OR 2024-1621 Industrial Waste 1 4886-2828-9780 v.1
ORDINANCE NO.______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AMENDING THE CODE OF ORDINANCES BY REPEALING IN
ITS ENTIRETY CHAPTER 11- 'INDUSTRIAL WASTE AND SEWER USE
REGULATIONS' AND ADOPTING A NEW CHAPTER 11, 'INDUSTRIAL
WASTE AND POLLUTION REGULATIONS AND STANDARDS';
PROVIDING FOR ADMINISTRATION; PROVIDING FOR
ABBREVIATIONS AND DEFINITIONS; PROVIDING FOR INDUSTRIAL
DISCHARGE STANDARDS; PROVIDING FOR PRETREATMENT OF
WASTEWATER; PROVIDING FOR WASTEWATER DISCHARGE
PERMITS AND REQUIREMENTS; PROVIDING FOR WASTEWATER
DISCHARGE PERMIT PROCESS AND CLASSIFICATION; PROVIDING
FOR COMPLIANCE MONITORING AND REPORTING
REQUIREMENTS; PROVIDING FOR ADMINISTRATION AND
ENFORCEMENT; PROVIDING FOR CIVIL AND CRIMINAL PENALTY
NOT TO EXCEED $2,000; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas (the "City"), has investigated and determined
that the current Chapter 11, Industrial Waste and Sewer Use Regulations, should be repealed
in its entirety and replaced with a new Chapter 11, Industrial Waste and Pollution Regulati ons
and Standards should be adopted; and
WHEREAS, the City Council finds that it is necessary to repeal the current provisions
for the administration of the boards of the City of Coppell as provided herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. That the Code of “Chapter 11, Industrial Waste and Sewer Use
Regulations” ordinances of the City of Coppell is hereby amended by repealing in its entirety
Chapter 11 of said code and replacing the same with a new Chapter 11, which shall read as
follows:
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"CHAPTER 11 - INDUSTRIAL WASTE AND POLLUTION REGULATIONS
AND
STANDARDS
ARTICLE 11-1. – GENERAL PROVISIONS
Sec. 11-1-1. Purpose and Policy
A. This ordinance sets forth uniform requirements for users of
the Publicly Owned Treatment Works for the City of
Coppell (City) and enables the City to comply with all
applicable State and Federal laws, including the Clean Water
Act (33 United States Code §§ 1251 et seq.) and the General
Pretreatment Regulations (40 Code of Federal Regulations
Part 403). The objectives of this ordinance are:
(1) To prevent the introduction of pollutants
into the Publicly Owned Treatment Works
that will interfere with its operation;
(2) 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;
(3) 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;
(4) To promote reuse and recycling of
industrial wastewater and sludge from the
Publicly Owned Treatment Works;
(5) To provide for fees for the equitable
distribution of the cost of operation,
maintenance, and improvement of the
Publicly Owned Treatment Works; and
(6) To enable the Control Authority to comply
with its National Pollutant Discharge
3 4886-2828-9780 v.1
Elimination System permit conditions,
sludge use and disposal requirements, and
any other Federal or State laws to which the
Publicly Owned Treatment Works is
subject.
B. 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 the 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
• BMP - Best Management Practice
• BMR - Baseline Monitoring Report
• CFR - Code of Federal Regulations
• CIU - Categorical Industrial User
• COD - Chemical Oxygen Demand
• EPA - U.S. Environmental Protection Agency
• gpd - gallons per day
• IU - Industrial User
4 4886-2828-9780 v.1
• mg/l - milligrams per liter
• NAICS- North American Industrial Classification System
• NPDES- National Pollutant Discharge Elimination System
• NSCIU- Non-Significant Categorical Industrial User
• POTW - Publicly Owned Treatment Works
• RCRA - Resource Conservation and Recovery Act
• SIC - Standard Industrial Classification
• SIU - Significant Industrial User
• SNC - Significant Noncompliance
• TCEQ - Texas Commission on Environmental Quality
• TPDES – Texas Pollutant Discharge Elimination System
• 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.
A. 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.
B. Approval Authority. The Executive Director of the Texas
Commission on Environmental Quality (TCEQ) where the
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state has been delegated NPDES permit authority and has an
approved pretreatment program.
C. 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 manager of one or more manufacturing,
production, or operating facilities, provided the
manager is authorized to make management
decisions that govern the operation of the regulated
facility including having the explicit or implicit duty
of making major capital investment
recommendations, and initiate and direct other
comprehensive measures to assure long-term
environmental compliance with environmental laws
and regulations; can ensure that the necessary
systems are established or actions taken to gather
complete and accurate information for individual
wastewater discharge permit requirements; and
where authority to sign documents has been assigned
or delegated to the manager in accordance with
corporate procedures.
(2) If the user is a partnership or sole proprietorship: a
general partner or proprietor, respectively.
(3) If the user is a Federal, State, or Local governmental
facility: a Pretreatment Coordinator 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
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company, and the written authorization is submitted to
the city.
D. Best Management Practices or BMPs means schedules of
activities, prohibitions of practices, maintenance procedures,
and other management practices to implement the
prohibitions listed in Section 11-2-2 (A) and (B) [40 CFR
403.5(a)(1) and (b)]. BMPs include treatment requirements,
operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw materials storage.
E. Biochemical Oxygen Demand or BOD The quantity of
oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedures for five (5) days
at 20° centigrade, usually expressed as a concentration (e.g.,
mg/l).
F. Categorical Industrial User (CIU). An Industrial User
subject to a Categorical Pretreatment Standard or
Categorical Standard.
G. Categorical Pretreatment Standard or Categorical Standard.
Any regulation containing pollutant discharge limits
promulgated by EPA in accordance with Sections 307(b) and
(c) of the Act (33 U.S.C. § 1317) which apply to a specific
category of users and which appear in 40 CFR Chapter I,
Subchapter N, Parts 405 - 471.
H. City. The City of Coppell or the City Council of the City of
Coppell.
I. 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 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.
J. Control Authority. Trinity River Authority of Texas as
holder of the TPDES permit.
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K. Daily Maximum Limit. The maximum allowable discharge
limit of a pollutant during a calendar day. Where Daily
Maximum Limits are expressed in units of mass, the daily
discharge is the total mass discharged over the course of the
day. Where Daily Maximum Limits are expressed in terms
of a concentration, the daily discharge is the arithmetic
average measurement of the pollutant concentration derived
from all measurements taken that day.
L. Environmental Health Officer (Officer). The City Manager
or such other Official designated by the City Manager or his
duly authorized deputy, agent or representative.
M. Environmental Protection Agency or EPA. The U.S.
Environmental Protection Agency or, where appropriate, the
Regional Water Management Division Pretreatment
Coordinator, or other duly authorized official of said agency.
N. Existing Source. Any source of discharge, the construction
or operation of which commenced prior to the publication by
the EPA of proposed categorical pretreatment standards,
which will be applicable to the source if the standard is
thereafter promulgated in accordance with Section 307 of the
Act.
O. Extrajurisdictional User. A User the City has determined
requires a permit to discharge, other than a local
government, which is located outside the jurisdiction of the
City, and which discharges or plans to discharge to the
POTW.
P. 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.
Q. 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.
R. 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.
8 4886-2828-9780 v.1
S. 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 NPDES or
TPDES 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 pt. 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.
T. 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.
U. Monthly Average. The sum of all “daily discharges”
measured during a calendar month divided by the number of
“daily discharges” measured during that month.
V. Natural Outlet. Any outlet into a watercourse, pond, ditch,
lake, or other body of surface or ground water.
W. 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
the 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
9 4886-2828-9780 v.1
(b) The building, structure, facility, or installation
totally replaces the process or production
equipment that causes the discharge of pollutants
at an existing source; or
(c) The production or wastewater generating processes
of the building, structure, facility, or installation
are substantially independent of an existing source
at the same site. In determining whether these are
substantially independent, factors such as the
extent to which the new facility is integrated with
the existing plant, and the extent to which the new
facility is engaged in the same general type of
activity as the existing source, should be
considered.
(2) Construction on a site at which an existing source is
located results in a modification rather than a new
source if the construction does not create a new
building, structure, facility, or installation meeting the
criteria of Section (1)(b) or (c) above but otherwise
alters, replaces, or adds to existing process or
production equipment.
(3) Construction of a new source as defined under this
paragraph has commenced if the owner or operator
has:
(a) Begun, or caused to begin, as part of a continuous
onsite construction program:
1. Any placement, assembly, or installation of
facilities or equipment; or
2. 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
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without substantial loss, and contracts for
feasibility, engineering, and design studies do not
constitute a contractual obligation under this
paragraph.
X. Noncontact Cooling Water. Water used for cooling which
does not come into direct contact with any raw material,
intermediate product, waste product, or finished product.
Y. Normal Wastewater. Wastewater which the average
concentration of suspended solids and five-day BOD does
not exceed 250 mg/l each.
Z. North American Industry Classification System (NAICS).
A system used by the Federal Government for collecting and
organizing industry-related statistics. The NAICS codes are
updated every five years to stay current with industry
developments.
AA. 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 NPDES or TPDES
permit, including an increase in the magnitude or duration of
a violation.
BB. Person. Any individual, partnership, co-partnership, 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.
CC. pH. A measure of the acidity or alkalinity of a solution,
expressed in standard units.
DD. 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).
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EE. 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 the pollutants into the POTW. This reduction or
alteration can be obtained by physical, chemical, or
biological processes, by process changes, or by other means,
except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
FF. Pretreatment Requirements. Any substantive or procedural
requirement related to pretreatment imposed on a user, other
than a pretreatment standard.
GG. Pretreatment Standards or Standards. Pretreatment
standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
HH. Process Wastewater. Water that comes into direct contact
with or results from the production or use of any raw
material, intermediate product, finished product, byproduct,
waste product, or wastewater, and/or as defined in a National
Pretreatment Standard.
II. Prohibited Discharge Standards or Prohibited Discharges.
Absolute prohibitions against the discharge of certain
substances; these prohibitions appear in Section 11-2-2 of
this ordinance.
JJ. 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 the 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.
KK. Septic Tank Waste. Any sewage from holding tanks such as
vessels, chemical toilets, campers, trailers, and septic tanks.
LL. Sewage. Human excrement and gray water (household
showers, dishwashing operations, etc.).
MM. Shall is mandatory; May is permissive.
NN. Significant Industrial User.
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(1) SIUs
(a) A user subject to categorical pretreatment
standards;
or
(b) A user that:
1. 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);
2. 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
3. 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.
(c) Upon a finding that a user meeting the criteria
in Subsection (b) 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 the user should not be considered a
significant industrial user.
(2) NSCIUs
(a) The City may determine that an Industrial User
subject to categorical Pretreatment Standards is
a Non-Significant Categorical Industrial User
(NSCIU) rather than a Significant Industrial
User (SIU) on a finding of any of the three
criteria below:
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1. The Industrial User never discharges more
than 100 gallons per day (gpd) of total
categorical wastewater (excluding sanitary,
non-contact cooling and boiler blowdown
wastewater, unless specifically included in
the Pretreatment Standard);
2. The Industrial User is required by a
categorical Pretreatment Standard to not
discharge categorical wastewater. An
Industrial User that meets this criteria shall
continue to be prohibited from discharging
categorical wastewater; or
3. The Industrial User is subject to numeric
categorical Pretreatment Standard(s) and
does not discharge categorical wastewater
(b) The following conditions must be met for an
Industrial User classified as a NSCIU:
1. The Industrial User, prior to City’s finding,
has consistently complied with all
applicable categorical Pretreatment
Standards and Requirements;
2. The Industrial User annually submits the
certification statement required in Section
11-6-2 (B) [see 40 CFR 403.12(q)],
together with any additional information
necessary to support the certification
statement; and
3. The Industrial User never discharges any
untreated concentrated wastewater.
OO. Slug Load or Slug Discharge. Any discharge at a flow rate
or concentration which could cause a violation of the
prohibited discharge standards in Section 11-2-2 of this
ordinance. A Slug Discharge is any Discharge of a non-
routine, episodic nature, including but not limited to accidental
spill or a non-customary batch discharge, which has a
reasonable potential to cause Interference or Pass Through, or
in any way violate the POTW’s regulations, Local Limits or
Permit conditions.
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PP. Standard Industrial Classification (SIC) Code. A
classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and
Budget.
QQ. Storm Water. Any flow occurring during or following any
form of natural precipitation, and resulting from such
precipitation, including snowmelt.
RR. 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.
SS. Total Toxic Organics or TTO. The sum of the masses or
concentration of the toxic organic compounds listed in 40
CFR122 Appendix D, Table 2, excluding pesticides, found in
an industrial user’s discharge at a concentration greater than
0.01mg/L. For categorical SIU’s, with categorical TTO
monitoring requirements, TTO parameter selection is specific
to the federal category.
TT TPDES. Texas Pollutant Discharge Elimination System
permit program of the Texas Commission on Environmental
Quality with federal regulatory authority to act on an approved
pretreatment program.
UU. User or Industrial User (IU). A source of indirect discharge.
VV. Wastewater. Liquid and water-carried industrial wastes and
sewage from residential dwellings, commercial buildings,
industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the
POTW.
WW. Wastewater Treatment Plant or Treatment Plant. The portion
of the POTW which is designed to provide treatment of
municipal sewage and industrial waste.
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Article 11-2 - SEWER USE; INDUSTRIAL DISCHARGES
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.
Storm water and all other unpolluted drainage shall be
discharged to sewers that are specifically designated as
storm sewers, or to a natural outlet approved by the
Officer. No liquid, semi-liquid, ready mixed concrete,
mortar, asphalt material, or chemical waste shall be
deposited in any area that will drain to the storm sewer
or natural outlet.
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 5.5 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 or pollutant concentration which, either
singly or by interaction with other pollutants, will
cause interference with the POTW;
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(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 and/or pass through, and in
amounts specified in Section 11-2-4 of this
ordinance.
(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 in accordance
with Section 11-3-6 of this ordinance;
(9) Noxious or malodorous liquids, gases, solids, or
other wastewater which, either singly or by
interaction with other wastes, are sufficient to
create a public nuisance or a hazard to life, or to
prevent entry into the sewers for maintenance or
repair;
(10) Wastewater which imparts color which cannot be
removed by the treatment process, such as, but not
limited to, dye wastes and vegetable tanning
solutions, which consequently imparts color to the
treatment plant’s effluent, thereby violating the
applicable NPDES or TPDES 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 runoff, subsurface drainage, and
unpolluted wastewater, unless specifically
authorized by the Officer;
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(13) Sludges, screenings, or other residues from the
pretreatment of industrial wastes;
(14) Medical wastes, except as specifically authorized
by the Officer, that do not cause or contribute to
Pass Through and/or Interference;
(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 that specified in the
applicable local limits in Section 11-2-4;
(18) A discharge of water, normal domestic wastewater,
or industrial waste 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) Garbage that is not properly shredded to such an
extent that all particles will be carried freely under
the flow conditions normally prevailing in
wastewater mains, with no particle having greater
than one-half (1/2) inch cross-sectional dimension;
(21) Wastewater or industrial waste generated or
produced outside the City, unless approval in
writing from the Officer has been given to the
person discharging the waste; or
(22) Without the approval of the Officer, 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
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to treatment, including but not limited to bulk or
packaged chemical products.
C. Processing and Storage. 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
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)(1).
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
the 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. Local Discharge Limits
A. The following pollutant limits are established to
protect against pass through and interference and apply
at the point where the wastewater is discharged to the
POTW. No person shall discharge, or cause or permit
to be discharged, wastewater containing in excess of
the following instantaneous maximum allowable
discharge limits.
(1) Toxic Pollutants specified in the following table:
Toxic
Pollutant
Instantaneous
Maximum
Allowable
Discharge
Limit (mg/L)
Arsenic 0.2
Cadmium 0.1
Chromium 2.1
Copper 1.8
Cyanide 0.4
Lead 1.2
Mercury 0.06
Molybdenum 0.5
Nickel 3.3
Selenium 0.2
Silver 0.8
Zinc 6.1
Oil and
Grease
200
pH 5.5-11.0
Standard
Units
20 4886-2828-9780 v.1
All concentrations for metallic substances are for “total” metal
unless indicated otherwise. The Officer may impose mass
limitations in addition to, or in place of, the concentration-based
limitations above.
Sec. 11-2-5. City’s Right of Revision
The City reserves the right to establish, by ordinance or in
wastewater discharge permits, more stringent standards or
requirements on discharges to the POTW.
Sec. 11-2-6. 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 tr ap 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 12
months.
2. Regular inspection to ensure proper operation.
3. Sample and test discharge from trap on at least an annual basis,
or as determined necessary by the officer.
21 4886-2828-9780 v.1
4. When a trap is cleaned and/or pumped out, the waste hauler
providing this service must be permitted by the city, refer to
section 11-5-3E.
C. Sampling and test requirements for grease and sand traps.
1. All persons required to install and utilize grease or sand traps
shall be required on an annual basis to pay a sampling and
testing fee for each trap owned plus a ten percent 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. 11-2-7. Compliance with existing authority.
A. Unless authorized by the Texas Commission on
Environmental Quality (TCEQ), no person shall deposit or
discharge any waste on public or private property into or
adjacent to any:
1. Natural outlet.
2. Watercourse.
3. Storm sewer.
4. Any other area within the jurisdiction of the City of
Coppell.
B. The approving authority shall verify prior to discharge that
wastes authorized to be discharged will receive suitable
treatment within the provisions of law, ordinances, rules and
orders of federal, state, and local governments.
22 4886-2828-9780 v.1
Sec. 11-2-8. 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 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.
Sec. 11-2-9. Plant Loading
No industry shall discharge wastewater containing a BOD or
TSS loading that causes the City’s prorata share of the total BOD or
TSS loading to the POTW system to exceed the City’s prorata share
of the total flow to the POTW system. (Example: if the City
contributes 25% of the total wastewater flow to the System, the
City’s cumulative BOD or TSS loading to the System, as measured
at the City’s points of entry to the System, shall not exceed 25% of
the total BOD or TSS loading to the System.)
Any industry with a wastewater strength that will cause the
City’s cumulative wastewater loading, at the City’s points of entry,
to exceed the City’s prorata share of the total wastewater loading
based upon flow, shall be required to install pretreatment facilities
to reduce its wastewater strength to an acceptable level.
Article 11-3. – PRETREATMENT OF WASTEWATER
Sec. 11-3-1. Pretreatment Facilities; Plans
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 Section 11-2-2 of this ordinance within the time
limitations specified by EPA, the State, 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 the 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
23 4886-2828-9780 v.1
produce a discharge acceptable to the City under the provisions of
this ordinance.
Sec. 11-3-2. Discharge Flow; Conditions
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.
Sec. 11-3-3. Grease, Oil, and Sand Interceptors
Grease, oil, and sand 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 these 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
the user’s expense.
Sec. 11-3-4. Gas Detection Meters and Other Control Devices
Users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter or other control device as deemed necessary by the
Officer.
Sec. 11-3-5. Slug Control Plans
A. The Officer shall evaluate whether each permitted significant
industrial user needs a slug control plan or other action to
24 4886-2828-9780 v.1
control Slug Discharges no later than (1) one year of the SIU
determination. The Officer may require any user to develop,
submit for approval, and implement such a plan. All the
activities associated with Slug Control evaluation and results
are to be kept in the Industrial User file.
B. A slug control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine
batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Officer and
Control Authority of any slug discharge, as required by
Section 11-6-6 of this ordinance; and
(4) Procedures to prevent adverse impact from any 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. 11-3-6. Hauled Wastewater; Discharge; Permit
A. Septage waste may be introduced into the POTW only at
locations designated by the Officer and Control Authority, and
at such times as are established by the Officer and Control
Authority. Such waste shall not violate Section 11-2-2 – 11-
2-4 of this ordinance or any other requirements established by
the City. The Officer 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 hazardous wastes.
25 4886-2828-9780 v.1
Sec. 11-3-7. Best Management Practices
A. The Officer may develop Best Management Practices (BMPs),
and require Users to implement such BMPs if necessary to
protect the POTW. Such BMPs would be supplemental and
not used as a replacement for compliance with Local Limits
listed in Section 11-2-4 and Prohibited Discharge Standards in
Section 11-2-2.
ARTICLE 11-4 - WASTEWATER DISCHARGE PERMIT
Sec. 11-4-1. Wastewater Analysis Required Upon Request
When requested by the Officer, a user must submit
information on the nature and characteristics of its wastewater by
the reasonable deadline stipulated. The Officer is authorized to
prepare a form for this purpose and may periodically require users
to update this information.
Sec. 11-4-2. Permit Required
A. No significant industrial user (SIU) or non-significant
categorical industrial user (NSCIU) shall discharge
wastewater into the POTW without first obtaining a
wastewater discharge permit from the Officer, who may
disallow any or all discharges until a wastewater discharge
permit is issued, except that a SIU or a NSCIU that has filed
a timely application pursuant to Section 11-4-3 of this
ordinance may continue to discharge for the time period
specified therein.
B. The Officer may require other users to submit a completed
permit application or survey form, including monitoring data,
and to obtain wastewater discharge permits as necessary to
carry out the purposes of this ordinance. To determine the
status of a user in relation to this ordinance, users may be
required to perform sampling as specified by the Officer
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 Sections 11-7-5 – 11-7-13 of this
ordinance. Obtaining a wastewater discharge permit does not
26 4886-2828-9780 v.1
relieve a permittee of the obligation to comply with all Federal
and State pretreatment standards or requirements with any
other requirements of Federal, State, and local law.
Sec. 11-4-3. Existing Industrial Users; Permit
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 ninety (90) days after that date,
apply to the Officer for a wastewater discharge permit in accordance
with Section 11-4-5 (A) of this ordinance, and shall not cause or
allow discharges to the POTW to continue after 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 Industrial User’s current permit, then the
existing permit may continue through to the expiration date.
Sec. 11-4-4. New Industrial Users; Permit
Any user required to obtain a wastewater discharge permit
who proposes to begin or recommence discharging into the POTW
must obtain that permit prior to the beginning or recommencing of
the discharge. An application for this wastewater discharge permit,
in accordance with Section 11-4-5 (A) of this ordinance, must be
filed prior to the date upon which any discharge will begin or
recommence.
Sec. 11-4-5. Permit Application; Content; Signatories and
Certification
A. Permit application. All users required to obtain a wastewater
discharge permit must submit a permit application.
(1) The Officer may require all users to submit as part of
an application the following information:
(a) All information required by Section 11-6-1 (B)
of this ordinance;
(b) Description of activities, facilities, and plant
processes on the premises, including a list of all
27 4886-2828-9780 v.1
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.
(2) Incomplete or inaccurate applications will not be
processed and will be returned to the user for revision.
B. Signatories and certification.
(1) An Authorized Representative of the User must sign
all wastewater discharge permit applications, user
reports, and enforcement responses. Wastewater
discharge permit applications and user reports as
identified in 40 CFR §403.12(b), (d), (e), and (h), must
contain the following certification statement: “I
certify under penalty of law that this document and all
attachments were prepared under my direction or
supervision in accordance with a system designed to
assure that qualified personnel properly gather and
evaluate the information submitted. Based on my
inquiry of the person or persons who manage the
system, or those persons directly responsible for
gathering the information, the information submitted
is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are
28 4886-2828-9780 v.1
significant penalties for submitting false information,
including the possibility of fine and imprisonment for
knowing violations.”
(2) If the designation of an Authorized Representative of
the User is no longer accurate because a different
individual or position has responsibility for the overall
operation of the facility or overall responsibility for
environmental matters for the company, a new written
authorization satisfying the requirements of this
Section must be submitted to the Officer prior to or
together with any reports to be signed by an Authorized
Representative of the User.
(3) A facility determined to be a Non-Significant
Categorical Industrial User (NSCIU) by the Officer
pursuant to Section 11-1-4 (NN)(2) must annually
submit the signed certification statement signed in
accordance with the signatory requirements in Section
11-1-4 (C). This certification must accompany an
alternative report required by the Officer:
“Based on my inquiry of the person or persons directly
responsible for managing compliance with the
categorical Pretreatment Standards under 40 CFR §
____, I certify, to the best of my knowledge and belief,
that during the period from __________, ________ to
________, ________ [months, days, year]:
(a) The facility described as ________ [facility
name] met the definition of a Non-Significant
Categorical Industrial as described in Section
11-1-4 (NN)(2); [Note: See 40 CFR §
403.3(v)(2)]
(b) The facility complied with all applicable
Pretreatment Standards and requirements
during this reporting period; and the facility
never discharged more than 100 gallons of total
categorical wastewater on any given day during
this reporting period.
(c) This compliance certification is based on the
following information.
”
29 4886-2828-9780 v.1
Sec. 11-4-6. Evaluation and Decision
The Officer will evaluate the data furnished by the user and
may require additional information. Within a reasonable time from
receipt of a complete wastewater discharge permit application, the
Officer will determine whether 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. 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. Permit Content; Conditions
A. 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.
B 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 11-5-5 of this ordinance,
and provisions for furnishing the new owner or
operator with a copy of the existing wastewater
discharge permit;
30 4886-2828-9780 v.1
(3) Effluent limits including Best Management Practices
based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification,
and record-keeping requirements including those for
BMPs. 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;
(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; and
(6) Requirements to control Slug Discharge, if
determined by the Officer to be necessary.
C. Wastewater discharge permits may contain, but need not be
limited to, the following conditions:
(1) Limits on the average and/or maximum rate of
discharge, time of discharge, and/or requirements for
flow regulation and equalization;
(2) Requirements for the installation of pretreatment
technology, pollution control, or construction of
appropriate containment devices, designed to reduce,
eliminate, or prevent the introduction of pollutants
into the treatment works;
(3) Requirements for the development and
implementation of spill control plans or other special
conditions including management practices
necessary to adequately prevent accidental,
unanticipated, or nonroutine 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;
31 4886-2828-9780 v.1
(6) Requirements for installation and maintenance of
inspection and sampling facilities and equipment;
(7) A statement that compliance with the wastewater
discharge permit does not relieve the permittee of
responsibility for compliance with all applicable
Federal and State pretreatment standards, including
those which become effective during the term of the
wastewater discharge permit;
(8) Requirements to implement BMPs, if determined by
the Officer to be necessary; and
(9) 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 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 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.
32 4886-2828-9780 v.1
(3) Upon a finding that a user meeting the criteria in subsection (2)
has no reasonable potential for adversely affecting the POTW’s
operation or for violating any pretreatment standard or
requirement, the city may at any time, on its own initiative or in
response to a petition received from a user, and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such user should
not be considered a significant industrial user.
Group II - Industrial User. Commercial users, such as car washes,
printers and photographic developers, which can be
classed according to the character of their wastewater, and which
may discharge regulated pollutants that have the potential to exceed
the requirements of this chapter.
Group III - Commercial facilities and small industrial users. Those
facilities which do not have the potential to discharge a significant
amount of regulated pollutants on a regular basis.
Group IV - waste haulers. All transporters of liquid industrial waste,
trap cleaning, etc.
B. All Group I 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 officer. In the case of existing dischargers
who have not already complied with this section, such
application must be submitted within the timeframe stipulated
by the environmental health officer.
C. No Group I or Group II user shall be permitted to discharge
unless and until a completed wastewater discharge permit
application in accordance with subsection B. above has been
submitted.
D. Group II and Group III users, industries. The industrial waste
discharged into the sanitary sewers by a Group III user shall
be subject to periodic inspection and sampling as often as may
be necessary by the city. Samples shall be collected in such a
manner as to be representative of the character and
concentration of the waste discharged under operational
conditions. The laboratory methods used in the examination of
said waste shall be those set forth in 40 CFR 136. The
determination of the character and concentration of industrial
waste shall be made by the city. Should an owner or occupant
discharging industrial waste to the sanitary sewers desire a
33 4886-2828-9780 v.1
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 week period after
the waste reaches its final destination. The city will evaluate
the completed applications and data furnished by the
discharger and may determine what group each applicant will
be assigned. Within 60 days after evaluation of the application
the application and payment of a fee to be established by
resolution of the city council, a waste hauler permit shall be
issued, subject to the terms and conditions specified herein and
the regulations of the environmental health division. If the
application is denied, the applicant shall be notified in writing
within 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.
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 hauler
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.
34 4886-2828-9780 v.1
Sec. 11-5-4. Permit Modification
The Officer may modify a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
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 the wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or
permanent reduction or elimination of the authorized
discharge;
D. Information indicating that the permitted discharge poses a
threat to the POTW, POTW personnel, or the receiving
waters;
E. Violation of any terms or conditions of the wastewater
discharge permit;
F. Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in
any required reporting;
G. Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR § 403.13;
H. To correct typographical or other errors in the wastewater
discharge permit; or
I. To reflect a transfer of the facility ownership or operation to
a new owner or operator.
Sec. 11-5-5. Permit Transfer; Notice and Approval
A. Wastewater discharge permits may be transferred to a new
owner or operator only if the permittee gives a minimum of
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:
35 4886-2828-9780 v.1
(1) States that the new owner and/or operator has no
immediate intent to change the facility’s operations and
processes;
(2) Identifies the specific date on which the transfer is to
occur; and
(3) Acknowledges full responsibility for complying with the
existing wastewater discharge permit.
B. Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility
transfer.
Sec. 11-5-6. Permit Revocation
A. The Officer may revoke a wastewater discharge permit for
good cause, including, but not limited to, the following
reasons:
(1) Failure to notify the Officer of significant changes to the
wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Officer of
changed conditions pursuant to Section 11-6-5 of this
ordinance;
(3) Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Officer timely access to the facility
premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
36 4886-2828-9780 v.1
(11) Failure to complete a wastewater survey or the
wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of
business ownership of a permitted facility; or
(13) Violation of any pretreatment standard or requirement,
or any terms of the wastewater discharge permit or this
ordinance.
B. 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.
Sec. 11-5-7. 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 Section 11-4-5 (A)
of this ordinance, a minimum of sixty (60) days prior to the
expiration of the user’s existing wastewater discharge permit.
Sec. 11-5-8. Regulation of Waste Received from Other
Jurisdictions
A. A municipality which contributes wastewater to the POTW,
shall enter into an interlocal agreement with the City prior to
contributing such wastewater.
B. Prior to the City entering into an interlocal agreement as
provided in subsection A, the City may request the following
information from the contributing municipality:
(1) A description of the quality and volume of wastewater
discharged to the POTW by the contributing
municipality;
(2) An inventory of all users located within the contributing
municipality that are discharging to the POTW; and
(3) Such other information as the City may deem necessary.
37 4886-2828-9780 v.1
Sec. 11-5-9. Extrajurisdictional Users
A. An extrajurisdictional user shall apply for a permit in
accordance with this ordinance at least ninety (90) days prior
to discharging to the POTW.
B. This section does not apply to extrajurisdictional users in
jurisdictions which have an agreement with the City pursuant
to Section 11-5-8.
C. A wastewater discharge permit issued to an extrajurisdictional
user shall be in the form of a contract, and must include, at a
minimum, the components found in 40 CFR § 403.8(f)(1)(iii)
and shall require the approval of the City’s council. An
extrajurisdictional user shall agree to all the terms of this
ordinance and the terms of its wastewater discharging contract
in accordance with the procedures set forth in Section 11-5-2
of this ordinance prior to discharging into the POTW.
ARTICLE 11-6. - COMPLIANCE MONITORING;
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.
38 4886-2828-9780 v.1
(1) Identifying Information. The name and address of the
facility, including the name of the operator and owner.
(2) Environmental Permits. A list of any environmental
control permits held by or for the facility.
(3) Description of Operations. A brief description of the
nature, average rate of production, and standard
industrial classifications and/or North American
Industry Classifications (NAICS) of the operation(s)
carried out by the 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.
(a) The categorical pretreatment standards applicable
to each regulated process (and any new
categorically regulated processes for Existing
Sources.)
(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.
(c) Instantaneous, daily maximum, and long-term
average concentrations, or mass, where required,
shall be reported.
(d) The sample shall be representative of daily
operations and shall be analyzed in accordance
with procedures set out in Section 11-6-10 of this
ordinance. Where the Standard requires
compliance with a BMP or pollution prevention
alternative, the User shall submit documentation
as required by the Officer or the applicable
39 4886-2828-9780 v.1
Standards to determine compliance with the
Standard.
(e) If discharge flow conditions are representative of
daily operations, the User shall take a minimum of
one representative sample to compile that data
necessary to comply with the requirements of this
section. The Officer may require additional
representative sampling to be conducted.
(f) Representative samples should be taken
immediately downstream from pretreatment
facilities if such exist or immediately downstream
from the regulated process if no pretreatment
exists. If other wastewaters are mixed with the
regulated wastewater prior to pretreatment the
User should measure the flows and concentrations
necessary to allow use of the combined
wastestream formula in 40 CFR § 304.6(e) to
evaluate compliance with Pretreatment Standards.
(g) The Officer may allow the submission of a
baseline report which utilizes only historical data
so long as the data provides information sufficient
to determine the need for industrial pretreatment
measures.
(h) The baseline report shall indicate the time, date
and place of sampling and method of analysis, and
shall certify that such sampling and analysis is
representative of normal work cycle and expected
pollutant discharges to the POTW.
(i) Sampling must be performed in accordance with
procedures set out in Section 11-6-10 of this
ordinance.
(6) Certification. A statement, reviewed by the user’s
Authorized Representative of the User 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
are required to meet the pretreatment standards and
requirements.
40 4886-2828-9780 v.1
(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 the additional pretreatment and/or O&M. The
completion date in this schedule shall not be later than
the compliance date established for the applicable
pretreatment standard. A compliance schedule
pursuant to this section must meet the requirements set
out in Section 11-6-2 of this ordinance.
(8) Signature and Certification. All baseline monitoring
reports must be signed and certified in accordance with
Section 11-4-5 (1) of this ordinance.
Sec. 11-6-2. Compliance Schedule; Progress Reports
The following conditions shall apply to the compliance schedule
required by Section 11-6-1 (B)(7) of this ordinance:
A. The schedule shall contain progress increments in the form
of dates for the commencement and completion of major
events leading to the construction and operation of additional
pretreatment required for the user to meet the applicable
pretreatment standards (such events include, but are not
limited to, hiring an engineer, completing preliminary and
final plans, executing contracts for major components,
commencing and completing construction, and beginning
and conducting routine operation);
B. No increment referred to above shall exceed nine (9)
months;
C. The user shall submit a progress report to the Officer no later
than fourteen (14) days following each date in the schedule
and the final date of compliance including, at a minimum,
whether 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
the submission of progress reports to the Officer.
41 4886-2828-9780 v.1
Sec. 11-6-3. Categorical Pretreatment Standards; Compliance
Reports
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
those pretreatment standards and requirements shall submit to the
Officer a report containing the information described in Section 11-
6-1 (B)(4-6) of this ordinance. For users subject to equivalent mass
or concentration limits established in accordance with the
procedures in 40 CFR § 403.6(c), this report shall contain a
reasonable measure of the user’s long-term production rate. In
cases where the Categorical Pretreatment Standard requires
compliance with a BMP or pollution prevention alternative, the
User shall submit documentation as required by the applicable
Categorical Pretreatment Standard necessary to determine the
compliance status of the User. 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 Section 11-4-5
(B)(1) of this ordinance. All sampling will be done in conformance
with Section 11-6-10 of the ordinance.
Sec. 11-6-4. Periodic Compliance Reports
A. All significant industrial users shall, at a frequency
determined by the Officer but in no case less than twice per
year, 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. In cases where the Categorical Pretreatment
Standard or the Officer requires compliance with a BMP or
pollution prevention alternative, the User shall submit
documentation as required by the Officer or the applicable
Categorical Pretreatment Standard necessary to determine
the compliance status of the User. All periodic compliance
reports must be signed and certified in accordance with
Section 11-4-5 (B)(1) of this ordinance.
42 4886-2828-9780 v.1
B. All Non-significant Categorical Industrial Users (NSCIUs)
shall submit a report annually in the month specified by the
Officer. The report shall be completed according to the
City’s current reporting requirements, including the
submittal of the applicable certification statement found in
Section 11-4-5 (B)(3) of this ordinance.
C. All wastewater samples must be representative of the user’s
discharge. Wastewater monitoring and flow measurement
facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure
of a user to keep its monitoring facility in good working
order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
D. If a user subject to the reporting requirement in this section
monitors any pollutant more frequently than required by the
Officer using the procedures prescribed in Section 11-6-10
and 11-6-11 of this ordinance, the results of this monitoring
shall be included in the report.
Sec. 11-6-5. Changed Conditions; Notices
A. 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 a minimum
of thirty (30) days prior to the change.
B. 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 Section 11-4-5 (A) of this
ordinance.
C. The Officer may issue a wastewater discharge permit under
Section 11-4-6 of this ordinance or modify an existing
wastewater discharge permit under Section 11-5-4 of this
ordinance in response to changed conditions or anticipated
changed conditions.
D. For purposes of this requirement, significant changes
include, but are not limited to, flow increases of 20% or
greater, and the discharge of any previously unreported
pollutants that are determined to be of concern.
43 4886-2828-9780 v.1
Sec. 11-6-6. Accidental Discharge or Potential Problems;
Report; Liability
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 City and the Control
Authority 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 that 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
shall this notification relieve the user of any fines, penalties,
or other liability which may be imposed pursuant to this
ordinance.
C. A notice shall be permanently posted on the user’s bulletin
board or other prominent place advising employees whom to
call in the event of a discharge described in paragraph A,
above. Employers shall ensure that all employees, who may
cause such a discharge to occur, are advised of the
emergency notification procedure.
D. Significant Industrial Users are required to notify the Officer
immediately of any changes at their facilities affecting the
potential for a Slug Discharge.
Sec. 11-6-7. Users Without Permit; Required Reports
All users not required to obtain a wastewater discharge
permit shall provide appropriate reports to the Officer as the Officer
may require.
44 4886-2828-9780 v.1
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
monitors at the user’s facility at least once a month, or if the Officer
samples between the user’s initial sampling and when the user
receives the results of this sampling or if the Officer has performed
the sampling and analysis in lieu of the user.
Sec. 11-6-9. Hazardous Waste Discharge; Notification
A. Any user who commences the discharge of hazardous
waste shall notify the POTW, the EPA Regional Waste
Management Division Pretreatment Coordinator, 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 § 261. Such
notification must include the name of the hazardous waste
as set forth in 40 CFR § 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 division need be submitted only once for each
hazardous waste discharged. However, notifications of
changed conditions must be submitted under Section 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 Sections 11-6-1, 11-6-
3 and 11-6-4 of this ordinance.
45 4886-2828-9780 v.1
B. Dischargers are exempt from the requirements of
paragraph A, above, during a calendar month in which they
discharge no more than fifteen (15) kilograms of
hazardous wastes, unless the wastes are acute hazardous
wastes as specified in 40 CFR §§ 261.30(d) and
261.33(e). Discharge of more than fifteen (15) kilograms
of nonacute hazardous wastes in a calendar month, or of
any quantity of acute hazardous wastes as specified in 40
CFR §§ 261.30(d) and 261.33(e), requires a one-time
notification. Subsequent months during which the user
discharges more than such quantities of any hazardous
waste do not require additional notification.
C. In the case of any new regulations under Section 3001 of
RCRA identifying additional characteristics of hazardous
waste or listing any additional substance as a hazardous
waste, the user must notify the Officer, the POTW, the
EPA Regional Waste Management Waste Division
Pretreatment Coordinator, and State hazardous waste
authorities of the discharge of that substance within ninety
(90) days of the effective date of such regulations.
D. In the case of any notification made under this section, the
user shall certify that it has a program in place to reduce
the volume and toxicity of hazardous wastes generated to
the degree it has determined to be economically practical.
E. This provision does not create a right to discharge any
substance not otherwise permitted to be discharged by this
ordinance, a permit issued thereunder, or any applicable
Federal or State law.
Sec. 11-6-10. Analytical and Sampling Standards
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 § 136, and amendments thereto, unless
otherwise specified in an applicable categorical pretreatment
standard. If 40 CFR § 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the EPA
determines that the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question sampling and analyses
shall be performed by using validated analytical methods or any
46 4886-2828-9780 v.1
applicable sampling and analytical procedures, including
procedures suggested by the Officer, the EPA, TCEQ, or other
parties approved by EPA.
Sec. 11-6-11. Sample Collection Techniques
A. Except as indicated in paragraphs B and C of this section,
the User must collect wastewater samples using 24-hour
flow-proportional composite sampling techniques, unless
time-proportional composite sampling or grab sampling is
authorized by the Officer. Where time-proportional
composite sampling or grab sampling is authorized by the
City, the samples must be representative of the discharge.
Using protocols (including appropriate preservation)
specified in 40 CFR Part 136 and appropriate EPA
guidance, multiple grab samples collected during a
24-hour period may be composited prior to the analysis as
follows: for cyanide, total phenols, and sulfides the
samples may be composited in the laboratory or in the
field; for volatile organics and oil and grease, the samples
may be composited in the laboratory. Composite samples
for other parameters unaffected by the compositing
procedures as documented in approved EPA
methodologies may be authorized by the City, as
appropriate. In addition, grab samples may be required to
show compliance with Instantaneous Limits.
B. Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides, and volatile organic compounds must be
obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring
and 90-day compliance reports required in Sections 11-6-
1 and 11-6-3, [40 CFR § 403.12(b) and (d)], a minimum of
four (4) grab samples must be used for pH, cyanide, total
phenols, oil and grease, sulfide and volatile organic
compounds for facilities for which historical sampling data
does not exist; for facilities for which historical sampling
data are available, the Officer may authorize a lower
minimum. For the reports required by Section 11-6-4, (40
CFR §§ 403.12(e) and 403.12(h)), the Industrial User is
required to collect the number of grab samples necessary
to assess and assure compliance with applicable
Pretreatment Standards and Requirements.
47 4886-2828-9780 v.1
Sec. 11-6-12. Submission Date
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. Records Retention
Users subject to the reporting requirements of this chapter
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, and documentation
associated with Best Management Practices established in this
ordinance. 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 the
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.
ARTICLE 11-7. -ADMINISTRATION AND ENFORCEMENT
Sec. 11-7-1. Right of Entry: Inspection and Sampling
A. The Officer and/or the Control Authority, TCEQ, or EPA
or their designated representative(s) 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 the inspecting or sampling
person(s) ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
B. 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
48 4886-2828-9780 v.1
its security guards so that, upon presentation of suitable
identification, City, Control Authority, TCEQ, or EPA
personnel will be permitted to enter without delay for the
purposes of performing specific responsibilities.
C. 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
metering of the user’s operations. All sampling and
analysis performed by the City and/or Control
Authority to monitor compliance shall be at the
expense of the industrial user.
D. The Officer 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.
E. 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 shall not be replaced. The costs
of clearing the access shall be borne by the user.
F. Unreasonable delays in allowing an inspecting or sampling
person access to the user’s premises shall be a violation of
this ordinance.
G. In accordance with 40 CFR § 403, the City shall inspect
and monitor each Significant Industrial User a minimum
of once per year. If the City elects to perform compliance
monitoring for the Significant Industrial User then the City
will monitor the industry a minimum of semiannually.
H. The City shall inspect each NSCIU a minimum of once per
year. If the City elects to perform compliance monitoring
for the NSCIU then the City will monitor the industry a
minimum of one time each permit cycle.
49 4886-2828-9780 v.1
Sec. 11-7-2. Search Warrants
If the Officer and/or Control Authority has been refused or
denied 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 or judicial officer.
Sec. 11-7-3. Confidential Information
Information and data on a user obtained from reports,
surveys, wastewater discharge permit applications, wastewater
discharge permits, and monitoring programs, and from 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 City or Control Authority, that
the release of that information would divulge information,
processes, or methods of production entitled to protection as trade
secrets under applicable State law. Any such request must be
asserted at the time of submission of the information or data. When
requested and demonstrated by the user furnishing a report that the
information should be held confidential, the portions of a report
which might disclose trade secrets or secret processes shall only be
available pursuant to the requirements of the Texas Public
Information Act, but shall be made available immediately upon
request to governmental agencies for uses related to the NPDES or
TPDES 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.
Sec. 11-7-4. Publication of Users in Significant Noncompliance
A. The Officer shall publish annually, in a newspaper of general
circulation that provides meaningful public notice within the
jurisdictions served by the POTW, a list of the users which, at
any time during the previous twelve (12) months, were in
50 4886-2828-9780 v.1
significant noncompliance with applicable pretreatment
standards and requirements.
B. The term Significant Noncompliance shall be applicable to all
Significant Industrial Users (or any other Industrial User that
violates paragraphs (3), (4), or (8) of this paragraph) and shall
mean:
(1) Chronic violations of wastewater discharge limits, defined
here as those in which sixty-six percent (66%) or more of
all the measurements taken for the same pollutant
parameter taken during a six- (6-) month period exceed (by
any magnitude) a numeric Pretreatment Standard or
Requirement, including Instantaneous Limits;
(2) 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 numeric Pretreatment Standard
or Requirement including Instantaneous Limits, multiplied
by the applicable criteria (1.4 for BOD, TSS, fats, oils and
grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a Pretreatment Standard or
Requirement that the Officer or Control Authority
determines has caused, alone or in combination with other
discharges, Interference or Pass Through, including
endangering the health of POTW personnel or the general
public;
(4) Any discharge of a pollutant 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;
(5) Failure to meet, within ninety (90) days of the scheduled
date, a compliance schedule milestone contained in an
individual wastewater discharge permit or enforcement
order for starting construction, completing construction, or
attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due
date, any required reports, including baseline monitoring
reports, reports on compliance with categorical
Pretreatment Standard deadlines, periodic self-monitoring
51 4886-2828-9780 v.1
reports, and reports on compliance with compliance
schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of
Best Management Practices, which the Officer determines
will adversely affect the operation or implementation of
the local pretreatment program.
Sec. 11-7-5. Notification of Violation; User Plan of Action
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 the time frame specified in 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. 11-7-6. Consent Order
The Officer may enter into a Consent Order, assurance of
compliance, or a similar document establishing an agreement with
any User responsible for noncompliance. Such documents shall
include specific action to be taken by the User to correct the
noncompliance within a time period specified by the document.
Such documents shall have the same force and effect as the
administrative orders issued pursuant to Sections 11-7-8 and 11-7-9
of this ordinance and shall be judicially enforceable. Issuance of a
consent order shall not be a bar against, or a prerequisite for, taking
any other action against the User.
Sec. 11-7-7. Show Cause Hearing
The Officer may order a user which has violated or continues to
violate any provision of this ordinance, a wastewater discharge
52 4886-2828-9780 v.1
permit or order issued hereunder, or any other pretreatment standard
or requirement, to appear before the Officer and show cause why the
proposed enforcement action should not be taken. Notice shall be
served on the user specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a
request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt
requested) at least ten (10) days prior to the hearing. Such notice
may be served on any Authorized Representative of the User. A
show cause hearing shall not be a bar against, or prerequisite for,
taking any other action against the user.
Sec. 11-7-8. 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. 11-7-9. Cease-and-Desist Orders
A. When the Officer finds that a user has violated or continues to
violate any provision of this ordinance, a wastewater discharge
permit or order issued hereunder, or any other pretreatment
standard or requirement, or that the user’s past violations are
likely to recur, the Officer may issue an order to the user
directing it to cease and desist all such violations and directing
the user to:
53 4886-2828-9780 v.1
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as
may be needed to properly address a continuing or
threatened violation, including halting operations and/or
terminating the discharge.
B. 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. 11-7-10. Emergency Suspension of Discharge
A. The Officer 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 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.
(1) 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 may
take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent
or minimize damage to the POTW, its receiving stream,
or endangerment to any individuals. The Officer may
allow the user to recommence its discharge when the
user has demonstrated to the satisfaction of the Officer
that the period of endangerment has passed, unless the
termination proceedings in Section 11-7-11 of this
chapter are initiated against the user.
(2) A user that is responsible, in whole or in part, for any
discharge presenting imminent endangerment shall
submit a detailed written statement, describing the
causes of the harmful contribution and the measures
taken to prevent any future occurrence, to the Officer
prior to the date of any show cause or termination
hearing under Sections 11-7-7 or 11-7-11 of this chapter.
54 4886-2828-9780 v.1
B. Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
Sec. 11-7-11. Termination of Discharge
A. In addition to the provisions in Section 11-5-6 of this
ordinance, any user who violates the following conditions is
subject to discharge termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents
and characteristics of its discharge;
(3) Failure to report significant changes in operations or
wastewater volume, constituents, and characteristics
prior to discharge;
(4) Refusal of reasonable access to the user’s premises for
the purpose of inspection, monitoring, or sampling; or
(5) Violation of the pretreatment standards in Sections
11-2-2, and 11-2-9 of this ordinance.
B. Such users will be notified of the proposed termination of its
discharge and be offered an opportunity to show cause under
Section 11-7-7 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.
Sec. 11-7-12. Injunctive Relief
When the Officer finds that a user has violated or continues
to violate any provision of this chapter, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Officer may petition a court of
competent jurisdiction through the City Attorney for the issuance of
a temporary restraining order and 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
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conduct environmental remediation. A petition for injunctive relief
shall not be a bar against, or a prerequisite for, taking any other
action against a user.
Sec. 11-7-13. Remedies Not Exclusive
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. 11-7-14. Applicability of More Stringent Regulations
A. More Stringent Discharge Limits. 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 rules:
(1) If the governmental entity has more stringent discharge
limits than those prescribed by this ordinance, or by a
discharge permit issued hereunder, because the United
States Environmental Protection Agency requires the
more stringent discharge limits as part of the
governmental entity’s wastewater pretreatment
program, the more stringent discharge limits shall
prevail.
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(2) The Officer is authorized to issue a discharge permit to
an industrial user affected by Subsection (1), to ensure
notice of and compliance with the more stringent
discharge limits. If the industrial user already has a
discharge permit, the Officer may amend the permit to
apply and enforce the more stringent discharge
limits. An industrial user shall submit to the Officer an
expected compliance date and an installation schedule
if the more stringent discharge limits necessitate
technological or mechanical adjustments to discharge
facilities or plant processes.
(3) If the Officer chooses not to issue or amend a permit
under Subsection (2), the Officer shall notify the
affected industrial user in writing of the more stringent
discharge limits and their effective date. Regardless of
whether or not a permit is issued or amended, an
industrial user shall be given a reasonable opportunity
to comply with the more stringent discharge limits.
(4) The more stringent discharge limits cease to apply
upon termination of the City’s wholesale wastewater
contract or reciprocal agreement with the
governmental entity, or upon modification or
elimination of the limits by the government entity or
the United States Environmental Protection
Agency. The Officer shall take the appropriate action
to notify the affected industrial user of an occurrence
under this Subsection (4).
C. Variances in Compliance Dates. The Officer may grant a
variance in compliance dates to an industry when, in the
Officer’s opinion, such action is necessary to achieve
pretreatment or corrective measures. In no case shall the
Officer grant a variance in compliance dates to an industry
affected by national categorical pretreatment standards
beyond the compliance dates established by the United
States Environmental Protection Agency or by TCEQ.
D. Authority to Regulate. The Officer may establish
regulations, not in conflict with this chapter or other laws, to
control the disposal and discharge of industrial waste into the
wastewater system and to ensure compliance with the City’s
pretreatment enforcement program with all applicable
pretreatment regulations promulgated by the United States
Environmental Protection Agency. The regulations
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established shall, where applicable, be made part of any
discharge permit issued to an industrial user by the Officer.
Sec. 11-7-15. Affirmative Defenses to Discharge Violations
A. Act of God provision
(1) An event that would otherwise be a violation that is
caused solely by an act of God, war, strike, riot, or
other catastrophe is not a violation.
(2) In an enforcement proceeding, the user seeking to
establish the occurrence of an act of God, war, strike,
riot, or other catastrophe shall have the burden of
proof.
(3) In the event that an act of God, war, strike, riot, or other
catastrophe has been established, the user shall control
production of all discharges to the extent possible until
such time as the reduction, loss, or failure of its
treatment facility is restored or an alternative method
of treatment is provided.
B. Bypass
(1) For the purpose of this section:
(a) “Bypass” means the intentional diversion of
wastestreams from any portion of a user’s
treatment facility.
(b) “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.
(2) 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
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subject to the provision of subsections (3) and (4) of
this paragraph.
(3) Bypass Notifications
(a) 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.
(b) 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 recurrence 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.
(4) Bypass
(a) Bypass is prohibited, and the Officer may take an
enforcement action against a user for a bypass,
unless:
1. The bypass was unavoidable to prevent loss of
life, personal injury, or severe property
damage;
2. There were no feasible alternatives to the
bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or
maintenance during normal periods of
equipment downtime. This condition is not
satisfied if adequate back-up equipment should
have been installed in the exercise of
reasonable engineering judgment to prevent a
bypass which occurred during normal periods
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of equipment downtime or preventive
maintenance; and
3. The user submitted notices as required under
subsection (3) of this paragraph.
(b) 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 subsection (4)(a) of this paragraph.
ARTICLE 11-8-. FEES
Sec. 11-8-1. Pretreatment Charges and Fees; Surcharges
(1). The City may adopt by resolution of the city council
reasonable fees for reimbursement of costs of setting up and
operating the City’s pretreatment program, which may
include:
(a) Fees for wastewater discharge permit applications
including the cost of processing the applications;
(b) Fees for monitoring, inspection, and surveillance
procedures including the cost of collection and analyzing
a user’s discharge, and reviewing monitoring reports
submitted by users;
(c) Fees for reviewing and responding to accidental
discharge procedures and construction;
(d) Fees for filing appeals;
(e) Recovery of administrative and legal costs associated
with enforcement activity taken by the Officer to address
industrial user noncompliance.
(f) Other fees as the City may deem necessary to carry out
the requirements contained herein. These fees relate
solely to the matters covered by this ordinance and are
separate from all other fees, fines, and penalties
chargeable by the City;
(g) Fees for treating abnormal strength wastes; and
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(h) Fees incurred from an upset, bypass, or unauthorized
discharge.
B. Surcharge
(1) The City may surcharge industrial users for the treatment of
abnormal strength wastes. Water or wastes having (1) a five-
day biochemical oxygen demand greater than two hundred
fifty (250) parts per million (ppm) by weight, or (2) containing
more than two hundred fifty (250) parts per million by weight
of total suspended solids, shall be subject to the review and
approval of the Officer. Where the Officer has approved the
admission of (1) and/or (2) above into the POTW, that
discharge may be subject to a surcharge as determined by the
Officer. In no case shall a discharge be accepted that will
prevent the POTW from meeting its NPDES or TPDES limits.
(2) The surcharge will be assessed according to the following
formula each month using the most current pollutant
concentration data and the current month’s 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 domestic wastewater expressed
in milligrams per liter
y = normal limits of TSS in domestic wastewater expressed
in milligrams per liter
a = unit cost of treatment per pound of BOD
b = unit cost of treatment per pound of TSS
(3) 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. Exercise of this provision
shall not be a bar to, or a prerequisite for, taking any other
action against the user.
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ARTICLE 11-9. -VIOLATIONS AND PENALTIES
Sec. 11-9-1. Violations
A violation of provisions of this chapter shall constitute a class C
misdemeanor or civil infraction penalty which shall be filed in the
municipal court of the City of Coppell, with the maximum fines
imposed for any criminal or civil infraction as provided in this
chapter.
Sec. 11-9-2. Penalty
A. Civil Penalties
(1) A user who has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge
permit, or order issued hereunder, or any other
pretreatment standard or requirement, shall be liable to
the City for a maximum civil penalty of One Thousand
Dollars ($1,000) 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.
(2) 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.
(3) In determining the amount of civil liability, the Court
shall take into account all relevant circumstances,
including, but not limited to, the extent of harm caused by
the violation, the magnitude and duration of the violation,
any economic benefit gained through the user’s violation,
corrective actions by the user, the compliance history of
the user, and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against,
or a prerequisite for, taking any other action against a
user.
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B. Criminal Prosecution
(1) A user who violates intentionally, knowingly, recklessly,
or negligently 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) per violation, per day.
(2) A user who intentionally, knowingly, recklessly, or
negligently 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 Section 11-7-
18(1) 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.
(3) 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
falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this
chapter shall, upon conviction, be subject to the same
penalties described in division Section 11-7-18(1) of this
ordinance.
(4) CRIMINAL RESPONSIBILITY. A person is
criminally responsible for a violation of this ordinance if
that person intentionally, knowingly, recklessly, or
negligently:
(a) Commits or assists in the commission of a violation,
or causes or permits another person to commit a
violation, of this chapter; or
(b) Owns or manages the property or facilities
determined to be the cause of the illegal discharge
under Sections 11-2-2, 11-2-3, 11-2-4, 11-3-6, or
11-4-2 of this chapter.
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ARTICLE 11-10.- APPEALS
Sec. 11-10-1. Right to Appeal
A. Any user who is aggrieved concerning any enforcement action
under this chapter by a decision of the administrative decision of
an officer may within five (5) business days appeal that decision
to the Director of Public Works.
B. The Director of Public Works shall conduct a hearing on such
appeal as soon as practicable, but in no event shall such hearing
shall be held later than five (5) business days after receiving
notice of appeal.
C. An appeal shall not stay any enforcement proceedings or orders
issued under this chapter.”
SECTION 2. If any section, paragraph, sentence, subdivision, clause, phrase or provision of
this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole or any part or provision hereof other than the part so decided
to be unconstitutional, illegal, or invalid and shall not affect the validity of the remainder of this
ordinance or any other provision of the Code of Ordinances of the City of Coppell.
SECTION 3. That all ordinances of the City of Coppell in conflict with the provisions of
this ordinance be and the same are hereby repealed and all other ordinances of the City of Coppell
not in conflict with the provisions of the ordinance shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances of the City of Coppell, as amended, in
effect when the offense was committed and the former law is continued in effect for this purpose
SECTION 5. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the City of Coppell, Texas as heretofore amended, and upon conviction shall be punished by a fine
not to exceed the sum of two thousand dollars ($2000.00) for each offense.
SECTION 6. That this chapter as adopted shall be in full force and effective from and after
the date upon final acceptance
DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS ON THIS THE \2°“DAY OF_N) palo _ 2024,
APPROVE ASX
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