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Home My WebLink About1998-05-05 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, MAY 5, 1998 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on May 5, 1998, at 7:00 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a General Business Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Councilmembers Others Attending I. CALL TO ORDER. John Pollan Jerry B. Madkins Barbara Terrell Joel Hillin Marshall Shelton K. H. Conatser Billy Bob Hodges Bea Marin Bill Corbin Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum present. H. CITIZENS' GENERAL DISCUSSION No one addressed the council. M. PLANNING AND ZONING COMMISSION REPORT -- Consider an Ordinance Abandoning an Alley Located Adjacent to Blocks 36, 53, and 54, College View Addition Upon motion by Council Member Marin and second by Council Member Madkins, the Council voted unanimously to adopt Ordinance 1998 -9. General Business Meeting -- May 5, 1998 Stephenville City Council IV. PLANNING AND DEVELOPMENT COMMITTEE REPORT 1. E -Z Mart Property Council member Hodges reported that Ronnie Isham, Director of Community Services, had visited with the owner of adjacent property concerning a trade. There was no interest in this trade, and is therefore, a non -issue at this time. 2. Request from TSU for lighting Hodges reported that Dr. Joe Standridge, Associate Vice President for Physical Facilities for Tarleton State University, had requested the addition of 17 new street lights on Lillian and McIlhaney Streets and to change the eight existing lights to 200 watt high pressure sodium. The estimated cost to comply with the request is $3,500.00 per year. The existing street lighting meets the current policy; therefore no change is recommended by the committee. 3. 1998 Street Reconstruction Program The following streets will be included in the 1998 Street Reconstruction Program: 1) Byron Street- -Total reconstruction (street, curb and gutter, and driveway approaches) for an estimated probable cost of $110,000. 2) Drew, Broadway, Riverside, Glen Rose Road, Clifton, Coleman, Cox, Jackson, and Wilson Streets - -Seal coat with precoated rock and cut, patch, and level up for an estimated probable cost of $40,000. Council member Hodges made a motion to approve the 1998 Street Reconstruction Program. Council member Terrell seconded the motion, which passed by unanimous vote. V. PERSONNEL COMMITTEE REPORT 1. Internal Internet Policy Council member Madkins reported on the Employee E -mail and Internet Use Policy (attached hereto). Madkins moved to accept the policy as presented. Council member Marin seconded the motion. General Business Meeting --May 5, 1998 Stephenville City Council Council member Conatser asked that under "Restrictions" of the E -Mail Use Policy and the Internet Use Policy, that the word "should" be changed to "shall ". Council member Madkins stated that his motion is amended to reflect this change. Council member Marin agreed to second the amended motion. Upon vote, the motion and amendment passed by unanimous vote. 2. Health Insurance Re -rate Proposals Madkins then reminded the council that the city participates in a self - funded health insurance program. After reviewing a 7.97% increase to dependent coverage, the Personnel Committee suggested several options in which the city would pick up part or all of the additional costs of the dependent coverage. Two alternatives were brought to the council. Option 1 would result in the 7.97% increase in premium across the board. Option 2 shows an increase in the city's cost if the council accepts a recommendation to take a rebate that was given to the city this year for savings generated through worker's compensation insurance. This rebate could be applied to the cost of dependent coverage and keep those costs constant for the next year. Council member Shelton made a motion to accept Option 2 whereby the city will place the refund received from the TML -Risk Pool in the employees' health fund to offset the proposed increase in dependent coverage. Council member Hillin seconded the motion. Council member Conatser stated that he had a concern about Option 2. He said that the rebate is apparently a "one time thing ". He asked if the city was going to continue to "pick up" that portion of the premium for the dependents. Shelton stated that he would amend his motion to include "for this year ". Hillin agreed to second the amended motion. Upon vote, the motion as amended passed by unanimous vote. VI. PARK AND RECREATION ADVISORY BOARD REPORT Council member Terrell moved to employ the firm of Scbrickel, Rollins and Associates, Inc. as the Planning and Design consultant for the City Park Improvement Program. Council member Corbin seconded the motion. Council member Conatser stated that "in light of the length of time this contract will be in effect and in light of the fact that this council will be changing in makeup," he recommended that this agenda item be tabled so that the newly elected council might act on it. General Business Meeting -- May 5, 1998 Stephenville City Council Council member Hodges stated that the Park and Recreation Advisory Board has been working on this project for a very long time and that their recommendation should be considered. Hodges said that to delay this matter might place the project in jeopardy. Conatser stated that he was not talking against the contractor but merely wanted to give the "new council" an opportunity to have a say in this matter, and not "inherit" something that the old council has already done. Council member Corbin replied, "That's the hazards of the game." Upon a roll call vote, the motion passed as follows: A-yes: Council members Madkins, Terrell, Shelton, Hillin, Corbin, Hodges, Marin and Mayor Pollan. Noes: Council member Conatser. VII. DISCUSS NEW BOOSTER TRUCK Mayor Pollan asked that City Administrator Don Davis give a summary report to the council of this situation. Davis stated that the bid for this truck was awarded in February, 1996, and it was. delivered about two weeks ago. The city provided the cab and chassis to Neel & Assoc., Inc. so that they could install pumps, build the compartments, and complete the truck. Davis reported that when the truck was delivered, Fire Chief Mooney and his staff inspected the truck and the specifications that were used to build the truck. They found over 30 discrepancies between the truck as delivered and the specifications. The truck will not satisfy the needs of the department. These types of trucks normally are in service for at least 20 years. Davis said the truck as delivered is substandard and should not be accepted. Davis stated that it is suggested that Neel & Assoc., Inc. pay the city for the cost of the cab and chassis. The city would refuse acceptance of the truck, and then this item would be rebid. Council member Shelton made a motion to sell the cab and chassis to Neel & Assoc., Inc. for $30,000; and, in the alternative, to pay Neel & Assoc., Inc. $40,000 (rather than the $53,170 remaining on the bid price) and accept the truck. Council member Corbin seconded the motion, which passed by unanimous vote. General Business Meeting -- May 5, 1998 Stephenville City Council VIII. CONSIDER AN ORDINANCE PROVIDING AN AMENDED BUDGET FOR THE REMAINDER OF THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998 Council member Madkins moved to adopt Ordinance No. 1998 -10 amending the budget for the remainder of fiscal year beginning October 1, 1997 and ending September 30, 1998. Council member Hodges seconded the motion. Council member Shelton stated that he could not endorse the addition of a supervisor for community services program for $6,200. Shelton said that "with 112 employees, we can find somebody for the summer who can supervise those people." Upon a roll call vote, the motion passed as follows: Ayes: Council members Madkins, Terrell, Hillin, Corbin, Hodges, Marin, and Mayor Pollan. Noes: Council members Shelton and Conatser. IX. CONSIDER AN ORDINANCE AMENDING THE STEPHENVILLE INDUSTRIAL WASTE ORDINANCE NO. 1996 -13 Davis reported that the EPA has made suggested changes in the Industrial Pretreatment. Two changes are recommended; one in the definition of "Significant Industrial User ", and two, to correct the values for certain minerals that are discharged into the system. Council member Conatser moved to adopt Ordinance No. 1998 -11 amending the Stephenville Industrial Waste Ordinance No. 1996 -13. Council member Hillin seconded the motion, which passed by unanimous vote. Council member Marin made a motion to approve the Consent Agenda as follows: X. CONSENT AGENDA A. Approval of Minutes 1. 2. General Business Meeting --May 5, 1998 Stephenville City Council Regular Business Meeting on April 7, 1998 Special Business Meeting on April 16, 1998 B. Bid Awards 1. Repair parts for West Well at Paddock Station 2. Roof on Fire Station No. 2 Council member Shelton seconded the motion, which passed by unanimous roll call vote. XI. CITY ADMINISTRATOR'S REPORT Davis asked the council to consider a special council meeting in May. The purpose would be to consider committ ee structure and assignments and elect a mayor pro tempore. Davis also reported on the City's spring auction. In the past, the city has joined Tarleton State University and the Stephenville Independent School District; and this year Erath County also participated in the auction. The city auctioned 170 items that were sold for approximately $17,000. XII. At 7:35 p.m., Mayor Pollan recessed the open portion of this meeting, and the council went into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with §551.071(1)(A) Consultation with Attorney, pending or contemplated litigation. Texas Parks & Wildlife Department, et al v. Texas Water Commission, et al; Cause No. 432,066; in the 98th Judicial District Court, Travis County, Texas; and Cause No. 03 -95- 00292 -CV, City of Stephenville et al v. Texas Department of Parks and Wildlife et al, in the Court of Appeals for the Third Supreme Judicial District of Texas XIIL ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) At 7:50, Mayor Pollan called the council back into regular session. No action was taken on matters discussed in executive session. Genera! Business Meeting -- May 5, 1998 Stephenville City council XIV. CONSIDER A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION HELD ON MAY 2, 1998 Mayor Pollan appointed Council members Hillin, Marin, and Madkins to serve as the Canvassing Committee which adjourned to canvass the votes. Upon the return of the Canvassing Committee, Council member Hillin moved to adopt Resolution No. 1998 -3 declaring the following results of the City General Election of May 2, 1998. Council member Conatser seconded the motion, which passed by unanimous vote. Mayor John Moser 753 votes John Pollan 488 votes City Council Place 2 Barbara Terrell 647 votes Kathy Wenmohs 587 votes City Council, Place 4 Marshall Shelton 695 votes Bill Muncey 526 votes City Council, Place 6 Rusty Jergins 835 votes City Council, Place 8 Bill Corbin 537 votes Wm H. (Bill)Stanley 658 votes XV. CONSIDER A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY SPECIAL ELECTION HELD ON MAY 2, 1998 Council member Hodges moved to adopt Resolution No. 1998 -4 declaring the following results of the City Special of May 2, 1998. Council member Hillin seconded the motion, which passed by unanimous vote. Bond Election For Against XVH. OATH OF OFFICE OF NEW COUNCIL MEMBERS 738 votes 480 votes Mayor Pollan reversed agenda items XV1. and XVII. and called on the newly elected officials to come forward to take the oath of office. General Business Meeting -- May 5, 1998 Stephenville City Council City Secretary Cindy Stafford then administered the oath of office of the newly elected mayor and council members: John Moser, Mayor; Barbara Terrell, Council _ Place 2; Marshall Shelton, Council Place 4; Rusty Jergins, Council Place 6; and Wm. H. (Bill) Stanley, Council Place 8. XVI. RECOGNIZE OUTGOING COUNCIL MEMBER(S) Mayor John Moser presented Mayor John Pollan and Council members Billy Bob Hodges and Bill Corbin plaques recognizing each members term on the City Council. XVIII. ADJOURN Mayor Moser asked for any other business or comments. There being no further business to come before the Council, the meeting was adjourned at 8:25 p.m. ATTEST: General Business Meeting -- May 5, 1998 Stephenville City Council ORDINANCE NO. 1998-9 AN ORDINANCE DECLARING THAT PORTION OF AN ALLEY RUNNING FROM WEST JONES STREET ON THE NORTH TO WEST VANDERBILT STREET ON THE SOUTH LOCATED ADJACENT TO BLOCKS 36, 53, AND 54; COLLEGE VIEW ADDITION TO THE CITY OF STEPHENVILLE, TEXAS, CONTAINING 8,660 SQUARE FEET OF LAND TO HAVE BEEN ABANDONED AS AN ALLEY, ORDERING THE SAME VACATED AND CLOSED, AND AUTHORIZING THE CONVEYANCE OF SAME TO TARLETON STATE UNIVERSITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION ONE ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND, BE A 20 FOOT WIDE ALLEY LYING EAST OF BLOCK 36; COLLEGE VIEW ADDITION AND WEST OF BLOCKS 53 AND 54; COLLEGE VIEW ADDITION OF THE CITY OF STEPHENVILLE, ERATH COUNTY, TEXAS AS SHOWN ON KING'S 1956 MAP OF STEPHENVILLE, ERATH COUNTY, TEXAS AND DESCRIBED AS FOLLOWS: Field note description of a 8,660 square foot, or 0.199 acre tract of land being situated in the John Blair Survey, Abstract Number 32 in Erath County, Texas, also - being the 20 foot wide alley between Block 36 and Blocks 53 and 54 of the King's 1956 revised map of the College View Addition as recorded in Volume 381, Page 105 of the Erath County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING, at a V2-inch iron rod found in place marking the southeast corner of Lot 10, Block 36 and being in the north line of West Vanderbilt Street, (50 foot R.O. W.); THENCE, along the east line of said Block 36, North 30 degrees 28 minutes 43 seconds West, a distance of 433.00 feet to a 3/8 -inch iron rod found in place marking the northeast corner of said Block 36 and being in the south line of Jones Street (40 foot R.O.W.), (plat does not specify a direction for this course but shows the distance to be 433 feet); THENCE along the south line of said Jones Street, North 59 degrees 32 minutes 17 seconds East a distance of 20.00 feet to the northwest corner of Block 54, (plat does not specify a direction for this course but shows the distance to be 20 feet); THENCE along the west line of Block 54, south 30 degrees 28 minutes 43 seconds East, at 291.00 feet pass the southwest corner of Block 54 and the northwest corner CITY OF STEPHENVILLE 04117/98 STATEMENT OF PROJECTED NET REVENUE OVER (EXPENDITURES) - ALL FUNDS FOR THE YEAR ENDED SEPTEMBER 30, 1998 SPECIAL NOTE: 1996 -1997 PROJECTS WITH ON -GOING COST INTO 1997 -98 WERE 1997 STREET p 'I IMPROVEMENT PROGRAM ($9,500), COMPUTER INFORMATION SYSTEMS (565,000), DOWNTOWN PLAZA ($202,910), AND THE PUBLIC SAFETY FACILITY 'I! (560,000). CAPITAL SPECIAL DEBT SELF (_ GENERAL PROJECT REVENUE SERVICE INSUR UTILITIES LANDFILL AIRPORT FUND FUND FUND FUND FUND FUND FUND FUND TOTAL PROJECTED NET REVENUE OVER (EXPENDITURES): REVENUE 6,110,427 34,000 127,500 292,188 326,012 3,844,880 127,200 22,250 10,884,457 EXPENDITURES 6,314,569 60,000 143,000 291,688 325,012 3,405,160 173,443 40,800 10,753,672 NET BASELINE BUDGET (204,142) (26,000) (15,500) 500 1,000 439,720 (46,243) (18,550) 130,785 1996 -1997 PROJECTS APPROVED EXPENDED IN 1997 -98 277,410 60,000 337,410 PROJECTED 1997 -98 NET REVENUE OVER (EXPENDITURES): 73,268 34,000 (15,500) 500 1,000 439,720 (46,243) (18,550) 468,195 SPECIAL NOTE: 1996 -1997 PROJECTS WITH ON -GOING COST INTO 1997 -98 WERE 1997 STREET p 'I IMPROVEMENT PROGRAM ($9,500), COMPUTER INFORMATION SYSTEMS (565,000), DOWNTOWN PLAZA ($202,910), AND THE PUBLIC SAFETY FACILITY 'I! (560,000). DEBT SERVICE CITY OF STEPHENVILLE 70,544 3,234 04/17/98 1,968,246 STATEMENT OF PROJECTED CASH FLOW - ALL FUNDS CUSTOMER DEPOSITS 44,778 TOTAL ADD -BACK ITEMS 0 FOR THE YEAR ENDED SEPTEMBER 30, 1998 70,544 44,025 (506,949) --- GENERAL CAP PROJ SPEC REV DEBT SVC SELF INS UTILITIES LANDFILL AIRPORT ESTIMATED ENDING CASH BALANCE 9130198: j FUND FUND FUND FUND FUND FUND FUND FUND TOTAL iH BALANCES 1011197: 5,109,988 760,412 116,638 3,234 144,228 . _ STRICTED: 219,533 115,156 10,990,529 RIGHT -OF -WAY 7,723,810 3 MONTH OPERATIONS 1,352,822 116,638 16,220 792,213 CAPITAL REPLACEMENT 700,000 RIGHT -OF -WAY 590,000 'RANT MATCHING 550,000 CAPITAL REPLACEMENT 545,000 25,000 1,000,000 6,110,427 34,000 GRANT MATCHING 500,000 326,012 3,844,880 35,000 22,250 DEBT SERVICE 760,412 70,544 3,234 723,973 1,968,246 44,778 CUSTOMER DEPOSITS 44,778 TOTAL ADD -BACK ITEMS 0 (586,559) 70,544 44,025 (506,949) UNRESTRICTED 2,122,166 ESTIMATED ENDING CASH BALANCE 9130198: 128,008 716,856 219,533 80,156 3,266,719 CASH BALANCE 10/1197 5,109,988 760,412 116,638 3,234 144,228 4,521,340 219,533 115,156 10,990,529 RIGHT -OF -WAY 600,000 CAPITAL REPLACEMENT 700,000 PROJECTED NET REVENUE OVER (EXPENDITURES): 'RANT MATCHING 550,000 25,000 REVENUE 6,110,427 34,000 127,500 292,188 326,012 3,844,880 127,200 22,250 10,884,457 EXPENDITURES 6,314,569 60,000 143,000 291,688 325,012 3,405,160 173,443 40,800 10,753,672 NET 1997 -98 BUDGET: (204,142) (26,000) (15,500) 500 1,000 439,720 (46,243) 118,550) 130,785 ADD -BACK ITEMS: CHANGES IN: DEBT SERVICE PRINCIPAL CAPITAL EXPENDITURES NON -CASH ITEMS: (945,000) (330,700) (945,000) (330,700) DEPRECIATION 644,363 70,544 91066 723,973 BOND AMORTIZATION 44,778 44,778 TOTAL ADD -BACK ITEMS 0 (586,559) 70,544 9,066 (506,949) ESTIMATED ENDING CASH BALANCE 9130198: RESTRICTED: 7,887,810 3 MONTH OPERATIONS 1,352,822 101,138 16,220 792,213 RIGHT -OF -WAY 600,000 CAPITAL REPLACEMENT 700,000 1,000,000 'RANT MATCHING 550,000 25,000 )EBT SERVICE 734,412 3,734 1,968,246 USTOMER DEPOSITS 44,025 -- ..:"JRESTRICTED 1,703,024 129,008 570,017 243,834 80,672 2,726,555 EST. CASH BALANCE 9/30/98 4- 905,846 7 4 412 101,138 aj34 145.228 4 74 1 243.83405.67 10.614.365 SPECIAL NOTE: CAPITAL PROGRAMS IN THE WATER FUND INCLUDE A PICKUP 1578,000), TRUCK MOUNT HOIST EQUIPMENT ($8,000), RELOCATE WATER LINES ON HWY 377 -67 19300,000), AND WELL CHLORINATION SYSTEM (54,700). f i REVENUE SUMMARY: GENERAL FUND TAXES GROSS RECEIPTS TAX LICENSES AND PERMITS FINES AND FORFEITURES INTERGOVERNMENTAL SERVICE CHARGES OTHER TOTAL GENERAL FUND SPECIAL REVENUE FUND CAPITAL PROJECT FUND DEBT SERVICE FUND SELF - INSURANCE FUND WATER/WASTEWATER FUND WATER WASTEWATER _SERVICE CHARGES ?HER TOTAL WATER /WW FUND LANDFILL GATE FEES OTHER TOTAL LANDFILL AIRPORT HANGER RENTAL OTHER TOTAL AIRPORT CITY OF STEPHENVILLE PROPOSED BUDGET AND ACTUAL REVENUES SUMMARY FOR THE YEAR ENDED SEPTEMBER 30, 1998 04/17/98 ACTUAL APPROVED PROPOSED APPROVED/ ACTUAL YTD BUDGET BUDGET PROPOSED 1996 -97 3/31/98 1997 -98 % USED 1997 -98 DIFFERENCE 4,097,938 2,943,098 3,889,352 75.67% 3,889,352 0 847,273 237,437 848,115 28.00% 878,115 30,000 85,776 30,420 64,505 47.16% 64,505 0 244,173 143,880 167,500 85.90% 190,000 22,500 192,539 116,587 211,680 55.08% 3,844,880 234,880 23,200 596,914 246,818 490,450 50.32% 475,450 (15,000) 524,222 246,585 318,125 77.51% 378,125 60,000 6,588,835 3,964,825 5,989,727 66.19% 6,110,427 120,700 127,500 58.05% 127,500 0 75,459 10,391 34,000 30.56% 34,000 0 302,242 279,911. 292,188 95.80% 292,188 0 370,631 170,750 326,012 52.38% 326,012 0 1,820,812 861,653 1,650,000 52.22% 1,725,000 75,000 1,866,653 920,868 1,800,000 51.16% 1,810,000 10,000 172,815 65,318 117,200 55.73% 117,200 0 250,206 114,286 192,680 59.31% 192,680 0 4,110,486 1,962,125 3,759,880 52.19% 3,844,880 85,000 181,154 67,426 120,000 56.19% 120,000 0 9,020 6,511 7,200 90.43% 7,200 0 190,174 73,937 127,200 58.13% 127,200 0 14,600 6,350 13,500 47.04% 13,500 0 7,625 4,850 8,750 55.43% 8,750 0 22,225 11,200 22,250 50.34% 22,250 0 TOTAL REVENUE ALL FUNDS 11.799,521 6.547.152 10.678.757 61.31% 10.884.457 205 700 WATER/WASTEWATER FUND CITY OF STEPHENVILLE 04/17/98 PROPOSED BUDGET AND ACTUAL EXPENDITURES SUMMARY UTILITIES ADMINISTRATION 92,442 69,460 FOR THE YEAR ENDED SEPTEMBER 30, 1998 22.40% 312,190 (2,082) WATER PRODUCTION 353,626 ACTUAL APPROVED 31.38% PROPOSED APPROVED/ WATER DISTRIBUTION ACTUAL YTD BUDGET 50.15% BUDGET PROPOSED - 1996 -97 3/31/98 1997 -98 % USED 1997 -98 DIFFERENCE GENERAL FUND 181,557 100,035 180,531 55.41% 193,181 (12,650) GENERAL GOVERNMENT 451,088 188,990 441,941 42.76% 433,326 8,615 CITY COUNCIL 38,827 21,489 41,330 51.99% 42,880 (1,550) CITY ADMINISTRATOR 78,445 38,909 84,428 46.09% 84,428 0 CITY SECRETARY 40,182 19,322 48,079 40.19% 48,079 0 EMERGENCY MANAGEMENT 6,529 2,870 8,300 34.58% 8,300 0 MUNICIPAL BUILDINGS 169,015 22,100 56,430 39.16% 63,455 (7,025) FINANCE 524,290 203,323 425,254 47.81% 490,254 (65,000) LEGAL SERVICES 84,903 47,656 93,255 51.10% 95,255 (2,000) PERSONNEL 71,543 43,490 93,502 46.51% 93,502 0 RECREATION /ADMINISTRATION 482,863 217,866 484,076 45.01% 484,076 0 PARK MAINTENANCE 248,490 333,622 218,930 152.39% 452,500 (233,570) CEMETERY 58,318 35,921 71,622 50.15% 71,622 0 LIBRARY 132,332 75,544 148,550 50.85% 148,550 0 STREETS 1,028,153 263,520 739,036 35.66% 771,606 (32,570) SENIOR CITIZENS 77,416 42,081 101,925 41.29% 101,925 0 FIRE 1,146,374 551,983 1,334,243 41.37% 1,327,503 6,740 POLICE 1,561,990 822,288 1,723,849 47.70% 1,747,049 (23,200) PUBLIC SAFETY 11,687 27,825 75,018 37.09% 75,018 0 COMMUNITY DEVELOPMENT 195,838 85,937 208,567 41.20% 208,567 0 TOTAL GENERAL FUND 5,957,195 2,855,746 5,956,394 47.94% 6,314,569 (358,175) SPECIAL REVENUE FUND 149,532 45,500 143,000 31.82% 143,000 0 ,�PITAL PROJECT FUND 1,087,548 50,739 0 60,000 (60,000) DEBT SERVICE FUND 305,496 225,413 291,688 77.28% 291,688 0 SELF - INSURANCE FUND 326,744 212,558 325,012 65.40% 325,012 0 WATER/WASTEWATER FUND UTILITIES ADMINISTRATION 92,442 69,460 310,108 22.40% 312,190 (2,082) WATER PRODUCTION 353,626 116,639 371,663 31.38% 370,181 1,482 WATER DISTRIBUTION 292,583 151,068 301,258 50.15% 312,208 (10,950) CUSTOMER SERVICE 75 -,956 36,823 79,981 46.04% 79,381 600 WASTEWATER COLLECTION 181,557 100,035 180,531 55.41% 193,181 (12,650) WASTEWATER TREATMENT 451,088 188,990 441,941 42.76% 433,326 8,615 POLLUTION CONTROL 34,540 18,531 41,635 44.51% 41,635 0 BILLING AND COLLECTIONS 80,558 40,623 88,934 45.68% 88,934 0 NON- DEPARTMENTAL 3,031,270 938,481 1,574,124 59.62% 1,574,124 0 TOTAL WATER/WW FUND 4,593,620 1,660,650 3,390,175 48.98% 3,405,160 (14,985) LANDFILL 151,658 67,035 173,443 38.65% 173,443 0 AIRPORT 19,284 16,784 29,681 56.55% 40,800 (11,119) TOTAL EXPENSES ALL FUNDS 1 2 591 .077 5 134.425 10,309.393 0 °0 10.753.672 1444.2791 Employee E -Mail and Internet Use Policy E -Mail and Internet access are useful research and communication resources which are provided to City employees for uses related to City business. E -Mail and access to the Internet provides capabilities for contacting outside resources and access to databases for research and informational purposes. This policy is intended to prevent the misuse of E -Mail and Internet access, specifically as it pertains to the following unacceptable practices: ■ Improperly downloading files that contain viruses which may contaminate City information systems and databases • Accessing objectionable or improper material • Use of work time to access non -work related information or to "surr the Internet. Each individual user is responsible for the appropriate use of these resources as described in the Employee E- Mail & Internet Use Policy. Employees are expected to maintain the same degree of etiquette, responsibility and professionalism as is expected of them in the course of their normal job functions as defined in the Employee, Personnel Rules and Regulations Handbook. Each department is responsible for ensuring that each user is familiar with the contents of this policy. To ensure that use of E -Mail and the Internet among employees of the City is consistent with City policies, all applicable laws, and the individual user's job responsibilities, and to establish basic guidelines for the appropriate use of E -Mail and the Internet. Employee - An individual employed by the City on a part-time, full -time, regular, temporary or internship basis is considered an employee for the purpose of this policy. Computer Committee - Departmental representatives who serve as liaisons between the contracted computer support services firm and the City employees, relating to the technical assistance and support issues for the computer needs of the City. Objectionable/ Improper Material - Pictures, posters, calendars, graffiti, objects, promotional materials, reading materials, or other materials that are sexually suggestive, sexually demeaning or pornographic, or bringing into the work environment or possessing any such material to read, display, or view at work; reading or, otherwise publicizing in the work environment materials that are in any way sexually revealing, sexually, suggestive, sexually demeaning or pornographic. Signature Line — Lines of text automatically added to end of e-mail mail messages that include the senders organization, name, job title, and phone number. Employee E -Mail and Internet Use Policy Page 1 Intemet Use Policy This policy applies to any and all forms of use of the Internet, and does not supersede or limit any state or federal laws, nor any other City policies regarding confidentiality, information dissemination, or standards of conduct. General Guidelines ■ Employee Internet accesses must be authorized by the appropriate Department Director. A condition of authorization is that all Internet users must read and sign a copy of this policy and applicable department policies, if any, on Internet use. Department Directors shall verify with the Human Resources Department that a signed original of this policy and applicable department policies, if any, on Internet use are on file in the employee's personnel file prior to granting such access. Department Directors must keep an updated list of all approved Internet users and their applications (i.e. Web or Gopher research, FTP file downloads, e-mail, newsgroup usage, etc.) and monitor its use. • Supervisors should work with employees to determine the appropriateness of using the Internet for professional activities and career development. Written permission is needed and should be obtained for these activities, or the activities should be included in the employee's job description. • Use of the Internet by City employees must be consistent with the City Personnel Rules and Regulations regarding employee conduct and ethical standards. • The Internet must be treated as a formal communications tool like telephone, radio, and video communications. Therefore, each individual user is responsible for complying with this and all other relevant policies when using the City's resources for accessing the Internet. Use of these same resources in violation of this policy or applicable departmental policies is grounds for disciplinary action as defined in the City's Personnel Rules and Regulations. ■ All use of the Internet via City equipment must be in compliance with all applicable laws and policies (federal, state, and local laws, in addition to City policies). Internet access via City equipment, therefore, must not be used for illegal, improper, or illicit purposes • A wide variety of information is available on the Internet. Some individuals may find some information on the Internet offensive or otherwise objectionable. Individual users should be aware that the City has no control over, and cannot therefore be responsible for, the content of information available on the Internet. • Employees need to keep in mind that all Internet usage can be recorded and stored along with the source and destination. ■ Employees have no right to privacy with regard to Internet use. Management has the ability and right to view employees' usage patterns and take action to assure that City Internet resources are devoted to maintaining the highest levels of productivity. in The Internet path record is the property of the City and therefore the taxpayers of the City. Such information is subject to the Texas Public Information Act and the laws applicable to State records retention. • Employees shall perform frequent backups on data files consistent with City policies. • Employees shall use anti - virus software to scan for viruses on all files that are downloaded to disk from BBB's, the Internet, or any other outside source. • Employees shall report all virus outbreaks to their immediate supervisor and the Computer Committee. The Computer Committee or its designated agent shall log all such outbreaks and the eradication method used by departments, and shall notify other departments in the event of a virus outbreak. employee trMall and Intemet Use Policy - Page 3 I ■ In the event of a continued breach of this policy regarding virus protection and backup of data files by an Employee, the infected computer shall be disconnected from the Internet and the City's other computer systems until such time as the Employee complies with the Internet Use Policy. ■ Each employee using the Internet shall identify him/herself honestly, accurately, and completely (including one's affiliation and function where requested) when providing such information. ■ Only those employees or officials who are expressly authorized to speak to the media or to the public on behalf of the City may represent the City within any news group or chat room. Other employees may participate in news groups or chat rooms in the course of business when relevant to their duties, but they should do so as individuals speaking for themselves and must include a disclaimer in their comments similar to the following: Restrictions • The safety and security of the City computer system and resources must be considered at all times when using the Internet. Employees shall not share password for any City computer or with any unauthorized person, nor obtain any other users password by any unauthorized means. • Accessing, posting or sharing any racist, sexist, threatening, obscene or otherwise objectionable material (i.e., visual, textual, or auditory entity) is strictly prohibited. • The Internet shall not be used for any personal monetary interests or gain. • Employees shall not subscribe to mailing lists or mail services strictly for personal use and shall not participate in electronic discussion groups (i.e., list server, Usenet, news groups, chat rooms) for personal purposes. ■ Employees must not intentionally use the Internet facilities to disable, impair, or overload performance of any computer system or network, or to circumvent any system intended to protect the privacy or security of another user. • Employees shall not create, install, or knowingly distribute a computer virus of any kind on any municipal computer, regardless of whether any demonstrable harm results. • Resources of any kind for which there is a fee must not be accessed or downloaded without prior approval of a supervisor. ■ Resources which are not clearly used for a City purpose must not be accessed or downloaded. ■ Employees shall not copy, install, or use any software or data files in violation of applicable copyrights or license agreements. Employees are to contact the Computer Committee if they are unsure about the copyright or license agreement that applies to the software in question. Personal Use Generally, Internet use should be for legitimate City business only; however, brief and occasional personal use (i.e., surfing, browsing) is acceptable if the following conditions are met: • Personal use of the Internet is a privilege, not a right. The privilege may be revoked at any time and for any reason. Abuse of the privilege may result in appropriate disciplinary action. • Personal use of the Internet should not impede the conduct of City business; only incidental amounts of employee time — time periods comparable to reasonable coffee breaks during the day — should be used to attend to personal matters. Employee E -Mail and Intemet Use Policy Page 4 i ORDINANCE NO. 1998 -10 AN ORDINANCE PROVIDING BUDGET AMENDMENT FOR THE REMAINDER OF THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998. WHEREAS, the budget amendment of Increase Revenue: Gross Receipts Tax $30,000 Court Fines 22,500 Grants 23,200 EMS Transfers (15,000) Interest Income 20,000 Property Sales 40,000 Water Sales 75,000 Sewer Sales 10.000 $205,700 Increase Expenditures: City Council $ 1,550 Municipal Buildings 7,025 Finance 65,000 Court Warrant Collection 2,000 Park Maintenance 233,570 Streets 32,570 Fire (6,740) Police 23,200 Capital Projects 60,000 Water Distribution 10,950 Wastewater Collection 12,650 Wastewater Treatment (8,615) Airport 11.119 $444,279 Net budget Increase (Decrease) 238 579 for the fiscal year beginning October 1, 1997 and ending September 30, 1998, was duly presented to the City Council by the City Administrator and a public notice was posted in the Stephenville City Hall. Page I F D : \WP- FILES\MARK\BUDGEMUDORD.WPD City of Stephenville MEMORANDUM TO: The Honor Mayor and City Council DATE: April 16, 1998 FROM: Donald B. Davis, City Administrator SUBJECT: Mid -year budget review The mid -year budget review workshops are scheduled for Thursday, April 23 and Monday, April 27, if necessary. The workshops will start at 5:30 p.m. in the Training Room. Attached is a copy of the proposed amended Operating Budget and Program of Annual Services for the City of Stephenville for the fiscal year 1997 -98. The proposed expenditures, including capital replacement and new programs, can be funded from the annual income. No reserves are proposed to be expended from any of the funds except for those projects that have been approved and authorized by the City Council. Some funded projects approved in 1996 -97 budget were carried forward and expended during this budget year. An explanation of this is contained in the "highlights" section of the memorandum. Mid -year budget amendment highlights for this fiscal year are as follows: Item 1. The cost for invitations, postage, and the Open House of the new City Hall facilities were paid for out of the City Council budget. Also, costs of advertising Council actions has increased. Therefore, an additional $1,550 is added to the Council budget. Item 2. The municipal buildings budget is increased by $7,025 for additional janitorial supplies and minor maintenance. Costs for additional microphones for the Council Chambers have been included. Item 3. In the fiscal year 1996 -97 the Council authorized $300,000 for the completion and implementation of the computer systems network and internet services. $65,000 of those costs have been carried over into this fiscal year. The Finance budget is amended to reflect this carry forward cost. Item 4. The increased number of municipal court citations results in additional warrants. An additional $2,000 has been added for Municipal Services Bureau (MSB) fees to collect the outstanding warrants. '�i v Item 5. Increase in the Park Maintenance budget of $233,570 is as follows: a. Part-time wages of $6,160 are added for a person to supervise and coordinate the work and workers doing community service duty this summer as assigned by the courts. b. An additional $5,000 is added to Park Maintenance for water and sewer hookup for the new restroom and additional landscaping in the Optimist Jaycee Park. The restroom was donated by the Optimist Club. C. The capital expenditure of $19,500 is added for the improved lighting on the Optimist Softball field as approved by the Council in the March meeting. d. Completion of the Downtown Plaza and payments thereof were made in this fiscal year ($202,910). The budget of that project was originally in the 1996- 97 budget. Item 6. Increase in the Street Department budget of $32,570 is as follows: a. A new crack sealing program is proposed. The cost of $8,640 is added for 3 part-time workers for 12 weeks. This should be funded from the street maintenance account, but the inclusion of Byron Street has depleted that account. b. The cost of the Prairie Wind drainage project, as directed by the Council, was an additional $14,430. This amount was added to the right -of -way maintenance. C. The final payment of $9,500 for the 1997 street renovation project, was made in this fiscal year. Item 7. The Fire Department budget decreased by $6,740 as a result of the cancellation of the emergency transfer service for Harris Methodist Erath County Hospital. Similar adjustments were made to the revenue generated through this program. Item 8. The Police Department budget has increased by $23,200 for the STEP Grant Program and the over time cost associated with that project. Additional grant revenue is budgeted to offset this expenditure. Page 2 D:\WP-FILES\MARK\MEMOS\BUDGET.WPD Item 9. Water and wastewater fund budget has been increased by $14,985 as follows: a. Water distribution cost increased by $10,950 for the Airport Pump Station pump rehabilitation, electrical control problems (both approved by Council), and the increased number of street cuts. b. Wastewater collection budget increased by $12,650 for the emergency repairs to the HVSC truck (Council approved), sewer line maintenance on Graham Street for the TXDOT project, and additional street cuts. C. The cost of toxicity testing ($8,615) has been eliminated from the Wastewater Treatment Plant budget for this year. Item 10. No changes are recommended for the Landfill Fund. Item 11. In the Airport budget, the consultant and engineer fees paid to the TXDOT Aviation Division for the design phase of the airport improvement program of $11,119 has been added. This is in keeping with the airport grant contract, and monies were in reserves for this. Item 12. Expenditures of $60,000 for the Public Safety Building Facility completion have been added to the Capital Projects Fund. This money was approved and budgeted last year. Item 13. Additional revenue of $207,500 is as follows: a. During the franchise negotiations with Lone Star Gas Company a couple of years ago the gross receipts tax was increased to provide additional funding for economic development. This year was the first check with this increase. The budget has been amended by $30,000. b. Municipal Court fine revenue is up by $22,500. C. Other general fund revenue increases were from the sale of Harbin Drive property ($40,000) and interest revenues ($20,000). d. Water and sewer revenues have increased as a result of the development and population growth. In conclusion, we continue to operate well within the budget and are able to maintain good reserves. If any of you have questions concerning this mid -year budget, or if you want to review the detail accounts, please contact me. 'F Page 3 D: \WP- FILES\MARK\MEMOS\BUDGET. WPD LAND ACQUISITION: S B & T/Terrell/Nix RENOVATION: City Hall Public Safety Fire Station Architect Fees Contingency Total Renovation SERVICE CENTER -- Buildings FIRE EQUIPMENT: Arial Truck Pumper Booster S, i °ISCAL FEES: CITY OF STEPHENVILLE Building Program 1996 BOND FUNDS Budge � $ 260,000.00 110,000.00 125,000.00 160,000.00 60:000.00 455,000.00 500,000.00 459,600.00 195,400.00 100 000.00 755,000.00 Actual $ 262,792.00 180,305.13 95,604.64 143,392.45 24,000.00 443,302.22 500,000.00 449,699.00 196,902.00 89.991.00 736,592.00 Difference $ ( 2,792.00) (70,305.13) 29,395.36 16,607.55 (24,000.00) 60,000.00 11,697.78 9,901.00 ( 1,502.00) 10,009.00 18,408.00 30 000 00 30 000.00 - TOTAL BOND FUNDS $2.000.000.00 $1,972.686.00 S27.313.78 r Additions to Contract (see Attachment "A ") (26,126.00) Incidentals to Contract (see Attachment `B ") (13.449.98) NET COST TO GENERAL FUND $ 12 262.20 Special Note: (1) City Hall $424,360/14,000 sq. ft. = $30.31 per sq. ft. (2) Public Safety $105,280/ 6,900 sq. ft. = $15.26 per sq. ft. (3) Fire Station $167,532/ 7,585 sq. ft. = $22.09 per sq. ft. .) %'P- FILESUI4RK: C.4PITOLBLD 04/08/97 Attachment "A" CITY HALL CONSTRUCTION ADDITIONS TO CONTRACT City Electric: Replace 16 Florescent Light Fixtures Upstairs $ 1,560.00 Nick McCarty Painting: Paint East and South Brick Walls (2 coats paint) 3,800.00 Rick Hale Construction: Replace Sidewalk South Side Washington (Belknap to Columbia) 6,400.00 Overhead doors @ Fire Station #1 6,366.00 Driv gray @ Fire Station #1 &000.00 00 TOTAL Additions to Contract 526,126.00 i r D:,u'P- FILES' BEIT1'CINGORD.CON 04/04/97 r r Attachment `B" CAPITAL IMPROVEMENT PROJECT INCIDENTAL EXPENSES TO CONTRACTS CITY HALL: Harold Adams, PE (structural inspection) $ 2,000.00 Consulting Environmental Engineers 1,058.00 Pro -rata Property Taxes 1,690.00 Texas ADA Licensing 175.00 Landfill Charges 1,666.00 Sub -Total City Hall $ 6,589.00 FIRE STATION NO. 1: Texas ADA Licensing $ 175.00 Landfill Charges 1.599.00 Sub -Total Fire Station No. I 1,774.00 PUBLIC SAFETY FACILITY: Texas ADA Licensing $ 175.00 j Landfill Charges 1.500.00* Sub -Total Public Safety Facility 1 675 00 TOTAL Incidental Expenses $13.449.98 * Estimated 04/07/97 r a x ORDINANCE 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 r That Chapter 19 of the Code of Ordinances of the City of Stephenville is hereby amended as follows: WATER, SEWERS, SEWAGE DISPOSAL Chapter 19 WATER, SEWERS AND SEWAGE DISPOSAL Art. I. In General, § § 19 -1 - 19 -10 Art. H. 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 H. DISCHARGE OF WASTE See. 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; Page #2 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. Page #3 (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. (l 1) 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 z 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 Page #4 POTW. - (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): l; Section 405 of the Clean Water Act, the Solid Waste DisposalAct (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." G Page #5 - (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 Page #6 (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) parrs 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, Page #7 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 Page #8 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 classificationpursuant 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 Associationlhe American Waterworls Association and the Water Pollution Control Federation. Page #9 (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 surdice 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 ft 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 potion thereof, when the Discharger is providing any service or producing its product or any part of its product line, or otheraae generating Page #10 non- domestic wastewaters that maybe discharged to the POTW. All other useof this term shall mean any day a non - domestic wastewater discharge occurs. (65) Abbreviations: The following abbreviations shall have the designated meanings: * BOD - Biochemical Oxygen Demand * CFR - Code of Federal Regulations * COD - Chemical Oxygen Demand * EPA - U.S. Environmental Protection Agency * gpd - Gallons Per Day * L - Liter * mg - Milligrams * mg /L - Milligrams per Liter * NPDES - National Pollutant Discharge Elimination System * O &M - Operation and Maintenance * POTW - Publicly Owned Treatment Works * RCRA - Resource Conservation and Recovery Act * SIC - Standard Industrial Classifications * SWDA - Solid Waste Disposal Act (42 U.S.C. 6901, et seq.) * TSS - Total Suspended Solids * USC - United States Code Sec. 19 -12. Policy, y 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 vastewater 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, Page #11 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 otha 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, accordig to this Ordinance. (D) Parts of this ordinance are enacted pursuant to regulations established by the U.S. Environmental Protection Agency (EPA). All Categorical Pretreatnent 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 regulatiols 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 sda 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 developai and implemented procedures to ensure compliance with the requirements of aPretreatment 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 wastewters 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 Page #12 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 fhnmiable 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 an}cleaning or maintenance is to be forwarded to the Control Authority bythe disposal facility. If necessary, the Control Authority mT 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 1407 (601C) 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 /; 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 Page #13 inhibit biological activiy in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the tratment plant to exceed 104'C (40'C). (6) Petroleum oil, non - biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (7) Any pollutants which result in the piesence 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 mher 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 Page #14 100 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 Page #15 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; C. 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 personis discharging, or causing to be discharger] 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 up 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: Page #16 (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 applcable, 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 Authority within 60 days after the effective date of this Ordinance. No designatedlischarger proposing to connect or contribute any wastewater to the P(TW 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 modify 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 practici le 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 dischargg 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 it cause; the period of non -com #fiance, 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 Page 917 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 number 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 Page #18 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 equipmem 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 F)TW 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 existi@ Significant Industrial Dischargers connected toor contributing to the POTW shall obtain a Discharge Perml 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 Permit 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); Page #19 (2) SIC number according to the Standard Indistrial 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 incrments 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 Pretreatmait 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 mmrths, nor shall the total compliance period exceed 18 months. Page #20 — C. Not later than 14 days following each date in the schedule and the final dat 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 care 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 Mays of the reasons for such denial. If denial is based on theControl Authority's determination that the applicant cannro 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 Miry. 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 fr 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; Page #21 — (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 volummr 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 expiratiotdate 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 operatimt processes, or discharge volume or characta which were not considered in drafting the effective permit; (c) A change in any condition in either the industrial user or the POTW that Page #22 requires either a temporary or permanent reduction or elimination of the 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) Misrepresentation or failure to disclose fully all relevant facts in the permfl 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 publishel 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 Page #23 - 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. TIP 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 rpon 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 iew 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 pursuanto Section 19 -25 for the following reasons: (1) Falsifying self - monitoring reports; Page #24 (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 Authorty 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 Page #25 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 and 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 Adiority, 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 POTW 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 imprakical 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 theperson 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. Page #26 (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. Samples;hall 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 Discharg< 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 schedulk 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 Discharger shall 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 inay 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 or 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 Pretreatmeh 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 Page #27 Categorical Pretreatment Standards and Pretreatment Requirements are being met on wonsistent basis, and if not, what additional O &M and /or pretreatment is necessary to bring 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 Discharge!; any Significant Industrial Discharger subject to a Categorical Pretreatment Standard shall submit to the Control Authority a report indicating thenature 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 O&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 DischargesubjecttoaCategoricd Pretreatment Standard or requestel 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 concentrationof prohibitt and regulated substanms 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 faatrs 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 submitthe 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. Page #28 (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 hformation 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 -'r 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 sbmitted 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 (1a months, were in significant 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 Page #29 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 (inluding endangering the health of City personnel or the general public); (4) Any discharge of pollutants that hx 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 aiforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide within30 days after the due date, any required reports, including baselia monitoring reports, 90 day compliance reports, periodic self - monitoring reports, and report 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 - fourperiodof suspended solids or BOD content in excess of "normal domesti 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 /L2)(8.34 lb /gal). Page #30 TSS Surcharge, $ /day' _ (Rate /lb)(million gallons per day)(TSS mg /L minus 225 mg/L)(8.34 lb /gal). Working days for specific industry 2 Refer to Section 19 -11 (31) Monitoring for surcharge determination(s)may be conducted by the City on a random basis and shdl consist of time or flow - weightedtwenty - 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 mart 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; AdministrativeAdjustment: Whenever the Control Authority find that any Discharger has violated or is violating this Ordinance orits Discharge Permit, the Control Authority may serve or cause to be served upon such Discharger a written notice, either by personal deliverpor by certified or registered mail, return receipt requested, stating the nature of the allegediiolation. 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 meals of administrativeadjustnent 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 thtfime and place of a hearing to be held by the Control Authority or its designee regarding the violation, the reasons why the efareement 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 di 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 Page #31 involved in such hearing; (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, telimony 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 required for a full and true disclosure of the facts. A transcript will be made available to any member of thepublic 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 treatinent faciliies, 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 ceder 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. Emer encySuspension of Service and /or Discharge Permits. The Control Authority may suspend the wastewater treatmeniservice and /or a wastewater Discharge Permit when such suspension is necessary, in the opinion of the Control Authority, in order totop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the healt 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 supension 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 possibi Page #32 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 suhnitted 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 provision; 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 jurisdtdon. 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 a part 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. r 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 horns of first awareness of the commencement of theupset. A written report shall also be filed by the Discharger w�h 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. Page #33 - (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 discharge 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 prevell 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 aiy 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). Page #34 (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. Billine. 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 lay bills. If a Discharger's payment of its monthly bills for water and sewer services, including any indatrial 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 a like 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 chose only source of intake water is the City water service may apply to the Control Authority to adjust Categorical Pretreatment Standards and /or Pretreatmeh 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 ControlAuthority may make such charges, known Page #35 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, woad, section, or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining praisions, 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 omas, City Attorney Approved as to form and legality Page 436