OR 95-698 Industrial waste & sewer use regulations & provide for fees AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 95698
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS BY
AMENDING CHAPTER 11, INDUSTRIAL WASTE AND SEWER USE
REGULATIONS, AND BY ADDING SUBSECTION 11-15-1B; PROVIDING
FOR FEES ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL;
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 DOIA,ARS
($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, in part, to read as follows:
"CHAPTER 11 - INDUSTRIAL WASTE AND SEWER USE REGULATIONS
ARTICLE 11-1 GENERAL PROVISIONS
See. 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 Wate~ 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;
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;
New materials in file text of ~lended provisions is set in italic type; material delet~ li'om tile text of amended
provisions is enclosed in [brackets] and set out in strikeout type.
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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 Jaws 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.
Sec. 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
EPA U.S. Environmental Protection Agency
gpd gallons per day
mg/1 milligrams per liter
NPDES National Pollutant Discharge Elimination System
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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
TTO Total Toxic Organics
U.S.C United States Code
Sec. 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.
Apl~roval 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 functions
for the corporation: or
(b) The mmmger 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.
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(2) If the user is a partnership or sole proprietorship: a general partner or
proprietor, respectively.
(3) If the user is a Federal, State, or local governmental 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 individual 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., rag/l).
Buildin~ 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 pollatant 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
405-47 1.
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 biochernical 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.
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Control Authority. Trinity River Authority of Texas
IControl Manhole. A manhole giving access to a building sewer at some point
before the building sewer discharge mixes with other discharges in the public
[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 A~encv 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.
Existin~ 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. A source of indirect discharge.
Industrial Waste Charge. A financial assessment made on those persons who
discharge h~dustrial 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.
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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 Control Authority's [Cit.7'a] 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), 40 CFR 503 sludge regulations; any
State regulations contained in any State sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312; 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 (mp4q). 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 DischarRe Standard. Any
regulation developed under the authority of Section 307(b) of the Act and 40 CFR,
Section 403.5.
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
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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 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 Coolin~ Water. Water used for cooling which does not come into
direct contact with any raw material, intermediate product, waste product, or
finished product.
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Normal Wastewater. Wastewater which the average concentration of suspended
solids and five-day BOD does not exceed 250 mg/1 each.
Ove~oad. 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 Control Authority's [Cit)"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.
pit. A measure of the acidity or alkalinity of a solution, expressed in standard
units.
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/or 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, chemic'd, 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 ReGuirements. Any substantive or procedural requirement related to
pretreatn~ent imposed on a user, other than a pretreatment standard.
Pretreatment Standards or Standards. Protreatment 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 and/or
Control Authority. 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.
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
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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.
Slu~ Load or Slu~. 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. A classification pursuant to the
Standard Industrial Classification Manual issued by the United States Office of
Management and Budget.
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 Or~anics, 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/l.
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.
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Trap. A device designed to skim, settle, or otherwise remove grease, oil, sand,
flammable wastes or other harmful substances.
Trinity River Authority. The Control Authority, as holder of the NPDES permit.
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. An industry that discharges wastewater into the
wastewater system. A source of indirect discharge.
Wastewater. Liquid and water-carded 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
See. 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
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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 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;
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(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;
(12) Storm water, surface water, ground water, artesian well water, roof ranoff,
subsurface drainage,[swimming pool drainage, condensate, deionized water,
noncontact cooling water, and/or unpolluted wastewater, unless specifically
authorized by the Officer and/or 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 fail 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 rag/l;
(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 of the industry;
(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
l 3 AGG066E3
will be carried freely under the flow conditions normally prevailing in
wastewater mains, 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 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.
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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:
0.10 mg/l arsenic
2.00 mg/l barium
[ 1.0 mg/1 boronl
0.]0 mg/l cadmium
250 mg/l chlorides
3.50 mg/l chroraium
2.50 mg/l copper
1.00 mg/l cyanide
2.00 mg/l lead
[ 1.0 mg/l magnesium]
0.005 mg/l mercury
1.00 mg/l molybdenurn
1.50 mg/l nickel
200 mEdl oil and grease
0.02 mg/1 selenium
0.10 rng/l silver
2.50 rng/l zinc
1.00 mg/l TFO
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, concenu:ations, volumes,
and other applicable provisions.
See. 11-2-6 CITY OF COPPELL'S R1GHT OF REVISION
The City reserves the fight to establish, by ordinance or in wastewater discharge permits,
more stringent standards or requirements on discharges to the POTW.
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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 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 twelve (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
16 AGG066E3
owned plus a 10% administrative charge. The amount of such fee shall be
established by the City Council by resolution from time to time. 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.
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 treat~nent 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.
17 AGG066E3
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 11-2-1 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.
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 require
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.
Sec. 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 permitted significant industrial user needs an accidental discharge/slug control plan.
l ~ AGG066E3
The Officer and/or Control Authority may require any user to develop, submit for approval, and
implement such a plan. [Altematively, 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
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.
Sec. 11-3-4 HAULED 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.
19 AGG066E3
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.
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 tl~rough 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.
Sec. 11-4-3 WASTEWATER DISCHARGE PERMITTING:
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 [~ixty (~0)1 ninety (90) 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
ninety (90) days of the effective date of this ordinance except in accordance with a wastewater
discharge permit issued by the Officer. If, in the Officer's judgment, the passing of the
Ordinance does not significantly affect the h~dustrial User's curret~t permit, thet~ the existing
permit will continue through to the e~piratiott date.
Sec. 11-4-4 WASTEWATER DISCHARGE PERMITTING: 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:
20 AGG066E3
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;
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 them 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
2 1 AGG066E3
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 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:
22 AGG066E3
(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;
(3) Requirements for the development and i~nplementation 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 durh~g 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);
23 AGGO66E3
(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.
Group lI - 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
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 ninety (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
AGG066E3
Subsection B above has been submitted.
D. Group tli Users, Industries:
The industrial waste discharged into the sanitary sewers by a Group Ili 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 and payment of a fee to be
established by resolution of the City Council, a Waste Hanler 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 specified that additional pretreatment operations will be required of the
applicant.
Sec. 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:
25 AGG066E3
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 POTVq,
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 full responsibility for complying with the existing wastewater
discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as
of the date of facility transfer.
26 AGG066E3
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 notit~, 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. Faisifying 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;
1. 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 shall 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.
27 AGG066E3
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 POTW
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 will 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) Identifvin~ 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 natore, 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 or estimated
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).
(5) Measurement of Pollutants.
AGG066E3
(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) Sixnature and Certification. All baseline monitoring reports must be
signed and certified in accordance with Article 11-4-6 of this ordinance.
Sec. 11-6-2 COMPLIANCE SCHEDULE PROGRESS REPORTS
The following conditions shall apply to the compliance schedule required by Article 11-6-
l(B)(7) of this ordinance:
A. The schedule shah 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, hiring an
engineer, completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning and
29 AGG066E3
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 ll-6d(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 shaH, 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 ks monitoring facility in good working order shall not 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
30 AGG066E3
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.
Sec. 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. If an industry's nature of business is such that thD'ty (30)
days is absolutely not possible a shorter time fi'ame may be worked out with the OJytcer, but in
no case shall notification be less than seventy-two (72) hours before the change takes place.
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 that are determined to be of concern.
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 shah such notification
relieve the user of any fines, penalties, or other liability which may be imposed
pursuant to this ordinance.
3 1 AGG066E3
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 UNPERMITTED 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
suhrdtted only once for each hazardous waste discharged. However, notifications
of changed conditions 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.
32 AGG06(~E3
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 monlh, 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 quantifies of any hazardous waste do not require additional notification.
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 POTW, 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 econotnically 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.
Sec. 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 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
33 AGG066E3
volatile organic compounds must be obtained using grab collection techniques.
Sec. 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.
Sec. 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 promises 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 mo~litor compliance
shall be at the expense of the industrial user.
34 AGG066E3
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 bom 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.
Sec. 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 dam.
When requested and demonstrated by the user furnishing a report that such information should
be held confidential, the portions of a report which 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
35 AGG066E3
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;
[). 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 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
36 AGG066E3
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.
Sec. 11-10-2 RESERVED
Sec. 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 shah 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.
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
37 AGG066E3
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 prope~y
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 endangerment
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.
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 rake
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 pan, 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 shah be interpreted as requiting a hearing prior to any emergency
38 AGG066E3
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.
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 remedialion. 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 CIVIL PENALTIES
A. A user who has violated, or continues to violate, any provision of this ordinance,
39 AGG066E3
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 aH
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 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:
40 AGGO66E3
(1) the person cormnits 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 1 l -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
A. 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 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 roles:
(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 shah submit to the
Officer an expected compliance date and an installation schedule if the
more stringent discharge limits necessitate technological or mechanical
4 1 AGG066E3
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 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" memos an exceptional incident in which
there is unintentional and temporary noncompliance with categorical pretreatment
standards because of factors beyond the masonable 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
42 AGG066E3
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
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, eliminato, 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.
Sec. 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.
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 rake 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
44 AGG066E3
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]
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
contah:ed 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
45 AGG066E3
Comprehensive Fee Chapter] and shall be established by the City Council by
resolution from time to time.
B. Surcharge
The City may surcharge industrial users for strengths of BOD and/or TSS in
excess of "Normal Wastewater" as defined in Section 11~1-4. Water or wastes
having 1) a five day biochemical oxygen demand greater than two hundred fifty
(250) milligrams per liter (mg/L) or 2) containing more than two hundred fifty
(250) milligrams per liter (mg/L) of total suspended solids shall be subject to the
review and approval of the City.
The surcharge will be assessed according to the following formula each month
using the most current pollutant concentration data and the current months'
wastewater flow:
Surcharge = Q x [a(BOD - X) + b(TSS ~ Y)] [8.34]
1,000,000
Where:
Q = flow in gallons
8.34 = weight in pounds of one gallon of water
X = normal limits of BOD in wastewater expressed in
milligrams per liter
Y = normal limits of TSS in wastewater expressed in milligrams
per liter
a = unit cost of treatment per pound of BOD
b = unit cost of treatment per pound of TSS
A surcharge is an additional charge by the POTW for the increased cost of
handling discharge of unusual strength and character and shall not serve as a
variance to the requirements of this ordinance. A ten percent (10%) administrative
charge will also be attached to the surcharge when an industrial user exceeds the
concentrations of normal wastewater. Exercise of this provision shall not be a bar
to, or a prerequisite for, taking any other action against the user.
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, m~d 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
46 AGG066E3
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.
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.
DULY PASSED by the City Council of the City of Coppell, Texas, on the v~ '~day
of ~_.d~ ~ 1995
APPROVED:
TOM MORTON, MAYOR
ATTEST:
LINAG~~U.'CI~RY
APPROVED AS TO FORM:
PETER G. SMITH, Y
(PGS/djd 2/9/95)
47 AGG066E3