(c) Sampling must be performed in accordance with procedures set
out in Article 11-6-11 of this ordinance.
(6) 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.
(7) 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 Article 11-6-2 of this ordinance.
(8) Signature and Certification. All baseline monitoring reports must be
signed and certified in accordance with Article 11-4-6 of this ordinance.
See. 11-6-2 COMPLIANCE SCHEDULE PROGRESS REPORTS
The following conditions shall apply to the compliance schedule required by Article
11-6-1(B)(7) of this ordinance:
A. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the
applicable pretreatment standards (such events include, but are not limited to,
30 AG605C46
hiring an engineer, completing preliminary and final plans, executing contracts
for major components, commencing and completing construction, and
beginning and conducting routine operation);
B. No increment referred to above shall exceed nine (9) months;
C. The user shall submit a progress report to the Officer no later than fourteen
(14) days following each date in the schedule and the final date of compliance
including, as a minimum, whether or not it complied with the increment of
progress, the reason for any delay, and, if appropriate, the steps being taken
by the user to return to the established schedule; and
D. In no event shall more than nine (9) months elapse between such progress
reports to the Officer.
Sec. 11-6-3 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT
STANDARD DEADLINE
Within ninety (90) days following the date for final compliance with applicable
categorical pretreatment standards, or in the case of a new source following commencement
of the introduction of wastewater into the POTW, any user subject to such pretreatment
standards and requirements shall submit to the Officer a report containing the information
described in Article 11-6-1(B)(4-6) of this ordinance. For users subject to equivalent mass
or concentration limits established in accordance with the procedures in 40 CFR 403.6(c),
this report shall contain a reasonable measure of the user's long-term production rate. For
all other users subject to categorical pretreatment standards expressed in terms of allowable
pollutant discharge per unit of production (or other measure of operation), this report shall
include the user's actual production during the appropriate sampling period. All compliance
reports must be signed and certified in accordance with Article 11-4-6 of this ordinance.
Sec. 11-6-4 PERIODIC COMPLIANCE REPORTS
A. All significant industrial users shall, at a frequency determined by the Officer
but in no case less than twice per year (in June and December), submit a
report indicating the nature and concentration of pollutants in the discharge
which are limited by pretreatment standards and the measured or estimated
average and maximum daily flows for the reporting period. All periodic
compliance reports must be signed and certified in accordance with Article
11-4-6 of this ordinance.
B. All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all times. The
failure of a user to keep its monitoring facility in good working order shall not
31 AGG~CA6
be grounds for the user to claim that sample results are unrepresentative of
its discharge.
C. If a user subject to the reporting requirement in this section monitors any
pollutant more frequently than required by the Officer, using the procedures
prescribed in Article 11-6-11 of this ordinance, the results of this monitoring
shall be included in the report.
See. 11-6-5 REPORTS OF CHANGED CONDITIONS
Each user must notify the Officer of any planned significant changes to the user's
operations or system which might alter the nature, quality, or volume of its wastewater at
least thirty (30) days before the change.
A. The Officer 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 under Article 11-4-5 of this
ordinance.
B. The Officer may issue a wastewater discharge permit under Article 11-4-7 of
this ordinance or modify an existing wastewater discharge permit under
Article 11-5-5 of this ordinance in response to changed conditions or
anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but are not
limited to, flow increases of twenty percent 20% or greater, and the discharge
of any previously unreported pollutants.
Sec. 11-6-6 REPORTS OF POTENTIAL PROBLEMS
A. In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
batch discharge, or a slug load, that may cause potential problems for the
POTW, the user shall immediately telephone and notify the Officer at
(214)462-8495, and the Control Authority at (214)225-3462, of the incident.
This notification shall include the location of the discharge, type of waste,
concentration and volume, if known, and corrective actions taken by the user.
B. Within five (5) days following such discharge, the user shall, unless waived by
the Officer, submit a detailed written report describing the cause(s) of the
discharge and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense, loss,
damage, or other liability which may be incurred as a result of damage to the
POTW, natural resources, or any other damage to person or property; nor
32 AGG05C46
shall such notification relieve the user of any fines, penalties, or other liability
which may be imposed pursuant to this ordinance.
C. A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the event of a discharge
described in paragraph A, above. Employers shall ensure that all employees,
who may cause such a discharge to occur, are advised of the emergency
notification procedure.
Sec. 11-6-7 REPORTS FROM UNPERMITFED USERS
All users not required to obtain a wastewater discharge permit shall provide
appropriate reports to the Officer as the Officer may require.
Sec. 11-6-8 NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING
If sampling performed by a user indicates a violation, the user must notify the Officer
within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis to the Officer within
thirty (30) days after becoming aware of the violation. The user is not required to resample
if the Officer and/or Control Authority monitors at the user's facility at least once a month,
or if the Officer and/or Control Authority samples between the user's initial sampling and
when the user receives the results of this sampling.
Sec. 11-6-9 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE
A. Any user who commences the discharge of hazardous waste shall notify the
POTW, the EPA Regional Waste Management Division Director, and State
hazardous waste authorities, in writing, of any discharge into the POTW of a
substance which, if otherwise disposed of, would be a hazardous waste under
40 CFR Part 261. Such notification must include the name of the hazardous
waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and
the type of discharge (continuous, batch, or other). If the user discharges
more than one hundred (100) kilograms of such waste per calendar month to
the POTW, the notification also shall contain the following information to the
extent such information is known and readily available to the user: an
identification of the hazardous constituents contained in the wastes, an
estimation of the mass and concentration of such constituents in the
wastestream discharged during that calendar month, and an estimation of the
mass of constituents in the wastestream expected to be discharged during the
following twelve (12) months. All notifications must take place no later than
one hundred and eighty (180) days after the discharge commences. Any
notification under this paragraph need be submitted only once for each
hazardous waste discharged. However, notifications of changed conditions
33 AGO0SC46
must be submitted under Article 11-6-5 of this ordinance. The notification
requirement in this section does not apply to pollutants already reported by
users subject to categorical pretreatment standards under the self-monitoring
requirements of Articles 11-6-1, 11-6-3, and 11-6-4 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A, above, during
a calendar month in which they discharge no more than fifteen (15) kilograms
of hazardous wastes, unless the wastes are acute hazardous wastes as specified
in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15)
kilograms of non-acute hazardous wastes in a calendar month, or of any
quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and
261.33(e), requires a one-time notification. Subsequent months during which
the user discharges more than such quantities of any hazardous waste do not
require additional notification.
C. In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Officer, the EPA
Regional Waste Management Waste Division Director, and State hazardous
waste authorities of the discharge of such substance within ninety (90) days
of the effective date of such regulations.
D. In the case of any notification made under this section, the user shall certify
that it has a program in place to reduce the volume and toxicity of hazardous
wastes generated to the degree it has determined to be economically practical.
E. This provision does not create a right to discharge any substance not
otherwise permitted to be discharged by this ordinance, a permit issued
thereunder, or any applicable Federal or State law.
See. 11-6-10 ANALYTICAL REQUIREMENTS
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, sampling and analyses must be performed
in accordance with procedures approved by EPA.
Sec. 11-6-11 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 Officer and/or Control Authority
34 AGG~C46
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.
See. 11-6-12 TIMING
Written reports will be deemed to have been submitted on the date postmarked. For
reports which are not mailed, postage prepaid, into a mail facility serviced by the United
States Postal Service, the date of receipt of the report shall govern.
See. 11-6-13 RECORD KEEPING
Users subject to the reporting requirements of this ordinance shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this ordinance and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such
requirements. Records shall include the date, exact place, method, and time of sampling,
and the name of the person(s) taking the samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or methods used; and the results of such
analyses. These records shall remain available for a period of at least three (3) years. This
period shall be automatically extended for the duration of any litigation concerning the user
or the City, or where the user has been specifically notified of a longer retention period by
the Officer and/or Control Authority.
ARTICLE 11-7 - COMPLIANCE MONITORING
Sec. 11-7-1 RIGHT OF ENTRY: INSPECTION AND SAMPLING
The Officer and/or the Control Authority or their designated representative shall
have the right to enter the premises of any user to determine whether the user is complying
with all requirements of this ordinance and any wastewater discharge permit or order issued
hereunder. Users shall allow inspecting or sampling person ready access to all parts of the
premises for the purposes of inspection, sampling, records examination and copying, and the
performance of any additional duties.
A. Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation of
suitable identification, the Officer will be permitted to enter without delay for
the purposes of performing specific responsibilities.
B. The Officer and/or Control Authority shall have the right to set up on the
user's property, or require installation of, such devices as are necessary to
conduct sampling and/or metering of the user's operations. All sampling and
analysis performed by the Officer and/or Control Authority to monitor
compliance shall be at the expense of the industrial user.
C. The Officer and/or Control Authority may require the user to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the user at its own expense. All devices used to measure
wastewater flow and quality shall be calibrated, at a minimum, annually to
ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the facility
to be inspected and/or sampled shall be promptly removed by the user at the
written or verbal request of the Officer and/or Control Authority and shall
not be replaced. The costs of clearing such access shall be born by the user.
E. Unreasonable delays in allowing the inspecting or sampling person access to
the user's premises shall be a violation of this ordinance.
See. 11-7-2 SEARCH WARRANTS
If the Officer and/or Control Authority has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate probable cause to
believe that there may be a violation of this ordinance, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program of the City designed
to verify compliance with this ordinance or any permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the community, then the Officer
and/or Control Authority may seek issuance of a search warrant from an appropriate court.
ARTICLE 11-8 - CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from the
Officer's inspection and sampling activities, shall be available to the public without
restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction
of the Officer and/or Control Authority, that the release of such information would divulge
information, processes, or methods of production entitled to protection as trade secrets
under applicable State law. Any such request must be asserted at the time of submission
of the information or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions of a report which
36 ~oo~c46
might disclose trade secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request to governmental
agencies for uses related to the NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing the report. Wastewater
constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will
not be recognized as confidential information and will be available to the public without
restriction.
ARTICLE 11-9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Officer shall publish annually, in the largest daily newspaper published in the
municipality where the POTW is located, a list of the users which, during the previous
twelve (12) months, were in significant noncompliance with applicable pretreatment
standards and requirements. The term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of wastewater measurements taken
during a six- (6) month period exceed the daily maximum limit or average
limit for the same pollutant parameter by any amount;
B. Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of wastewater measurements taken for
each pollutant parameter during a six- (6) month period equals or exceeds the
product of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all
other pollutants except Ph);
C. Any other discharge violation that the Officer and/or Control Authority
believes has caused, alone or in combination with other discharges,
interference or pass through, including endangering the health of POTW
personnel or the general public;
D. Any discharge of pollutants that has caused imminent endangerment to the
public or to the environment, or has resulted in the Officer's or Control
Authority's exercise of its emergency authority to halt or prevent such a
discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or
enforcement order for starting construction, completing construction, or
attaining final compliance;
F. Failure to provide within thirty (30) days after the due date, any required
37 Aac, osc46
reports, including baseline monitoring reports, reports on compliance with
categorical pretreatment standard deadlines, periodic self-monitoring reports,
and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s) which the Officer and/or Control Authority determines
will adversely affect the operation or implementation of the local
pretreatment program.
ARTICLE 11-10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
Sec. 11-10-1 NOTIFICATION OF VIOLATION
When the Officer 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 Officer may serve upon that user a written Notice
of Violation. Within ten (10) days of the receipt of this notice, an explanation of the
violation and a plan for the satisfactory correction and prevention thereof, to include specific
required actions, shall be submitted by the user to the Officer. Submission of this plan in
no way relieves the user of liability for any violations occurring before or after receipt of the
Notice of Violation. Nothing in this section shall limit the authority of the Officer to take
any action, including emergency actions or any other enforcement action, without first
issuing a Notice of Violation.
See. 11-10-2 RESERVED
See. 11-10-3 SHOW CAUSE HEARING
The Officer may order a user which 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, to appear before the Officer and show cause
why the proposed enforcement action should not be taken. Notice shall be served on the
user specifying the time and place for the meeting, the proposed enforcement action, the
reasons for such action, and a request that the user show cause why the proposed
enforcement action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested) at least ten (10) days
prior to the hearing. Such notice may be served on any authorized representative of the
user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other
action against the user.
38 Aoo~c4~
Sec. 11-10-4 COMPLIANCE ORDERS
When the Officer 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 Officer may issue an order to the user
responsible for the discharge directing that the user come into compliance within a specified
time. If the user does not come into compliance within the time provided, sewer service
may be discontinued unless adequate treatment facilities, devices, or other related
appurtenances are installed and properly operated. Compliance orders also may contain
other requirements to address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants discharged to the
sewer. A compliance order may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance order relieve the user of
liability for any violation, including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other action against the user.
Sec. 11-10-5 CEASE AND DESIST ORDERS
When the Officer 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, or that the user's past violations are likely to recur,
the Officer may issue an order to the user directing it to cease and desist all such violations
and directing the user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
Sec. 11-10-6 RESERVED
Sec. 11-10-7 EMERGENCY SUSPENSIONS
The Officer or Control Authority may immediately suspend a user's discharge, after
informal notice to the user, whenever such suspension is necessary to stop an actual or
threatened discharge which reasonably appears to present or cause an imminent or
substantial endangermerit to the health or welfare of persons. The Officer and Control
Authority may also immediately suspend a user's discharge, after notice and opportunity to
respond, that threatens to interfere with the operation of the POTW, or which presents, or
may present, an endangerment to the environment.
39 AOO0SCA6
A. Any user notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a user's failure to immediately
comply voluntarily with the suspension order, the Officer or Control Authority
may take such steps as deemed necessary, including immediate severance of
the sewer connection, to prevent or minimize damage to the POTW, its
receiving stream, or endangerment to any individuals. The Officer or Control
Authority may allow the user to recommence its discharge when the user has
demonstrated to the satisfaction of the Officer or Control Authority that the
period of endangerment has passed, unless the termination proceedings in
Article 11-10-8 of this ordinance are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing
the causes of the harmful contribution and the measures taken to prevent any
future occurrence, to the Officer and the Control Authority prior to the date
of any show cause or termination hearing under Articles 11-10-3 or 11-10-8
of this ordinance.
Nothing in this article section shall be interpreted as requiring a hearing prior to any
emergency suspension under this article.
Sec. 11-10-8 TERMINATION OF DISCHARGE
In addition to the provisions in Article 11-5-7 of this ordinance, any user who violates
the following conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of
its discharge;
C. Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring, or sampling; or
E. Violation of the pretreatment standards in Article 11-2 of this ordinance.
Such user will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Article 11-10-3 of this ordinance why the proposed action
should not be taken. Exercise of this option by the Officer shall not be a bar to, or a
prerequisite for, taking any other action against the user.
40 AGG~C46
ARTICLE 11-11 - JUDICIAL ENFORCEMENT REMEDIES
Sec. 11-11-1 INJUNCTIVE RELIEF
When the Officer or Control 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 Officer may petition the
Court of competent jurisdiction through the City's 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 Officer may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
Sec. 11-11-2 C1VIL PENALTIES
A. A user who 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 shall be liable to the City for a
maximum civil penalty of One Thousand Dollars ($1,000.00) per violation, per
day. In the case of a monthly or other long-term average discharge limit,
penalties shall accrue for each day during the period of the violation.
B. The Officer may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the City.
C. In determining the amount of civil liability, the Court shall take into account
all relevant circumstances, including, but not limited to, the extent of harm
caused by the violation, the magnitude and duration of the violation, any
economic benefit gained through the user's violation, corrective actions by the
user, the compliance history of the user, and any other factor as justice
requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for,
taking any other action against a user.
Sec. 11-11-3 CRIMINAL PROSECUTION
A. A user who violates any provision of this ordinance, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or
requirement shall, upon conviction, be guilty of a misdemeanor, punishable
41 AGG05C46
by a fine of not more than Two Thousand Dollars ($2,000.00) per violation,
per day, or imprisonment as decided by an appropriate court, or both.
B. A user who introduces any substance into the POTW which causes personal
injury or property damage shall, upon conviction, be guilty of a misdemeanor
and be subject to the same penalties described in 11-11-3.A. of this
Ordinance. This penalty shall be in addition to any other cause of action for
personal injury or property damage available under State law.
C. A user who makes any false statements, representations, or certifications in
any application, record, report, plan, or other documentation filed, or required
to be maintained, pursuant to this ordinance, wastewater discharge permit, or
order issued hereunder, or who falsities, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this ordinance
shall, upon conviction, be subject to the same penalties described in ll-ll-3.A.
of this Ordinance.
D. CRIMINAL RESPONSIBILITY. A culpable mental state is not required to
prove an offense under this Ordinance. A person is criminally responsible for
a violation of this Ordinance if:
(1) the person commits or assists in the commission of a violation, or
causes or permits another person to commit a violation; or
(2) the person owns or manages the property or facilities determined to be
the cause of the illegal discharge under Article 11-2-1, 11-2-2, 11-2-4,
11-3-4, or 11-4-2.
Sec. 11-11-4 REMEDIES NONEXCLUSIVE
The remedies provided for in this ordinance are not exclusive. The Officer may take
any, all, or any combination of these actions against a noncompliant user. Enforcement of
pretreatment violations will generally be in accordance with the City's enforcement response
plan. However, the Officer may take other action against any user when the circumstances
warrant. Further, the Officer is empowered to take more than one enforcement action
against any noncompliant user.
Sec. 11-11-5 APPLICABILITY OF MORE STRINGENT REGULATIONS
If national pretreatment standards, categorical or otherwise, more stringent
than the discharge limits prescribed in this article are promulgated by the
United States Environmental Protection Agency for certain industries, the
more stringent national pretreatment standards will apply to the affected
industrial user. A violation of the more stringent national pretreatment
42
standards will also be considered a violation of this Ordinance.
B. Applicability of more stringent discharge limits. An industrial user within the
City who discharges industrial waste ultimately received and treated by
another governmental entity pursuant to a wholesale wastewater contract or
a reciprocal agreement with the City is subject to the following additional
rules:
(1) If the governmental entity has more stringent discharge limits than
those prescribed by this Ordinance, or by a discharge permit issued
hereunder, because the United States Environmental Protection
Agency requires the more stringent discharge limits as part of the
governmental entity's wastewater pretreatment program, the more
stringent discharge limits shall prevail.
(2) The Officer is authorized to issue a discharge permit to an industrial
user affected by Subsection (1), to insure notice of and compliance
with the more stringent discharge limits. If the industrial user already
has a discharge permit, the Officer may amend the permit to apply and
enforce the more stringent discharge limits. An industrial user shall
submit to the Officer an expected compliance date and an installation
schedule if the more stringent discharge limits necessitate technological
or mechanical adjustments to discharge facilities or plant processes.
(3) If the Officer chooses not to issue or amend a permit under Subsection
(2), the Officer shall notify the affected industrial user in writing of the
more stringent discharge limits and their effective date. Regardless of
whether or not a permit is issued or amended, an industrial user shall
be given a reasonable opportunity to comply with the more stringent
discharge limits.
(4) The more stringent discharge limits cease to apply upon termination
of the City's wholesale wastewater contract or reciprocal agreement
with the governmental entity, or upon modification or elimination of
the limits by the government entity or the United States Environmental
Protection Agency. The Officer shall take the appropriate action to
notify the affected industrial user of an occurrence under this
Subsection (4).
C. Variances in compliance dates. The Officer may grant a variance in
compliance dates to an industry when, in the Officer's opinion, such action is
necessary to achieve pretreatment or corrective measures. In no case shall
the Officer grant a variance in compliance dates to an industry affected by
national categorical pretreatment standards beyond the compliance dates
43 ~oo~c46
established by the United States Environmental Protection Agency.
D. Authority to regulate. The Officer may establish regulations, not in conflict
with this Ordinance or other laws, to control the disposal and discharge of
industrial waste into the wastewater system and to insure compliance with the
City's pretreatment enforcement program with all applicable pretreatment
regulations promulgated by the United States Environmental Protection
Agency. The regulations established shall, where applicable, be made part of
any discharge permit issued to an industrial user by the Officer.
ARTICLE 11-12 - RESERVED
ARTICLE 11-13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Sec. 11-13-1 UPSET
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 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 discharge and cause of
44 ~ooosc46
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. This requirement applies in the
situation where, among other things, the primary source of power of the
treatment facility is reduced, lost, or fails.
See. 11-13-2 RESERVED
Sec. 11-13-3 BYPASS
A. For the purposes of this section:
(1) "Bypass" means the intentional diversion of wastestreams from any
portion of a user's treatment facility.
(2) "Severe property damage" means 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 reasonably be expected to occur in the absence of
a bypass. Severe property damage does not mean economic loss
caused by delays in production.
B. A user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject to
the provision of paragraphs (C) and (D) of this section.
45 AGG05C46
C. (1) If a user knows in advance of the need for a bypass, it shall submit
prior notice to the Officer, at least ten (10) days before the date of the
bypass, if possible.
(2) A user shall submit oral notice to the Officer of an unanticipated
bypass that exceeds applicable pretreatment standards within twenty-
four (24) hours from the time it becomes aware of the bypass. A
written submission shall also be provided within five (5) days of the
time the user becomes aware of the bypass. The written submission
shall contain a description of the bypass and its cause; the duration of
the bypass, including exact dates and times, and, if the bypass has not
been corrected, the anticipated time it is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the bypass. The Officer may waive the written report on a case-by-
case basis if the oral report has been received within twenty-four (24)
hours.
D. (1) Bypass is prohibited, and the Officer may take an enforcement action
against a user for a bypass, unless
(a) Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate back-up
equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or
preventive maintenance; and
(c) The user submitted notices as required under paragraph (C) of
this section.
(2) The Officer may approve an anticipated bypass, after considering its
adverse effects, if the Officer determines that it will meet the three
conditions listed in paragraph (D)(1) of this section.
ARTICLE 11-14 - WASTEWATER TREATMENT RATES
[RESERVED]
46 A66~c,ul
ARTICLE 11-15 - MISCELLANEOUS PROVISIONS
Sec. 11-15-1 PRETREATMENT CHARGES AND FEES
A. Purpose
It is the purpose of this Chapter to provide for the recovery of costs from
Users of the City's wastewater disposal system for the implementation of the
program established herein. The amounts of such fees shall be determined
on a cost based on costs incurred by the activities listed below:
1. Fees for monitoring, sampling, inspections and surveillance activities.
2. Fees for reviewing accidental discharge procedures and construction.
3. Fees for permit application evaluation and permit issuance.
4. Fees for mitigation and/or cleanup of excessive wastewater discharge
creating problems on the collection system.
5. Surcharge fees imposed on the City by the POTW treatment plant for
excessive or prohibited discharges.
6. Other fees as the City may deem necessary to carry out the
requirements contained herein.
These fees relate solely to the matters covered by this Chapter and are
separate from all other fees chargeable by the City, to be specified in the City
Comprehensive Fee Chapter.
SECTION 2. That all provisions of the Code of Ordinances 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 3. An offense committed before the effective date of this ordinance is governed
by the prior law and the provisions of the Code of Ordinances, as amended in effect when
the offense was committed and the former law is continued in effect for this purpose.
SECTION 4. That should any word, phrase, paragraph, section or portion of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional,
the same shall not affect the validity of the remaining portions of said ordinance or of the
Code of Ordinances, as amended hereby, which shall remain in full force and effect.
47 Aoo05c~
SECTION 5. Any person, firm or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction shall be punished
by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each
offense, and each and every day such offense is continued shall constitute a new and
separate offense.
SECTION 6. That this ordinance shall become effective from and after its passage as the
law and charter in such cases provide.
DULYPASS~ED by the City Council of the City of Coppell, Texas, on the
day of (( c -CV~/(,: L, , 1994.
APPROVED:
CyOR("~~-
AITEST:
%/ .. ,.
Ch'Y SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATFORNEY
(PGS/djd 8/24/94)
48 AGG~C46