HomeMy WebLinkAbout1998-O-11 - Amending Chapter 19 of the Code of OrdinancesORDINANCE NO. 1998-11
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE
CITY OF STEPHENVILLE; DEFINING TERMS THEREIN USED; REGULATING THE
DISPOSAL OF WASTE AND SEWAGE; MAKING PROVISIONS FOR THE HANDLING
AND TREATMENT OF WASTE BY DOMESTIC AND INDUSTRIAL USERS OF THE
WASTE DISPOSAL SYSTEM OF THE CITY OF STEPHENVILLE; PROVIDING FOR
PERMITS BY INDUSTRIAL USERS AND PROVIDING FOR INSPECTION BY THE CITY
OF STEPHENVILLE AND FIXING PENALTIES FOR THE VIOLATION OF THE
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE
That Chapter 19 of the Code of Ordinances of the City of Stephenville is hereby
amended as follows:
CIO0;4(
WATER, SEWERS, SEWAGE DISPOSAL
Chapter 19
WATER, SEWERS AND SEWAGE DISPOSAL
Art. I. In General, § § 19-1 - 19-10
Art. II. Discharge of Wastes, § § 19-11 - 19-37
ARTICLE I. IN GENERAL
Sec. 19-1. Opening water meter box.
It shall be unlawful for any person other than a duly authorized city employee to opena
city water meter box, such city water meter box being the closed box which houses the meter
measuring the water to each city water user and consumer. (Rev. Ords. 1958, Art. 374)
Secs. 19-2 - 19-10. Reserved.
ARTICLE II. DISCHARGE OF WASTE
Sec. 19-11. Definitions.
The following terms, as used in this article, shall have the meanings hereinafter designated:
(1) Act: The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
(2) Approval Authority: The term Approval Authority means the Director in an
NPDES State with an approved State pretreatment program and the appropriate
Regional Administrator in a non-NPDES State or NPDES State without an
approved State pretreatment program.
(3) Authorized Representative of the Industrial User:
A. If the industrial user is a corporation, authorized representative shall mean:
1. 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;
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2. the manager of one or more manufacturing, production, or
operation facilities employing more than 250 persons or having
!!! gross annual sales or expenditures exceeding $25 million (in second-
quarter 1980 dollars), if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate
procedures;
B. If the industrial user is a partnership, or sole proprietorship, an authorized
representative shall mean a general partner or proprietor, respectively;
C. If the industrial user is a Federal, State or local governmental facility, an
authorized representative shall mean a director or highest official appointed
or designated to oversee the operation and performance of the activities of
the governmental facility, or his/her designee;
D. The individuals described in paragraphs 1-3 above may designate another
authorized representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of
the facility from which the discharge originates or having overall
responsibility for environmental matters for the company, and the written
authorization is submitted to the City of Stephenville.
(4) BOD: The quantity of oxygen, expressed in parts per million by weight
(milligrams per liter), utilized in the biochemical oxidation of organic matter under
standard laboratory conditions for five (5) days at a temperature of twenty (20)
degrees Celsius. The laboratory determinations shall be made in accordance with
procedures set forth in 40CFR136.
(5) Building drain: That part of the lowest horizontal piping of a drainage system
which receives the discharge from waste, and other drainage pipes inside the walls
of the building and conveys it to the building sewer, beginning three (3) feet
outside the inner face of the building wall.
(6) Building sewer: The extension from the building drain to the public sewer or other
place of disposal.
(7) Categorical Pretreatment Standard or Pretreatment Standard: Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with
section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific
category of Industrial Dischargers. (Located in 40 CFR Chapter I, Chapter N.)
(8) City: The City or City Council of Stephenville, Texas, or any authorized person
acting in its behalf.
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(9) Composite Sample: The sample resulting from the combination of individual
wastewater samples taken at selected intervals based on an increment of either flow
or time.
(10) Control Authority: The department designated by the City to supervise the
operation of its publicly owned treatment works and that is charged with certain
duties and responsibilities by this article, or any duly authorized representative of
that designated department.
(11) Cooling water: The water discharged from any system of condensation such as air
conditioning, cooling, refrigeration or water used as a coolant in cooling towers
where the only pollutant is thermal.
(12) Discharge: The introduction or addition of any waste, wastewater, or other
substance into the POTW.
(13) Discharger: Any person who discharges or introduces anything other than normal
domestic sewage into the POTW. The term includes owners and/or occupants of
the premises connected to and discharging waste or wastewater into the POTW.
(14) Domestic sewage: Water -borne wastes normally discharged from the sanitary
conveniences of dwellings (including apartment houses and hotels), office
buildings, factories, and institutions, free from storm and surface waters and
industrial wastes.
(15) Environmental Protection Agency or EPA: The United States Environmental
Protection Agency, or where appropriate, the term may also be used as a
designation for the Administrator of EPA or other duly authorized official of EPA.
(16) Garbage: Solid wastes and residue from the preparation, cooking, and dispensing
of food, and from the handling, storage, and sale of food products and produce.
(17) Grab Sample: A sample which is taken from a waste stream on a one-time basis
without regard to the flow in the waste stream and without consideration of time.
(18) Grease: Fatty acids, soaps, fats, waxes, petroleum products, oil, and any other
material which is extractable by hexane or freon solvent from an acidified sample,
and which is not volatilized during evaporation of the solvent.
(19) Grease trap: A device by which the grease content of sewage may be cooled and
congealed so that it may be skimmed from the surface.
(20) Indirect discharge: The discharge or the introduction of Industrial Waste into a
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(21) Industrial Discharger: Any person who discharges or introduces an Industrial
Waste into a POTW.
(22) Industrial waste: Water -borne solids, liquids, or gaseous wastes resulting from and
discharged, permitted to flow, or escaping from any industrial, manufacturing, or
food -processing operation or process, or from the development of any natural
resource, or any mixture of these, with water or domestic sewage. (The term is
generally synonymous with "non -domestic waste.")
(23) Interference: A discharge which, alone or in conjunction with a discharge or
discharges from other sources, both:
(A) Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use or disposal; and
(B) Therefore, is a cause of a violation of any requirement of the POTW's
NPDES permit (including an increase in the magnitude or duration of a
violation) or of the prevention of sewage sludge use or disposal in
compliance with the following statutory provisions and regulations or
permits issued thereunder (or more stringent State or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including Title II, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA) , and including State regulations
contained in any State sludge management plan prepared pursuant to
Subtitle D of the SWDA) , the Clean Air Act, the Toxic Substances Control
Act, and the Marine Protection, Research and Sanctuaries Act.
(24) Liquid Waste hauler: Any person who transports wastewater beyond the site of
origin within the City.
(25) Maximum Allowable Discharge Limit: The maximum concentration (or loading)
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.
(26) mg/L: Milligrams per liter.
(27) National Pollution Discharge Elimination System (NPDES) Permit: A permit issued
pursuant to Section 402 of the Act (33 U.S.C. 1342) which regulates discharges
to "Waters of the State."
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(28) Natural outlet; Any outlet into a watercourse, pond, ditch, lake or other body of
surface or ground water.
(29) New Source:
(A) Any building, structure, facility or installation from which there is
or may be a discharge of pollutants, the construction of which
commenced after the publication of proposed Pretreatment
Standards under Section 307(c) of the Act which will be applicable
to such source if such standards are thereafter promulgated in
accordance with that section, provided that:
(1) The building, structure, facility or installation is constructed
at a site at which no other source is located; or
(2) The building, structure, facility or installation totally
replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
(3) 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.
(B) 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.
(C) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(1) Begun, or caused to begin as part of a continuous on -site
construction program
(a) Any replacement, assembly, or installation of
facilities or equipment, or
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(b) Significant site preparation work including clearing,
excavation, or removal of existing buildings,
structures, facilities which is necessary for the
placement, assembly, or installation of new source
facilities or equipment; or
(2) Entered into a binding contractual obligation for the
purchase of facilities or equipment which are intended to be
used in its operation within a reasonable time. Options to
purchase or contracts which can be terminated or modified
without substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute a
contractual obligation under this paragraph.
(30) Non -contact cooling water: Water used for cooling which does not come into
direct contact with any raw material, intermediate product, waste product, or
finished product.
(31) Normal domestic sewage: Domestic sewage in which the average concentration of
suspended solids and five-day BOD are at two hundred and twenty-five (225) parts
per million (milligrams per liter) each, or lower.
(32) Owner or Occupant: Any person using the lot, parcel of land, building, or premises
connected to and discharging sewage into the POTW, and who pays, or is legally
responsible for the payment of, water rates or charges made against the said lot,
parcel of land, building or premises, if connected to the water distribution system
of the City, or who would pay or be legally responsible for such payment if so
connected.
(33) Parts per million: A weight -to -weight ratio also expressed as milligrams per liter;
the parts per million value, multiplied by the factor eight and three hundred
forty-five thousandths (8.345) shall be equivalent to pounds per million of water.
(34) Pass Through: The discharge of pollutants through the POTW into Waters of the
State 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 POTW's NPDES or TNRCC permit or any discharge permit issued by the
State.
(35) Permit or Discharge Permit: A wastewater discharge permit issued to a Significant
Industrial Discharger to allow a discharge into the POTW.
(36) Person: Any person, natural or artificial, including any individual, firm, company,
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partnership, trust, estate, municipal or private corporation, association,
governmental agency or other entity, or their representatives, agents, servants or
employees.
(37) pH: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration
expressed in grams per liter of solution. It shall be determined by one of the
procedures outlined in 40CFR136.
(38) Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of
the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, Chemical
Oxidation Demand (COD) toxicity, odor).
(39) POTW treatment plant: That portion of the POTW designed to provide treatment
to wastewater.
(40) Pretreatment or treatment: The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration can be
obtained by physical, chemical, or biological processes, or process changes or
other means, except as prohibited by 40 CFR Section 403.6(d).
(41) Pretreatment Requirement: Any substantive or procedural requirement related to
pretreatment imposed on a Discharger by this Ordinance, by State statute or
regulation, or by a Categorical Pretreatment Standard.
(42) Pretreatment Standard or Standards: Pretreatment standards shall mean prohibitive
discharge standards, categorical pretreatment standards, and local limits.
(43) Properly shredded garbage: Garbage that has been shredded to such a degree that
all particles shall be carried freely under the flow conditions normally prevailing
in the sewer, with no particle, greater than one-half (1/2) inch in any dimension.
(44) Public sewer: A sewer in which all owners of abutting properties have equal rights
and interest, and which is controlled by public authority.
(45) Publicly -Owned Treatment Works (POTW): A treatment works, as defined by
Section 212 of the Act, which is owned by the City. This definition includes any
sewers that convey wastewater to the POTW treatment plant, but does not include
pipes, sewers or other conveyances not connected to a facility providing treatment.
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For the purposes of this ordinance, "POTW" shall also include any sewers that
convey wastewaters to the City's sewage collection and treatment system from
_' persons outside the City who are, by contract or agreementwith the City, users of
the City's
sewage collection and treatment system. This definition also includes any public
sludge disposal sites or public sludge handling or treatment structures or
equipment.
(46) Sewage: The liquid and water -carried industrial or domestic wastes from dwellings,
commercial buildings, institutions, and/or industrial facilities, together with such
ground, surface, and storm water as may be present, whether treated or untreated,
which is discharged or permitted to enter the POTW.
(47) Sewage service charge: The charge made on all users of the public sewer system
whose wastes do not exceed in strength the concentration values established as
representative of normal domestic sewage.
(48) Sewer or sanitary sewer: A pipe or conduit for conveying sewage, and into which
storm, surface, and ground waters are not intentionally admitted.
(49) Shall - Is mandatory: May - Is permissive.
(50) Significant Industrial Discharger: All industrial users subject to Categorical
Pretreatment Standards under 40CFR403.6 and 40CFR Chapter I, subchapter N;
and any other industrial user that discharges an average of 25,000 gallons per day
or more of process wastewater to the POTW (excluding sanitary, non -contact
cooling and boiler blowdown wastewater); contributes a process wastestream which
makes up 5 percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or is designated as such by the Control
Authority as defined in 40CFR403.12(a)on the basis that the industrial user has a
reasonable potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement (in accordance with 40CFR403.8(f)(6)).
(51) Slugload: Any substance released ina discharge at a rate and/or concentration which cause
interference to a POTW.
(52) Standard Industrial Classification (SIC): A classification pursuant tothe Standard Industrial
Classification Manual issued by the Executive Office of the President, Office of
Management and Budget.
(53) Standard Methods: The examination and analytical procedures setforth in the latest edition
of "Standard Methods for the Examination of Water and Sewage" as prepared, approved
and published jointly by the American Public Health Associationthe American Waterworl6
Association and the Water Pollution Control Federation.
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(54) State: State of Texas, including the Texas Natural Resources Conservation Commission
("TNRCC") or any duly -authorized agency thereof having jurisdiction
over Waters of the State, sewage collection or treatment, or municipal sewage sludge
disposal.
(55) Storm sewer or storm drain: A pipe or conduit for conveying storm and surdce waters and
drainage, and from which domestic sewage and industrial waste is excluded.
(56) Storm water: Any flow occurring during or following any form of natural preipitation and
resulting therefrom.
(57) Surcharge: The charge, in addition to the sewage service charge, which is made on those
persons whose wastes are greater in strength than the concentration values established as
representative of normal domestic sewage.
(58) Suspended solids: Solids that either float on the surface of or are in suspension in water,
sewage or other liquids, and which are removable by laboratory filtration. Quantitative
determination of suspended solids shall be expressed in parts per million by weight
(milligrams per liter) and made in accordance with procedures set forth in 40CFR136.
(59) Toxic pollutant: Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Administrator of the Environmental Protection Agency under the
provisions of the Clean Water Act, Section 307(a), or other legislation.
(60) Upset: Any exceptionalincident in which a Discharger unintentionally and temporarily fag
to comply with the standards established in this ordnance or with the Discharger's permit,
due to factors beyond tle reasonable control of the Discharger, excluding non-compliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation thereof.
(61) Wastewater: The liquid and water -carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and/or institutions, together with such ground,
surface, and storm water as may be present, whether treated or untreated, which is
discharged, treated, stored, and/or disposed of.
(62) Water of the State: The water of the ordinary flow, underflow, and tides of every flowing
river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the
storm water, floodwater, and rainwater of every river, natural stream, canyon, ravine,
depression, and watershed in the State.
(63) Watercourse: A channel in which a flow of water occurs, either continuously or
intermittently.
(64) Work day: When used in conjunction with the determination of a Significant Industrial
Discharger, the term means any day, or portion thereof, when the Discharger is providing
any service or producing its product or any part of its product line, or othervee generating
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non -domestic wastewaters that may be discharged to the POTW. All other usmf this term
shall mean any day a non -domestic wastewater discharge occurs.
(65) Abbreviations:
The following abbreviations shall have the designated meanings:
* BOD -
* CFR -
* COD -
* EPA -
* gPd -
* L
* mg -
* mg/L -
* NPDES-
* O&M -
* POTW -
* RCRA -
* SIC -
* SWDA-
* TSS -
* USC -
Biochemical Oxygen Demand
Code of Federal Regulations
Chemical Oxygen Demand
U.S. Environmental Protection Agency
Gallons Per Day
Liter
Milligrams
Milligrams per Liter
National Pollutant Discharge Elimination System
Operation and Maintenance
Publicly Owned Treatment Works
Resource Conservation and Recovery Act
Standard Industrial Classifications
Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
Total Suspended Solids
United States Code
Sec. 19-12. Policy, purposes and applicable regulations.
(A) This Ordinance provides for prohibitions on discharges of certain substances into the POTW
of the City from all sources, domestic, commercial,or industrial. A further purpose of this Ordinance is
to set forth uniform requirements for industrial Dischargers into the POTW and to enable the Control
Authority to protect the public health in conformitywith all applicable state and federal laws relating thereto
(B) The objectives of this Ordinance are:
(1) To prevent the introduction of pollutants into the POTW which will interfere with
the normal operation of the POTW or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants intothe POTW which will pass through
the POTW, inadequately treated, into receiving waters or the atmosphere or
otherwise be incompatible with the system;
(3) To improve the opportunity to recycle or reclaim the wastewater and to &pose of,
recycle, or reclaim the sludge generated by the POTW;
(4) To protect POTW personnel who may be affected by eastewater and sludge in the
course of their employment and to protect the general public;
(5) To provide for fees for the equitable distribution of the cost of operation,
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maintenance and improvement of the POTW; and
(6) To enable the City of Stephenville to comply with its NPDES permit conditions,
sludge use and disposal requirements and any othe Federal or State laws to which
the POTW is subject.
(C) The regulation of discharges into the POTW under this Ordinance shall be accomplished
through the issuance of permits, as specified herein, and by monitoring and inspection of facilities, accordip
to this Ordinance.
(D) Parts of this ordinance are enacted pursuant to regulations established by the U.S.
Environmental Protection Agency (EPA). All Categorical Pretreanent Standards, lists of toxic pollutants,
industrial categories, and other standards and categories which have been promulgated by the EPA are
incorporated as a part of this Ordinance, as are EPA regulatimrs regarding sewage pretreatment established
pursuant to the Clean Water Act. The City shall naintain current standards and regulations which shall be
available for inspection and copying.
(E) The City shall have the authority to promulgate such administrative egulations as are from
time to time necessary for the implementation and enforcement of this Ordinance. Public notice of any sde
proposed regulations shall be published in a newspaper of general circulation in the City at least 14 days
prior to promulgation. After such notice, the City shall give interested persons an opportunity to submit
written data, views or arguments, with or without opportunity fororal presentation. After consideration of
the relevant matter presented, in conjunction with any regulation adopted, the City shall prepare a concise
general statement of the basis and purpose of the regulation.
(F) The City of Stephenville has developdl and implemented procedures to ensure compliance
with the requirements of a Pretreatment Program, including random sampling and analysis of the effluent
from industrial users and conducting surveillanceactivities in order to identify, independent of information
supplied by industrial users, occasbnal and continuing non-compliance with pretreatment standards. Each
Significant Industrial User will be inspected and samples collected and analyzed at least once a year. The
City will also evaluate, at least once every year during the annual inspection, whether each Significant
Industrial User needs a plan to control slug discharges.
Sec. 19-13. Admission of industrial wastes into the public sewers.
(A) Approval required: Review and acceptance of the Control Authority, pursuant to section
19-24 of this Ordinance, shall be obtained prior to the discharge into the POTW of any wastev4ers having:
(1) A five-day, twenty (20) degreesCelsius biochemical oxygen demand (BOD) greats
than two hundred and twenty-five (225) parts per million, and/or
(2) Suspended solids containing greater than two hundred and twenty-five (225) parts
per million.
(B) Pretreatment: The Control Authority may require a Discharger to install, at the
Discharger's expense, preliminary treatment or processingfacilities as may be necessary to prevent: (1) Pas
through; (2) Interference; (3) a violation of the Discharger's Categorical Pretreatment Standards; (4) any
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general or specific discharge prohibition contained in this Ordinance; (5) any adverse effect on the health
and safety of personnel maintaining and operating the POTW; and (6) any unreasonable adverse effect on
the POTW.
(C) Grease, oil and sand interceptors: Grease, oil and sand interceptors shall be provided for
the proper handling of liquid wastes containing grease in amounts that right obstruct or otherwise interfere
with the operation of the POTW, or any fhmmable wastes, sand, or other harmful ingredients; except that
such interceptors shall not be required forprivate living quarters or dwellings. All interceptors shall be of
a type and capacity approved by the Control Authority and shall be located so as to be readily and easily
accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious
materials capable of withstanding abrupt aid extreme changes in temperature. They shall be of substantial
construction, watertight, and equipped with easily removable covers whih shall be gastight and watertight.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense in
continuously efficient operation at all times. (Ord. of 4-3-79, § 2) Owners shall keep complete records of
all cleaning and maintenance of interceptors. A record copy of the invoice for an3cleaning or maintenance
is to be forwarded to the Control Authority bythe disposal facility. If necessary, the Control Authority maj
establish and require specific interceptor cleaning frequencies for individual owners to be in compliance.
Sec. 19-14. Prohibited discharges.
(A) No person shall discharge or cause to be discharged into the POTW, either directly or
indirectly, any waste, wastewater, or other substance which will cause interference with th
operation or performance of the POTW.
(B) No person shall discharge or cause to be discharged into the POTW, either directly or
indirectly, any of the following described substances, waste, or wastewater;
(1) Pollutants which create a fire or explosive hazard in the municipal wastewater
collection and POTW, including, but not limited to, wastestreamswith a closed -cup
flashpoint of less than 1401F (60°C) using the test methods specified in 40 CFR
261.21.
(2) Any wastewater having a pH less than 5.0 or more than 11.0, or otherwise casing
corrosive structural damage to the POTW or equipment, or endangering City
personnel.
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in
the POTW resulting in interference, but in no case solids greater than one-half (1/3
inch in any dimension.
(4) Any wastewater containing pollutants, including oxygen demanding pollutants
(BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with oher pollutants, will cause interference
with either the POTW or any wastewater treatment or sludge process, or which wil
constitute a hazard to humans or animals.
(5) Any wastewater having a temperature greater than 150F (65,C), or which will
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inhibit biological activity in the treatment plant resulting in interference, but in no
case wastewater which causes the temperature at the introduction into the tretment
plant to exceed 104°C (400C).
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass through.
(7) Any pollutants which result in the pesence of toxic gases, vapors or fumes within
the POTW in a quantity that may cause acute worker health and safety problems.
(8) Any trucked or hauled pollutants, except at discharge points designted by the City
of Stephenville in accordance with Section 19-17.
(9) Any noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a public
nuisance, a hazard to life, or b prevent entry into the sewers for maintenance and
repair.
(10) Any 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 theeby violating
the City of Stephenville's NPDES permit. Color (in combination with turbidity)
shall not cause the treatment plant effluent to reduce thedepth of the compensation
point for photosynthetic activity by more than 10 percent from the seasonably
established norm for aquatic life.
(11) Any wastewater containing any radioactivewastes or isotopes except as specifical�
approved by the Contrd Authority in compliance with applicable State or Federal
regulations.
(12) Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized water, non -
contact cooling water, and unpolluted industrial wastewater, unless specifically
authorized by the Control Authority.
(13) Any sludges, screenings, or other residues from the pretreatment of industrial
wastes.
(14) Any medical wastes, except as specifically authorized by the Control Authority in
a wastewater discharge permit.
(15) Any wastewater causing the treatment plant's effluent to fail a toxicity test.
(16) Any wastes containing detergents, surface active agents, or ether substances which
may cause excessive foaming in the POTW.
(17) Any discharge of fats, oils, or greases of animal or vegetable origin is limited to
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100 mg/L.
(18) Any cyanide greater than two and six -hundredths (2.06) parts per million, as CN
(Total).
(19) Any chromium greater than twenty and nine -hundredths (20.9) parts per million
as Cr (Total).
(20) Any arsenic greater than forty-one thousandths (0.041) parts per million.
(21) Any copper greater than two (2.00) parts per million.
(22) Any nickel greater than eleven and eighty-nine hundredths (11.89) parts per
million.
(23) Any cadmium greater than one and forty-seven hundredths (1.47) parts per million
(24) Any zinc greater than three and thirty-eight hundredths (3.38) parts per million.
(25) Any lead greater than four and fifty-seven hundredths (4.57) parts per million.
(26) Any mercury greater than two -thousandths (0.0002) part per million.
(27) Any selenium greater than fifty-eight hundredths (0.58) part per million.
(28) Any silver greater than one and two -hundredths (1.02) parts per million.
(C) Wastes prohibited by this section shall not be processed or stored in such a manner that
they could be discharged to the POTW. All floor drains located in process or materials storage areas
must discharge to the industrial user's pretreatment facility before connecting with the POTW.
(D) No person shall discharge, or cause to be discharged, any storm water, groundwater,
roof runoff, subsurface drainage, downspouts, yard drains, yard fountains, ponds, or lawn sprays into
any sanitary sewer. Storm water and all other such unpolluted drainage water shall be discharged to
such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Control
Authority.
(E) No wastewater may be discharged into any storm sewer within the City.
(F) No wastewater may be discharged into any Waters of the State within the City, unless
expressly authorized by the Texas Natural Resources Conservation Commission and the EPA.
(G) No person shall discharge, or cause to be discharged into the POTW any wastewater or
other wastes containing:
(1) Free or emulsified oil and grease, or combinations thereof, exceeding on
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analysis an average of one hundred (100) parts per million (833 pounds per
million gallons) of either or both, if in the opinion of the Control Authority it
appears probable that such wastes:
a. Will deposit grease or oil in the sewer lines in such a manner to clog the
sewers;
b. Will overload skimming and grease -handling equipment;
Will not be amenable to bacterial action and will therefore pass to the
receiving water without beinq affected by normal sewage treatment
processes; or
d. Will have deleterious effect on the treatment process due to the excessive
quantities.
(H) If the Control Authority determines that any persons discharging, or causing to be discharges(
to the POTW any wastewater, or other substance in violation of the prohibitions in this Section 19-14, the
Control Authority may take enforcement action pursuant to Section 19-25 of this Ordinance.
Sec. 19-15. Special rules relating to industrial dischargers.
(A) Compliance with standards:
(1) Upon the promulgation of the Categorical Pretreatment Standards for a particular
industrial subcategory, the federal standard, if more stringent than limitations
imposed under this Ordinance for sources in that subcategory, shall immediately
supersede the limitations imposed under this Ordinance.
(2) State requirements and limitations on discharges to the POTW shall be met by all
Dischargers which are subject to such standards in any instance in which they are
more stringent than federal requirements and limitations or those in this or any
other applicable ordinance.
(3) No Discharger shall increase the use of process water or in any other way attempt
to dilute a discharge as a partial or complete substitute for adequate treatment to
achieve compliance with the Pretreatment Requirements set forth in this Ordinance
(4) The Control Authority may impose mass limitations on Dischargers where the
imposition of mass limitations is deemed appropriate.
(B) Slugloads or Accidental Discharges:
(1) For purposes of this subsection, a slug discharge is any discharge of a non -routine,
episodic nature, including but not limited to an accidental spill or a non -customary batch discharge. The
results of such activities shall be available to the Approval Authority upon request. If the POTW decides
that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
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(a) Description of discharge practices, including non -routine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate the prohibition under
40CFR403.5(b), with procedures for follow-up written notification within five
days;
(d) If necessary, procedures to prevent adverse impact from accidental spills,
including inspection and maintenance of storage areas, handling and transfer of
materials, loading and unloading operations, control of plant site run-off, worker
training, building of containment structures or equipment, measures for
containing toxic organic pollutants (including solvents) and/or measures and
equipment for emergency response.
(2) Prevention of accidental discharges: Each Discharger shall provide prudent
protection from accidental discharge of prohibited materials or other substances
regulated by this Ordinance. Where necessary, facilities to prevent accidental
discharge of prohibited materials shall be provided and maintained at the
Discharger's cost and expense. When appicable, detailed plans showing facilities
and operating procedures to provide this protection shall be submitted to the
Control Authority for review, and shall be approved by the Control Authority
before construction of the facility. Each existing Discharger as designated by the
Control Authority shall complete its plan and submit same to the Control Aithority
within 60 days after the effective date of this Ordinance. No designatedlischarger
proposing to connect or contribute any wastewater to the PQ W after the effective
date of this Ordinance shall be permitted to introduce pollutants into the system
until accidental discharge protection procedures have been approved by the Contrb
Authority. Review and approval of such plans and operating procedures by the
Control Authority shall not relieve the Discharger from the responsibility to modif
its facility as necessary to meet the requirements of this Ordinance.
(3) Notice of accidental discharges or "slugloads":
a. Dischargers shall notify the Control Authority orally as soon as practickle
but not later than within 24 hours following the occurrence of a"slugload"
or accidental discharge of substances prohibited by this Ordinance. The
notification shall include location of discharge date and time thereof, type
of waste, concentration and volume, and corrective actions.
b. A written report shall also be provided within 5 days of the occurrence.
The written report shall containa description of the non-compliance and is
cause; the period of non-comlfiance, including exact dates and times, and
if the non-compliance has not been corrected, the anticipated time it is
expected to continue; and steps talen or planned to reduce, eliminate, and
prevent reoccurrenceof the non-compliance. The Control Authority may
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waive the written report on a case -by -case basis f the oral report has been
received within 24 hours.
c. Notification shall not relieve the Discharger of any expense,loss, damage,
or other liability which may be incurred as a result of damage to the
POTW, fish kills, or any other damage to person or property; nor shall
such notification relieve the Discharger of any fines, civil penalties, or
other liability which may be imposed by this article or other applicable law
(4) Liability due to accidental discharges or "slugloads": Any Discharger who
discharges "slugloads" or prohibited materials shall be liable, pursuant to Section
19-29 of this Ordinance, for any expense, loss, or damage to the POTW caused
thereby, in addition to the amount of any fines imposedon the Control Authority
on account thereof under State and Federal law.
(5) Instructions to Employees: Each employer shall instruct all applicable employees
who may cause or discover such a discharge with respect to emergency notificatin
procedures including the proper telephone Lumber and/or extension number of the
Control Authority to be notified.
(C) Bypass.
(1) (a) "Bypass" means the intentionaldiversion of wastestreams from any portion of
an industrial user's treatment facility.
(b) "Severe property damage" means substantial physical damage to property,
damage to the treatment facilities which cause 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) An industrial 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. Tlese bypasses are not subject
to the provision of paragraphs (3) and (4) of this section.
(3) (a) If an industrial user knows in advance ofthe need for a bypass, it shall submit
prior notice to the POTW, at least ten days before the date ofthe bypass if possible.
(b) An industrial user shall submit oral notice of an unanticipated bypass that
exceeds applicable pretreatment standards to the POTW within 24 hours from the
time it becomes aware of the bypass A written submission shall also be provided
within 5 days of the time the industrial 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
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planned to reduce, eliminate, and prevent re -occurrence of the bypass. The POW
may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
(4) (a) Bypass is prohibited and the POTW may take enforcement action against an
industrial user for a bypass, unless;
(i) Bypass was unavoidable to prevent loss of life, persmal injury, or
severe property damage;
(ii) 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 equipmert downtime. This
condition is not satisfied if adequate back-up equipment should
have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventative maintenance; and
(iii) The industrial user submitted notices as required under paragraph
(3) of this section.
(b) The POTW may approve an anticipated bypass, after considering its
adverse effects, if the POTW determines that it will meet the three
conditions listed in paragraph (4) (a) of this section.
Sec. 19-16. Wastewater Discharge permits.
(A) It shall be unlawful for any Significant Industrial Discharger to discharge to the PJTW any
wastewater without a permit issued by the Control Authority in accordance with the provisions of this
Ordinance.
(B) All Significant Industrial Dischargers proposing to connect to or to contribute to the POW
shall obtain a Wastewater Discharge Permit before connecting to or contributing to the POTW. All existig
Significant Industrial Dischargers connected toor contributing to the POTW shall obtain a Discharge Perna
within 120 days after the effective date of this Ordinance.
(C) Permit Application: All Significant Industrial Dischargers shall complete and file with the
Control Authority an application in the form prescribed by the Control Authority. Existing Significant
Industrial Dischargers shall apply for a Discharge Permit within 60 days after the effective date of this
Ordinance, and proposed new Significant Industrial Dischargers shall apply at least 60 days prior to
connecting to or contributing to the POTW. No Significant Industrial Discharger shall be permitted to
discharge if it fails to submit a completed Discharge Perinit Application within the specified time. In support
of the application, the Discharger shall submit, inunits and terms appropriate for evaluation, the following
information:
(1) Name, address, and location, (if different from the address);
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(2) SIC number according to the Standard Indtstrial Classification Manual, Bureau of
the Budget, 1972, as amended;
(3) Wastewater constituents and characteristics including but not limited to those
mentioned in Sections 19-13 and 19-14 of this Ordinance as determined bya
reliable analytical laboratory; sampling and analysis shall be performed in
accordancewith procedures established by the EPA pursuant to Section 304(g) of
the Act and contained in 40 CFR, Part 136, as amended;
(4) Time and duration of contribution;
(5) Daily maximum, daily average, and monthly average wastewater flow rates,
including daily, monthly and seasonal variations if any;
(6) Site plans, floor plans, plumbing plans and details to show all sewers,floor drains,
sewer connections, and appurtenances by the size, location, and elevation;
(7) Description of activities, facilities, and plant processes on the premises, including
a list of all raw materials and chemicals used at the facility which are or could
accidentally or intentionally be discharged to the POTW;
(8) Wastewater constituents and characteristics, including any pollutants in the
discharge which are limited by any City, State, or Federal Pretreatment
Requirements, and a statement regarding whether or not the Pretreatment
Requirements are being met on a consistent basis and if not, whether additional
Operation and Maintenance (O&M) and/or additional pretreatment is required for
the Discharger to meet applicable Pretreatment Requirements;
(9) If additional pretreatment and/or O&M willbe required to meet the Pretreatment
Requirements; the shortest time schedule bywhich the Discharger will provide suds
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 -
Requirement:
The following conditions shall apply to,this schedule:
a. The schedule shall contain incements of progress 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
Discharger to meet the applicable Pretreatment Requirements (e.g., hiring
an engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction,
completing construction, etc.).
b. No increment referred to in paragraph (a) shall exceed 9 maths, nor shall
the total compliance period exceed 18 months.
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01J1SCZ,
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C. Not later than 14 days following each date in the schedule and the final dai
for compliance, the Discharger shall submit a progress report to the
Control Authority including, as a minimum, whether or not it complied
with the increment of progress to be met m such date and, if not, the date
on which it expects to comply with this increment of progress, the reason
for delay, and the steps being taken by the Discharger to return the
construction to the schedule established. In no event shall more than9
months and 14 days elapse between such progress reports to the Control
Authority.
(10) Any other information as may be deemed by the Control Authorityto be necessary
to evaluate the permit application.
(11) The person signing the application shall make the following certification:
I certify under penalty of law that this document and all attachments pare 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 forgathering the information, the information is, to tle
best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possiblility of fine and imprisonment for knowing violations.
(D) Action on the permit application: The Control Authority will evaluate the completed
application and data furnished by the Discharger and may require additional information within 60 days.
After evaluation of the completed application and acceptance of the data furnished, the Control Authority
shall issue or deny a Discharge Permit. If the Permit is issued, it shall be subject to terms and conditions
provided herein. If the Application is denied, the applicant shall be notified in writing within 301ays of the
reasons for such denial. If denial is based on theControl Authority's determination that the applicant canno
meet the Pretreatment Requirements specified in this Ordinance, the Control Authority may specify that
additional pretreatment operations will be requiredof the applicant in compliance with Section 19-16(C)(9)
of this Ordinance.
(E) Permit Conditions. Wastewater Discharge Permits shall be subject to all provisions of this
Ordinance and all other applicable regulations, industrial waste surcharges, and fees established by the-ity.
Permits may contain, but shall not be limited to, the following:
(1) Limits on the average and maximum wastewater constituents and characteristics;
(2) Limits on average and maximum rateand time of discharge and/or requirements f r
flow regulation and equalization;
(3) Development and implementation of accidental discharge prevention and slug
control plans pursuant to Section 19-15 (B) (1) of this Ordinance;
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(4) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the POTW;
(5) Requirements for installationand maintenance of inspection and sampling facilities
(6) Location of approved discharge points;
(7) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for tests, laboratory analysis
method, and reporting schedule;
(8) Compliance schedules;
(9) Requirements for submission of special technical reports or discharge reports
differing from those prescribed by this Ordinance;
(10) Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the Control Authority, and affording Control Authority
access thereto;
(11) Requirements for notification of the Control Authority of any new introduction of
wastewater constituents or any substantial change in the volumeor character of the
wastewater constituents being introduced into the POTW;
(12) Requirements for notification of excessive, accidental, or slug discharges as per
Section 19-15(B)(2);
(13) The duration of the Permit, which shall not extend beyond the expiratiordate of the
City's NPDES permit;
(14) Other conditions as deemed appropriate by the Control Authority to ensure
compliance with this Ordinance.
(F) Permit Modifications.
(1) The Control Authority may modify the permit for good cause including, but not
limited to, the following:
(a) To incorporate any new or revised Federal, State, or local pretreatment
standards or requirements;
(b) Material or substantial alterations or additions to the discharger's operati(R
processes, or discharge volume or character which were not considered in
drafting the effective permit;
(c) A change in any condition in either the industrial user or the POTW that
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00J;16j.
requires either a temporary or permanent reduction or elimination of the
f authorized discharge in order to implement the prohibitions in Section
19-14 of this Ordinance or in order to avoid any other violation of this
Ordinance;
(d) Information indicating that the permitted discharge poses a threat to the
Control Authority's collection and treatment systems, POTW personnel,
or the receiving waters;
(e) Violation of any terms or conditions of the permit;
(f) Misrepresentationor failure to disclose fully all relevant facts in the perrtti
application or in any required reporting;
(g) Revision of or a grant of variance from federal categorical pretreatment
standards pursuant to 40 CFR 403.13; or
(h) To correct typographical or other errors in the permit;
(i) To reflect transfer of the facility ownership and/or operation to a new
owner/operator;
(j) Upon request of the permittee, provided such request does not createa
violation of any applicable requirements, standards, laws, or rules and
regulations.
(2) The filing of a request by the permittee for a permit modification, revocation and
re -issuance, or termination, or a notification of planned changes or anticipated non
compliance, does not stay any permit condition.
(3) Any request by the permittee for a modification of its permitshall be in writing and
shall be accompanied by all relevant data, documentation, explanations, and other
pertinent information.
(4) The Control Authority shall provide personal notice to the permittee, and published
notice if public interest is affected, of any proposed permit modification at least
fourteen (14) days prior to decision on the proposed modification.
(5) The Control Authority shall provide the permittee and any requesting interested
persons with notice of the final modification decision.
(6) Appeal of permit modification decisions may be taken pursuant to the procedures
specified for permit appeals in Section 19-16(G)(2) of this Ordinance.
(G) Permit issuance and appeal procedures.
(1) Public Notification: The Control Authority shall provide personal notice to the
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permittee, and published notice in a newspaper of general circulation in the City,
of intent to issue a discharge permit, at least thirty (30) days prior to issuance. Tic
f i notice shall indicate a location where the draft permit may be reviewed and an
address where written comments may be submitted.
(2) Permit Appeals: The Control Authority shall provide all requesting interested
persons with notice of final permit decisions. Upon notice by the Control
Authority, any person, including the industrial user, may petition for
reconsideration of the terms of the permit within thirty (30) days of the notice.
a. In its petition, the appealing party must indicate any permit provision
objected to, the reason for the objection, and the alternative condition, if
any, it seeks to be placed in the permit.
b. The effectiveness of the permit shall not be stayed pending a
reconsideration by the Control Authority unless the Control Authority
expressly so indicates.
C. The Control Authority shall respond in writing to any petition for
reconsideration within thirty (30) days.
d. In its response, the Control Authority shall indicate Is decision whether to
affirm, vacate, or modify the terms of the permit issued.
e. The Control Authority's action tpon any petition for reconsideration shall
be considered final for purposes of any judicial review.
(H) Permit Transfer: Permits may be reassigned or transferred to a tew owner and/or operator
with prior approval of the Control Authority.
(1) The permittee must give at least thirty (30) days advance notice to the Control
Authority.
(2) The notice must include a written certification by the new owner which:
a. States that the new owner has no immediate intent to change the facility's
operations and processes;
b. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing permit.
(I) Permit Termination: Pretreatment permits may be terminated pursuantb Section 19-25 for
the following reasons:
(1) Falsifying self -monitoring reports;
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(2) Tampering with monitoring equipment;
(3) Refusing to allow timely access to the facility premises and records;
(4) Failure to meet Pretreatment requirements;
(5) Failure to pay penalties imposed pursuant to Section 19-32 of this Ordinance;
(6) Failure to pay sewer charges; or
(7) Failure to meet compliance schedules.
(J) Permit Reissuance; The Discharger shall apply for permit reissuance by submittinga
complete permit application a minimum of ninety (90) days prior to the expiration of the discharger's
existing permit.
(K) Continuation of Expired Permits: An expired permit will continue to be effective and
enforceable until the permit is reissued if:
(1) The Discharger has submitted a complete permit application at least ninety (90)
days prior to the expiration date of the Discharger's existing permit; and
(2) The failure to reissue the permit, prior to expiration of the previous permit, is not
due to any act or failure to act on the part of the Discharger.
(L) Petition for Relief from Permitting Requirement: Any Discharger under a permit issued
pursuant to this section may petition the Control Authority to find that:
(1) The Discharger no longer meets any of the criteria tobe a "Significant Industrial
Discharger" as defined in Section 19-11 (50);
(2) The Discharger has not met any of those criteria for the immediately preceding
three (3) years; and
(3) Therefore, the permitting requirements of Sectbn 19-16 should no longer apply to
the Discharger.
The petitioning Discharger shall produce all information relevantto the requested findings.
The Control Authority shall afford reasonable opportunity for a hearing on any relevant
factual issues upon request of the petitioning Discharger.
If the Control Authority finds that the Discharger does not meet any of the criteria to be a
Significant Industrial Discharger as defined in Section 19-11 (50) and that the Discharger has not met any
of those criteria for the immediately preceding three (3) years, the Control Authority shall cancel any
existing permit issued to the Discharger, and the Discharger shall be relieved of any further obligation to
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comply therewith.
No such permit cancellation shall affect any later determination that a Discharger
subsequently meets the criteria for a Significant Industrial Discharger.
Sec. 19-17. Liquid Waste Hauler Permits.
(A) No person shall drain, flush, or clean out any tanks or basins containing chemical liquid
wastes, septic tank wastes, oil atd grease trap wastes, or any other type of dometic or non -domestic liquid
wastes within the City unless such person is issued a permit by the Control ABtority, authorizing such acts
or services. Such permit shall also be required of all persons disposing of such waste within the City,
regardless of point of origin.
(B) No such liquid waste hauler shall discharge ofwastewater or any other waste into the PO'IW
in violation of the standards, limitations, and other requirements specified in this Ordinance.
(C) Any disposal site within the City, and any method of disposal, must be approved by the
Control Authority. Copies of trip tickets shall be maintained and made available for inspection at any
reasonable time.
(D) Any liquid waste hauler who is a Significant Industrial Discharger shall also obtaina
Discharge Permit pursuant to Section 19-16 of this Ordinance.
Sec. 19-18. Monitoring facilities.
Unless expressly exempted by the Control Authority, all Significant Industrial Dischargers shall
provide, at their own expense, monitoring facilities prior to approval of a permit application, to allow
inspection, sampling and flow measurement at each discharge point. Each monitoring facility shall be
located on the Discharger's premises; except, in the case where such location would be impra ical or cause
undue hardship to the Discharger, the Control Authority may approve the placement of monitring facilities
in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in safe ad
proper operating condition at the expense of the Discharger.
Failure to provide proper monitoring facilities shall be grounds for denial of a permit application.
Sec. 19-19. Inspections and sampling.
(A) The Control Authority may inspect the facilities of any Discharger to determine compliane
with the requirements of this Ordinance. The Discharger shall allow the Control Authority or its
representatives to enter upon the premises of the Discharger at all reasonable tunes, for the purposes of
inspection, sampling, or examination of records. Any employee, agent, or other representative of the
Control Authority who enters private property shall observe the establishment's rules and regulations
concerning safety, internal security, and fire protection, and if the property has management in residence,
shall notify management or the person then in charge of his presence and shall exhibit proper credentials.
The Control Authority shall have the right to set up on the Discharger's property such devices as are
reasonably necessary to conduct sampling, inspection, compliance monitoring, metering and/or measuring
operations.
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(B) Any discharges of wastewater or oher waste into the POTW shall be subject to inspection
and/or sampling as often as may be deemed necessary by the Control Authority. Sampleshall be collected
in such manner as to be representative of thecharacter and concentration of the wastewater or waste under
operating conditions. Upon specific request, the Control Authority shall provide the Dischargr with a split
set of all discharge samples taken. The laboratory methods used in the examination of said waste shall be
those set forth in 40CFR136. Regular inspections and/or samping shall be conducted at such times and on
such schedules as may be established by the Control Authority. Should a Discharger desire that a scheduliE
inspection and/or sampling be conducted at some time other than that scheduled by the Control Authority,
such inspection and/or sampling may be conducted by the Control Authority at the expense of the
Discharger.
(C) Unscheduled inspections may be conducted whenever deemed by the Control Authority to
be reasonably necessary to ensure that the terms of this Ordinance are complied with.
(D) The failure or refusal of a Discharger to allow the access required by this Section shall be
grounds for the disconnection of water and/or sewer service to the Discharger's facility, pursuant to the
provisions of this Ordinance applicable to enforcement and/or termination of service.
Sec. 19-20. Determination of flow.
(A) The water consumption during the previous month, as determined from the meter records
of the City water department, shall be the basis for computing the sewage flow from any Disharger, unless
actual sewage flow is measured by a recording meter of a type approved by the Control Authority. The
Dischargershall install and maintain such recording meter in proper condition to accurately measure such
flow. Upon failure to do so, the meter consumption shall be the basis for computing the sewage flow.
(B) When water is contained in a product or is evaporated or is discharged as unpolluted
wastewater in an uncontaminated condition to surface drainage (in compliance with this Ordinance and all
State and Federal law), an application may be made for a reduction in the computed volume of waste
discharged to the POTW, provided supporting data satisfactory to the Control Athority is furnished. Such
data shall include a flow diagram and other indication of the destination ofwater supply and/or wastewater,
supported by data from meters installed on such process piping at the expense of the Discharger.
(C) Any Discharger who procures any part or allof his water supply from a source or sources
other than the City, any of which is discharged intothe POTW, shall install and maintain at his expense an
effluent meter and/or other flow measuring device of a type approved by the Control Authority for the
purpose of determining the proper volume of flow to be used in computing sewer flow. Such meters m
measuring devices shall be read monthly.
Sec. 19-21. Reporting Requirements for Significant Dischargers/Pemittees.
(A) Baseline Report: Within 90 days following the effective date for any aplicable Categorical
Pretreatment Standard or prior to commencement of the introduction of wastewater intohe POTW by a new
Significant Industrial Discharger, any Significant Industrial Discharger subject to a Categorical Pretreatmett
Standard shall submit to the Control Authority a report, indicating the nature and concentration of all
prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in
gallons. The report from existing Significant Industrial Dischargers shall state whether the applicable
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A,
Categorical Pretreatment Standards and Pretreatment Requirements are being met on consistent basis, and
if not, what additional O&M and/or pretreatment is necessary to brig the Discharger into compliance with
the applicable Categorical Pretreatment Standardsand Pretreatment Requirements. This statement shall be
signed by an authorized representative of the Discharger, and certified by a qualified professional.
(B) Compliance Date Report: Within 90 days following the date for final compliance bya
Significant Industrial Discharger with an applicable Categorical Pretreatment Standad or 90 days following
commencement of the introduction of wastewater into the POTW by a newSignificant Industrial Discharger,
any Significant Industrial Discharger subject to a Categorical Pretreatment Standard shall submit to the
Control Authority a report indicating the nature and concentration of all prohibited or regulated substances
contained in its discharge, and the average and maximum daily flow in gallons. The report shall state
whether the applicable Pretreatment Standards and Requirementsare being met on a consistent basis and,
if not, what additional 0&M and/or pretreatmentis necessary to bring the Discharger into compliance with
the applicable Pretreatment Standards and Requirements. This statement shall be signed by an authorized
representative of the Discharger, and certified to by a qualified professional.
(C) Periodic Compliance Reports: Any Significant Industrial DischargesubjecttoaCategorical
Pretreatment Standard or requested by the Control Authority shall submit to the Control Authority, during
the months of June and December of each year, a report indicating the nature and concentration of prohibits'
and regulated substances in the effluent which are limited by the Pretreatinent Standards or Requirements.
In addition, this report shall include a record of all measured or estimated average andnaximum daily flows
which, during the reporting period, exceeded the average daily flow specified in the Discharger's permit.
Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility
considerations justify, the Control Authority may accept reports of average and maximum flows estimated
by verifiable techniques. The Control Authority, taking into consideration such famrs as local high or low
flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission or said
reports on months other than those specified above.
(d) Reports of Significant Industrial Dischargers shall contain all results of sampling and
analysis of the discharge, including the flow rate, the nature and concentration of the constitunts, or the
production and mass of the constituents, where required by the Control Authority. The frequency of
monitoring by the Discharger shall be as prscribed in the applicable Categorical Pretreatment Standard or
in this Ordinance, or more frequently as specified by the Control Authority. Sampling shall be done in
accordance with 40CFR136.
If sampling performed by an Industrial User indicates a violation, the user shall notify the
Control Authority within 24 hours of becoming aware of the violation. The User shall also repeat the
sampling and analysis and submit the results of the repeat analysis to the Control Authority within 30 days
after becoming aware of the violation, except the Industrial User is not required to re -sample if:
(1) The Control Authority performs sampling at the Industrial User at a frequency of
at least once per month, or
(2) The Control Authority performs sampling at the User between thetime when the
User performs its initial sampling and the time when the User receives the results of this
sampling.
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(E) The reporting requirements specified in this section 19- 21 as applicable, to Significant
Industrial Dischargers who are subject to Categorical Pretreatment Standards shall also apply to any other
Significant Industrial Discharger upon whom the Control Authority imposes such reporting requirements.
Section 19-22. Confidential Information.
(A) All information and data submitted by a Discharger to the Control Authority may be
submitted to the Environmental Protection Agency pursuant to the Clean Water Act and the regulations
promulgated by the EPA governing the POTW. Such information shall be considered subject to public
disclosure, provided, however, that the Discharger may request that information not be subject to public
disclosure, in accordance with 40 CFR Part 2, as follows:
(1) A Discharger may assert a business confidentiality claim covering part m all of the
information, in a manner described below, and that information covered by such
a claim will be disclosed only by means of the procedure set forth below.
(2) If no claim of business confidentiality is asserted, all itformation will be subject to
public disclosure without further notice to the Discharger.
(B) Method and time of asserting business confidentiality claim: A Discharger which is
submitting information to the Control Authority may assert a business confidentiality claim covering the
information by placing on (or attaching to) the information, at the time it is submitted to the Control
Authority, a cover sheet, stamped or typed legend, or other suitable form of notice employinganguage such
as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise
non -confidential documents should be clearly identified by tile Discharger, and may be shmitted separately
to facilitate identification and handling by the Control Authority. If the Discharger desires confidential
treatment only until a certain date or until the occurrence of a certain event, the notice should so state.
(C) Nothing in this section shall prevent the disclosure of information and data regarding the
nature and content of a Discharger's effluent, the frequency of discharge, or a standard or limitation to be
met by Discharger, and this information shall be available to the public with no restrictions.
Sec. 19-23. Publication of Industrial Users in Significant Non-compliance.
The City of Stephenville shall publish annually, in the largest daily newspaper published in the
municipality where the POTW is located, a list of the industrial users which, during the previous twelve (I I
months, were insignificant non-compliance wih applicable pretreatment standards and requirements. The
term significant non-compliance shall mean:
(1) Chronic violations of wastewater discharge limits, defined as those in which sixty-six
percent (66 %) or more of wastewater measurements taken duing a 6-month period exceed
the daily maximum limit or monthly average limitfor the same pollutant parameter by any
amount;
(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 6-month period equals or exceeds the product of the daily maximum limit or the
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monthly average limit multiplied by the applicable criteria (1.4 for BOD, TSS fats, oils and
grease, and 1.2 for all other pollutants except pH);
(3) Any other discharge violation that the City of Stelhenville believes has caused, alone or in
combination with other discharges, interference or pass through (intuding endangering the
health of City personnel or the general public);
(4) Any discharge of pollutants that ha; caused imminent endangerment to the public or to the
environment, or has resulted in the City's exercise of its emergency authority to halt or
prevent such a discharge.
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone
contained in a wastewater discharge permit or eiforcement order for starting construction,
completing construction, or attaining final compliance;
(6) Failure to provide within30 days after the due date, any required reports, including baselin
monitoring reports, 90 day compliance reports, periodic self -monitoring reports, and repots
on compliance with compliance schedules;
(7) Failure to accurately report non-compliance;
(8) Any other violation(s) which the City determines will adversely affect the operation or
implementation of the local pretreatment program.
Sec. 19-24. Industrial waste surcharge.
Persons discharging wastes or wastewaters which exhibit none of the characteristics of wastes
prohibited in Section 19-14, other than excessive BOD or suspended solids, but having an average
concentration during a twenty-four periodof suspended solids or BOD content in excess of "normal domesd
sewage", as defined in Section 19-11 (31) shall be required to pretreat the industrial wastes to meet the
requirements of "normal domesticsewage"; however, such wastes may be accepted for treatment if all the
following requirements are met:
(1) The wastes will not cause damage to the collection system;
(2) The wastes shall not cause interference to the treatment process; and
(3) The donor of wastes enters into a contractual agreement with the City providing fora
surcharge over and above published water and sewer rates. The basis for surcharge on
industrial waste shall be established by separate ordinance for waste load measurements
exceeding "normal domestic sewage" limits set forth in Section 19-11 (31), such rate to
continue until changed by regulation or an amendment of this Ordinance. The above
described surcharge shall be calculated by the following:
BOD Surcharge, $/day' _ (Rate/lb)(million gallons per day)(BOD mg/L
minus 225 mg/LZ)(8.34 lb/gal).
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TSS Surcharge, $/day' _ (Rate/lb)(million gallons per day)(TSS mg/L minus 225
mg/LZ)(8.34 lb/gal).
Working days for specific industry
Refer to Section 19-11 (31)
Monitoring for surcharge determination(s)may be conducted by the City on a random basis and shill
consist of time or flow -weighted twenty-fourcomposite samples. Monitoring frequency and application of
monitoring results shall be as determined by the City or, where applicable, as specified in industrial user
permits. (Ord. No. 1990-18)
Sec. 19-25. Enforcement.
(A) Revocation of Permit: In accordance with the procedures in this Section 19-25 of this
Ordinance, the Control Authority may revoke the permit of anyDischarger which (i) fails to factually repot
the wastewater constituents and characteristics of its discharge; (ii) fails to report significant changes in
wastewater constituents or characteristics; (iii) refuses to allow reasonable and timely access to the
Discharger's premises by representatives of the Control Authority for the purpose of inspection or
monitoring; (iv) fails to fulfill the conditions of its permit; (v) fails to met Pretreatment Requirements; (vi)
fails to pay penalties imposedpursuant to Section 19-32 of this Ordinance; (vii) fails to pay bills for sewer
services; or (viii) fails to meet compliance schedules.
(B) Notification of Violation; Administrative Adjustment: Whenever the Control Authority find
A that any Discharger has violated or is violating this Ordinance orits Discharge Permit, the Control Authoriy
may serve or cause to be served upon such Discharger a written notice, either by personal deliverer by
certified or registered mail, return receipt requested, stating the nature of the allege&iolation. Within thirty
(30) days of the date of the notice, the Discharger shall respond in person or in writing to the Control
Authority, stating its position with respect to the notice of violation. Thereafter, theparties shall meet to
discuss the occurrence of the violation or violations alleged and, where necessary, establish a plan for the
satisfactory correction thereof.
(C) Show Cause Hearing: Where any violationof permit or Ordinance is not corrected by meats
of administrative adjustment as described in subsection (b), the Control Authority may order any violating
Discharger to show cause, before the Control Authority or its duly authorized representative, why the
proposed enforcement action should not be taken. A written notice shall be served on the Discharger by
personal service, certified or registered, return receipt requested, specifying thdime and place of a hearing
to be held by the Control Authority or its designee regarding the violation, the reasons why the eforcement
action is to be taken, the proposed enforcement action, and directing the Discharger to show cause before
the Authority or its designee why the proposed enforcement action should not be taken. The notice of the
hearing shall be served no less than ten (10) days before the hearing. Service maybe made on any agent,
officer, or authorized representative of the Discharger. The Director (5 the Control Authority may himself
conduct the hearing and take the evidence, or he may designate any employee of the City or any specially
appointed attorney or engineer to:
(1) Issue in the name of the City notices of hearing requesting the attendance and
testimony of witnesses and the production of evidence relevant to any matter
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involved in such hearing;
1 (2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and other
evidence, together with recommendations to the Control Authority for action
thereon.
At any hearing held pursuant to this Section, tesimony taken must be under oath and recorded. Any party
is entitled to present his/her case or defense by oral or documentary evidence, and to conduct such
cross-examination as may be requird for a full and true disclosure of the facts. A transcript will be made
available to any member of the public or any party to the hearing upon payment of the usual charges thereof
(D) Action following show -cause hearing: After the Control Authority has reviewed the
evidence, it may issue an order to the Discharger responsible for any violation found to
have been committed, directing that, following a specified time period,the sewer service
be discontinued unless adequate treatment facilites, devices or other related appurtenances
shall have been installed or existing treatment facilities, devices or other related
appurtenances are properly operated. Further orders and directives as are necessary and
appropriate may be issued, including revocation or suspension of any Discharge Permit.
(E) Right to Appeal: Following the entry of the order by the Control Authority with respect to
the conduct of a Discharger, the Discharger may file an appeal in an appropriate court of
competent jurisdiction challenging the Control Authority's order.
Section 19-26. Emergency Suspension of Service and/or Discharge Permits.
The Control Authority may suspend the wastewater treatmenservice and/or a wastewater Discharg;
Permit when such suspension is necessary, in the opinion of the Control Authority, in order to;top an actual
or threatened discharge which presents or may present an imminent or substantial endangerment to the heat
or welfare of persons, to the environment, causes interference to the POTW, or causes the City to violate
any condition of its NPDES Permit. Also, the Control Authority may suspend wastewater treatment servie
and/or a wastewater Discharge Permit whenever acids and chemicals damaging the sewefines or treatment
processes are released to the sewer causing rapiddeterioration of such structures or interfering. with props
treatment of sewage.
Any Discharger notified of a suspension of the wastewater treatment service and/or its wastewater
Discharge Permit shall immediately stop or eliminate the offending discharge. In the event of a failure of
the Discharger to comply voluntarily with the suspension order the Control Authority shall take such steps
as deemed necessary, including immediate disconnection of the Discharger's sewer and/or water service
connection, to prevent or minimize damage to the POTW system or endangement to any individuals or the
environment.
In the case of emergency disconnection of service, the Control Authority shall make reasonable
attempts to notify the Discharger or user ofthe premises where such offending discharge is generated befoe
disconnecting the water or sewer service line. The party whose service has been disconnected shall have
an opportunity for a hearing on the issue of theoffending discharge and the disconnection as soon as possith
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after such disconnection has taken place
The Control Authority shall reinstate the wastewater Discharge Permit and/or the wastewater
treatment and/or water service upon proof of the elimination of the offendig discharge. A detailed written
statement by the Discharger describing the causes of the harmful contribution and the measures taken to
prevent any future occurrence shall be subnitted to the Control Authority within 15 days of the date of the
occurrence. The City water and/or wastewater service shall be reconnected only at the Discharger's
expense.
Sec. 19-27. Legal Action.
If any person discharges wastewater or other wastes into the City'sPOTW contrary to the provisions
of this Ordinance, Federal or State Pretreatment Requirenents, or any order of the City, the City Attorney
may commence an action for appropriate legal and/or equitable relief in any court of competent jurisdiion.
Section 19-28. Protection from damage.
No unauthorized person shall maliciously or willfully break, damage, uncover, deface or tamper
with any structure, appurtenance or equipment which is apart of the muicipal sewage works. Any person
violating this provision shall be subject to immediate arrest under the charge of disorderly conduct.
Section 19-29. Recovery of Costs incurred by the Control Authority.
Any Discharger violatingany of the provisions of this Ordinance or causing damage to or impairig
the City's wastewater disposal,system, shall be liable to the City for any expense, loss, or damage caused
by such violation or discharge. The City shall bill the Discharger for the cost incurred by the City for any
cleaning, repair, or replacement work caused by the violation or discharge.
Section 19-30. Upsets
(A) Any Discharger which experiences an upset in operations which places the Discharger in
a temporary state of non-compliance withthis Ordinance shall inform the Control Authoriy
thereof orally as soon as practicable but not later than within 24 ho¢s of first awareness of
the commencement of theupset. A written report shall also be filed by the Discharger will
the Control Authority within five (5) working days. The report shall specify:
(1) Description of the upset, the cause thereof, and the upset's impact on a
Discharger's compliance status;
(2) Duration of noncompliance, including exact datesand times of non-compliance, aid
if the non-compliance continues, the time by which compliance is reasonably
expected to occur; and
(3) All steps taken or to be taken to reduce, eliminate,and prevent recurrence of such
an upset or other condition of noncompliance.
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(B) The Control Authority may waive the written report on a case-bWase basis if an oral report
has been received within 24 hours.
i
(C) An upset constitutes an affirmative defense to any enforcement action brought by the
Control Authority against a Discharger for any noncompliance with this Ordinance
occurring during the period of the upset if the Discharger demonstrates, through properly
signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the Discharger can identify the cause(s) of the upset;
(2) The discharging facility was at the time being properly operated;
(3) The Discharger submitted the 24-hour notice and written report as required by
subsection (a) of this section; and,
(4) The Discharger has taken all reasonablesteps to minimize or prevent any discharg!
in violation of its permit or this Ordinance which had a reasonable likelihood of
adversely affecting human health or the environment.
(D) In any enforcement action, any Discharger seeking to establish the occurrence of an upset
has the burden of proof.
Section 19-31. Variances.
A Discharger may apply to the City for a variance fromany discharge limitation specified in sectim
19-14 (b) of this Ordinance. The City maygrant such a variance if the discharge limitation does not preven
and is not designed to prevent: (1) Pass Through; (2) Interference; (3) a violation of the Discharger's
Categorical Pretreatment Standards; (4) any adverse damage to the health and safety of personnel
maintaining and operating the POTW;or (6) any exceedence of the criteria for water quality developed by
EPA pursuant to section 304 of the Clean Water Act, 33 U.S.C. § 1314.
Section 19-32. Penalties.
(A) If any person intentionally, knowingly, or recklessly violates any of the provisions of this
ordinance or of the Stephenville CityCode relating to the sewer service, he shall be guilty
of a misdemeanor and, upon convictionin the municipal court, shall be punished by a fine
not exceeding One Thousand Dollars ($1,000) for each offense. Each day on which such
a violation shall occur or continue shall be deemed a separate offense.
(B) Any person who knowingly makes any false statement, representation or certification in ay
application, record, report, plan or other document filed or required to be maintained
pursuant to this ordinance or Wastewater DischargePermit or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required under this
Ordinance, shall, for each offense be guilty of a misdemeanor and, upon conviction in the
municipal court, shall be punished by a fine of not more than One Thousand Dollars
($1,000).
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(C) In addition to the penalties provided in this Section, the City may recover reasonable
attorneys, fees, court costs, court reporters,fees and other expenses of litigation against any
person found to have committed any offense described in subsections (a) and (b) above.
Section 19-33. Billing.
Industrial waste surcharges provided for in thisOrdinance shall be included as a separate item on
the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing
practices. Surcharges will be paid at the same time that the water, sewer, and sanitation charges of the
persons become due. The Control Authoity shall specify in each bill the determination of the amount due
for all surcharges. Payment for water, sewer, and sanitation services shall not be accepted without pyment
also of sewer service charges and surcharges.
Section 19-34. Failure to Dav bills
If a Discharger's payment of its monthly bills for water and sewer services, including any indEtrial
waste surcharges, is more than sixty (60) days overdue, the Control Authority may disconnect all
connections to the water and sanitary sewer mains to the City. The same penalties and charges now or
hereafter provided for by the ordinances of the City for failure to pay the billfor water service when due
shall be applicable in alike manner in case of failure to pay the established surcharge for industrial waste
discharged to the sanitary sewer mains as established in Section 19-23 of this Ordinance.
Section 19-35. Miscellaneous.
(A) Removal Credits: Where applicable, the Control Authority may elect to initiate a program
of removal credits as part of this Ordinance to reflect the POTW's ability to remove pollutants in accordane
with 40 CFR Part 403.7.
(B) Net/Gross Calculations: A Discharger vhose only source of intake water is the City water
service may apply to the Control Authority to adjust Categorical Pretreatment Standards and/or Pretreatmen
Requirements in this Ordinance to reflect the presence of pollutants in the Discharger's intake water, in
accordance with 40 CFR Part 403.15.
(C) Preservation of Records: All Dischargers subject to thisOrdinance shall retain and preserve
for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and
any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by and on
behalf of a Discharger in connection with its discharge.
All records which pertain to matters which are the subject of administrative adjustment or
any other enforcement or litigation activities brought by the Control Authority pursuant hereto shall be
retained and preserved by theDischarger until all enforcement activities have concluded and all periods of
limitation with respect to any and all appeals have expired.
(D) Costs of Administering Program: The Control Authority may make such charges, known
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as monitoring and pretreatment charges, as are reasonable for services rendered in administering the
programs outlined in this ordinance. Such charges shall be equitable as between users of the POTW system
The Control .Authority shall provide, upon request, documentation and justification for all calculations in
determining the charges. Such charges may include, but are not limited to, the following:
(1) permitting industrial facilities;
(2) inspection;
(3) sample analysis;
(4) monitoring;
(5) enforcement.
(E) Right of Revision: The Control Authority reserves the right to amend this Ordinance to
provide for more or less stringent limitations or requirements on discharges to the POTW where deemed
necessary to comply with the objectives set forth in Section 19-12 of this Ordinance.
Section 19-36. Severability.
If any provision, paragraph, wod, section, or article of this Ordinance is invalidated by any court
of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be
affected and shall continue in full force and effect.
Section 19-37. Conflict.
All other Ordinances and parts of other Ordinaries inconsistent or conflicting with any part of this
Ordinance are hereby repealed to the extent of such inconsistency or conflict.
Reviewed by Donald B. Davis,
City Administrator
Randy Tlfmas, City Attorney
Approved as to form and legality
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