HomeMy WebLinkAbout1990-O-05 - Chapter 19 Code Of OrdinancesORDINANCE N0.1990-05
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE
CITY OF STEPHENVILLE; DEFINING TERMS THEREIN USED; RECULATINC THE
DISPOSAL. OF WASTE AND SEWAGE; MAKING PROVISIONS FOR THE HANDLING
AND TREATMENT OF WASTE BY DOMESTIC.AND INDUSTRIAL USERS OF THE
WASTE DISPOSAL SYSTEM OF THE CITY OF STEPHENVILLE; PROVIDING FOR
PERMITS BY INDUSTRIAL USERS AND PROVIDING FOR INSPECTION BY THE
CITY OF STEPHENVILLE AND FIXING PENALTIES FOR THE VIOLATION OF THE
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
That Chapter
19 of
the Code of
Ordinances of the
City of
Stephenville be
amended
and same 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. II. Discharge of Wastes, § § 19-11 - 19-35
ARTICLE Y. IN GENERAL
Sec. 19 -1. 0n0.n.jncr.,_V_a ter meter box. -
It shall be unlawful for any person other than a duly
authorized city employee to open a city water meter box, such city
water meter box being the closed box which houses the meter
measuring the water to each city water user and consumer. (Rev.
Ords. 1958, Art. 374)
Secs. 19-2 - 19-10. Reserved,
ARTICLE II. DISCHARGE OF WASTE
Sec. 19-11. Defna_t ions .
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) 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 f ive ( 5 ) days at a temperature
of twenty (20) degrees Celsius. The laboratory
determinations shall be made in accordance with
procedures --set forth in "Standard Methods."
(3) 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.
( 4 ) Building sewer: The extension from the building drain
to the public sewer or other place of disposal.
1
(5) 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.)
(6) City: The City or City Council of Stephenville, Texas,
or any authorized person acting in its behalf.
(7) 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
177
authorized representative of that designated department.
(8) 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.
(9) Discharge: The introduction or addition of any waste,
wastewater, or other substance into the POTW.
(10) 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.
(11) Domestic sewage: Water -borne wastes normally discharged
from the sanitary conveniences of dwellings (including
apartment houses and hotels), office buildings,
factories, and institutions, free from storm and surface
waters and industrial wastes.
(12) 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.
(13) 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.
(14) Grease: Fatty acids, soaps, fats, waxes, petroleum
products, oil, and any other material which is
extractable by hexane or f reon solvent from an acidified
sample, and which is not volatilized during evaporation
of the solvent.
2
(15) Grease trap: A device by which the grease content of
sewage may be cooled and congealed so that it riiay be
skimmed from the surface.
(16) Indirect discharge: The discharge or the introduction
of Industrial Waste into a POTW.
(17) Industrial Discharger: Any person who discharges or
introduces an Industrial Waste into a POTW.
(18) Industrial waste: Water -borne solids, liquids, or
gaseous wastes resulting from and discharged, perrnitted
to flow, or escaping f roln 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 "nondomestic waste.$,)
(19) Interference: A discharge which, alone or in conjunction
with a discharge or discharges from other sources, both:
(a) Inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes,
use or disposal; and
(b) Therefore, is a cause of a violation of any
requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a
violation) or of the prevention of sewage sludge use
or disposal in compliance with the following
statutory provisions and regulations or permits
issued thereunder ( or more stringent State or local
regulations): Section 405 of the. Clean Water Act,
the Solid Waste Disposal Act (SWDA) (including Title
II, more commonly referred to as the Resource
Conservation and recovery Act (RCRA), and including
State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of
the ..SWDA), the Clean Air Act, the Toxic. Substances
Control Act, and the Marine Protection, Research and
Sanctuaries Act.
(20) Liquid Waste Hauler: -Any person who transports
wastewater beyond the site of origin within the City.
(21) mg/L: Milligrams per liter.
(22) National Pollution Discharge Elimination System (NPDES)
Permit: A permit issued pursuant to Section 402 of the
Act (33 U.S.Ce 1342) which regulates discharges to
"Waters of the State."
3
(23) Natural outlet: Any outlet into a watercourse, pond,
ditch, lake or other body of surface or ground water.
(24) Normal domestic sewage: Domestic sewage in which the
average concentration of suspended solids 4nd five-day
BOD are at two hundred and twenty- f ive (1-225) parts per
million (milligrams per liter) each, or lower.
(25) 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 o f , 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.
(26) Parts per million: A weight -to -weight ratio also
expressed as milligrams per liter; the parts per willion
value, multiplied by the factor eight and three hundred
forty-five thousandths (8.345) shall be equivalent to
pounds per million of water.
(27) 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 NPDLS or
TWC permit or any discharge permit issued by the State.
(28) Permit or Discharge Permit: A wastewater discharge
permit issued to a Significant Industrial Discharger to
allow a discharge into the POTW.
(29) Person: Any person, natural or artificial, including any
individual, firm, company, partnership, trust, estate,
municipal or private corporation, association,
governmental agency or other entity, or thcair
representatives, agents, servants or employees.
(30). 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 "Standard Methods.11
(31) POTW treatment plant.* That portion of the POTW designed
to provide treatment to wastewater.
(32) 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
4
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).
(33) 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.
(34) Properly shredded garbage: Garbage that has been
shredded to such a degree that all particles will 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.
(35) Public sewer: A sewer in which all owners of abutting
properties have equal rights and interest, and which is
controlled by public authority.
(36) 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. 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 agreement with 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.
(37) 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.
(38) 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.
(39) Sewer or sanitary sewer: A pipe or conduit for conveying
sewage, and into which storm, surface, and ground waters
are not intentionally admitted.
5
(40) Shall - Is mandatory: May - Is permissive.
(41) Significant Industrial Discharger: Any Industrial
Discharger who ( a ) has an average discharge flow into the
POTW of 25,000 gallons or more per work day; or (b) has
an average daily ( work day) discharge f lOw greater than
5 percent of the average daily flow ; into the POTW
Treatment Plant serving the Discharger; or (c) has in its
wastes toxic pollutants defined pursuant to Section 307
of the Federal Water Pollution Control Act, and as
defined by the Texas Statutes and Rules; or (d) is
:subject to Categorical Pretreatment Standards; or (e) is
found by the City, the Texas Water Commission, or the U .
S. Environmental Protection Agency to have caused
Interference or otherwise to have significant impact,
either singly or in combination with other contributing
industries, on the POTW, the quality of sludge, the
POTW's effluent quality, or air emissions generated by
the POTW. This definition includes any hauler of
wastewater who discharges into the POTW and who falls
within any of the criteria (a) through (e) specified
herein.
(42) Slugload: Any substance released in a discharge at a
rate and/or concentration which causes interference to
a POTW.
(43) Standard .industrial Classification (SIC ): A
classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of
the President, Office of Management and Budget.
(44) Standard Methods: The examination and analytical
procedures set forth 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 Association, the American Waterworks
Association and the Water Pollution Control Federation.
(45) State: State of Texas, including the Texas Water
Commission (,11TWC11) or any duly -authorized agency thereof
having jurisdiction over Waters of the State, •sewage
collection or treatment, or municipal sewage sludge
disposal.
(46) Storm sewer or storm drain: A pipe or conduit for
conveying storm and surface waters and drainage, and from
which domestic sewage and industrial waste is excluded.
(47) Storm water: Any flow occurring during or following any
form of natural precipitation and resulting therefrom.
0
It
(48) 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.
( 4 9 ) Suspended. solids: Solids that either f loaf 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 "Standard Methods."
(50) 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.
(51) Upset: Any exceptional incident in which a Discharger
unintentionally and temporarily fails to comply with the
standards established in this ordinance or with the
D.ischarger's permit, due to factors beyond the reasonable
control of the Discharger, excluding noncompliance to
the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless
or improper operation thereof.
(52) Wastewater: The liquid and water -carried industrial or
domestic wastes from dwellings, commercial buildings,
industrial f acilities , 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.
(53) Water of the State: The water of the ordinary flow,
underfloor, and tides of every flowing river, natural
stream, and lake, and of every bay or arm of the Gulf of
Mexico, and the stormwater, floodwater, and rainwater of
every river, natural. stream, canyon, ravine, depression,
and watershed in the State.
(54) Watercourse: A channel in which a flow of water occurs,
either continuously or intermittently.
(55) Work day: When used in conjunction with the
determination of a Significant Industrial Discharger, the
terms means any day, or portion thereof, when the
Discharger is providing any service or producing its
product or any part of its product line, or otherwise
generating nondomestic wastewaters that may be discharged
7
to the POTW. All other use of this term shall mean any
day a nondomestic wastewater discharge occurs.
Sec. 19 -12 pojicy.=F--p . c t o .
(a) This Ordinance provides for prohibitions'; oil 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 conformity with 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 norinal operation of the
POTW or contaminate the resulting sludge;
(2)
To prevent the introduction of pollutants into the POTW
which will pass through the POTW, inadequately treated,
into -receiving waters or the atmosphere or ot:lierwise be
incompatible with the system; and
(3)
To improve the opportunity to recycle or reclaim the
wastewater and to dispose of, recycle, or reclaim the
sludge generated by the POTW.
(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, according to this Ordinance.
(d) Parts of this Ordinance are enacted pursuant to
regulations established by the U.S. Environmental Protection Agency
(EPA). All Categorical Pretreatment 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 regulations regarding
sewage pretreatment. established pursuant to the Clean Water Act.
The City shall maintain current standards and regulations which
shall be available for inspection and copying.
(e) The City shall have the authority to promulgate such
administrative regulations as are from time to time necessary for
the implementation and enforcement of this Ordinance. Public
notice of any such 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 for oral presentation. After
consideration of the relevant matter presentc-:d, in conjunction with
0
s
It
any regulation adopted, the City shall prepare a concise general
g
statement of the basis and purpose of the regulation.
Sec. 19-13.
Approval required: Review and acceptance; of". the Control
Y
( a) PP re q
Authority, pursuant to Section 19-23 of this Ordinance, shall be
obtained prior to the discharge into the POTW of any wastewaters
having:
(1) A five-day, twenty (20) degrees Celsius biochemical
oxygen demand (BOD) greater 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 processing facilities as may be necessary to prevent:
(1) Pass Through; (2) Interference; (3) a violation of the
Discharger's Categorical Pretreatment Standards; (4) any 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 might obstruct or
otherwise interfere with the operation of the POTW, or any
flammable wastes, sand, or other harmful ingredients; except that
such interceptors shall not be required for private 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. Crease
and oil interceptors shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight, and equipped
with easily removable covers which, when bolted in place, sfiall 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 any
cleaning or maintenance is to be forwarded -to the Control Authority
within one (1) week of its completion. If necessary, the Control
Authority may establish and require specific interceptor cleaning
frequencies for individual owners to be in compliance.
E
r
Sec. 19-14 . Pro...hib ted d i_scharaes .
(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, the 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) Any wastewater having a temperature which will inhibit
biological activity in the POTW treatment plant resulting
in interference; but in no case wastewater with a
temperature which exceeds one hundred fifty (150) degrees
Fahrenheit (sixty -live (65) degrees Celsius).
(2) Any wastewater containing wax, grease, oil, plastic, or
other substance that will solidify or become discernibly
viscous at temperatures between thirty-two (32) degrees
to one hundred fifty (150) degrees Fahrenheit.
(3) Any liquids, solids, or gases which by reason of their
nature or quantity are, or may be, sufficient either
alone or by interaction with other'substances to cause
fire or explos ion or be injurious in any other way to the
POTW, to the operation of the POTW, to the health and
safety of personnel maintaining and operating the POTW,
or to any other persons or property.
(4) Any solids, floatables, slurries or viscous substances
of such character as to be capable of causing obstruction
to the flow in sewers, or other interference with the
proper operation of the POTW, such as ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, whole blood, paunch manure, hair and
fleshings, entrails, lime residues, slops, chemical
residues, paint residues, or bulk solids.
(5) Any garbage that has not been properly comminuted or
shredded to such a degree that all particles gill be
carried freely under the flow conditions normally
prevailing in the public sewers, with no particle greater
than one-half (1/2) inch in any dimension.
(6) Any.wastewater having a pH lower than five (5.0) or
higher than eleven (11.0), or having any other corrosive
property capable of causing damage or hazard to
structures, equipment, and/or personnel of the POTW.
(7) Any wastewater containing toxic pollutants in sufficient
quantity, either singly or by interaction with other
10
pollutants, to injure or interfere with any wastewater
treatment process, constitute a hazard to humans or
animals, create a toxic effect in the receiving waters
of the POTW, or to exceed the limitation set forth in a
Categorical Pretreatment Standard. A toxic pollutant
shall include but not be limited to 'any, pollutant
identified pursuant to`Section 307(a) of`the Act.
(8) Any noxious or malodorous liquids, gases, or solids which
either singly or by interaction with other wastes are
sufficient to create a public nuisance or hazard to life
or are sufficient to prevent entry into the sewers for
maintenance and repair.
(9) Any substance which may cause the POTW' s effluent or any
other product; of the POTW such as residues, sludges, or
scums, to be unsuitable for reclamation and reuse or to
interfere with the reclamation process. In no case,
shall a substance discharged to the POTW cause the POTW
to be in non-compliance with sludge use or disposal
criteria, guidelines, or regulations developed 'under
Section 405 of the Act; or any criteria, guidelines, or
regulations affecting sludge use or disposal developed
pursuant to -the Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substances Control Act, or State criteria
applicable to the sludge management method being used.
(10) Any substance which will cause the POTW to violate its
NPllES and/or State discharge permit or receiving water
quality standards.
(11) Any wastewater with objectionable color not removed in
the treatment process, such as, but not limited to, dye
wastes and vegetable tanning solutions.
(12) Any slugload, which shall mean any pollutant, including
oxygen demanding pollutants (BOD, ammonia, etc.) released
in an extraordinary discharge episode of such volume or
pollutant concentration as to cause interference to the
POTW. In *no case shall a slu load have a flow rate or
.. slug
load
concentration or qualities of pollutants that
exceed for any time period longer than fifteen ( 15 )
minutes more than five ( 5 ) times the average twenty-four
(24) hour concentration, quantities, or flow during
normal operation.
(13) Any wastewater which causes a hazard to human life or
creates a public nuisance.
(14) Any wastewater containing any radioactive waste or
isotope of such half-life or concentration as may exceed
11
9
limits established by the City in compliance with
applicable State and/or Federal regulations.
(15) Any cyanide greater than one part per million, as CN.
(16) Any chromium greater than five (5) partsper, million.
(17 ) Any arsenic greater than five -hundredths (D.05) parts per
million.
(la) Any copper greater than one part per million.
(19) Any nickel greater than one part per million.
(20) Any cadmium greater than two -hundredths (0.02) part per
million.
(21) Any zinc greater than five (5) parts per million.
(22) Any phenols greater than twelve (12) parts per million.
(23) Any iron greater than five (5) parts per million.
(24) Any tin greater than one (1) part per million.
(25) Any barium greater than five (5) parts per million.
(26) Any boron greater than one part per million.
(27) Any lead greater than one -tenth (0-1) part per ►pillion.
(28) Any manganese greater than one part per million.
(29) Any mercury greater than five -thousandths (0.005) part
per million.
(30) Any selenium greater than two -hundredths (0.02) part per
million.
� (31) Any silver greater than one -tenth (0. 1) part per million.
(c)" 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.
(d) No wastewater may be discharged into any storm sewer
within the City.
12
Nowastewater may be discharged into any Waters of the
State within the City, unless expressly auth y
(e) authorized b the Texas
Water Commission and the EPA.
f person shall discharge, or cause
( ) No P to be discharged into. .
the POTW any wastewater or other wastes containing:,
(1) Free or emulsified oil and grease, or' combinations
thereof, exceeding on 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 being
affected by normal sewage treatment processes; or
d. Will have deleterious effect on the treatment
process due to the excessive quantities.
(2) Cyanides or cyanogen compounds capable of liberating
hydrocyanic gas on acidification in excess of five -
tenths (0.5) part per million by weight as CN within the
sewer system.
(g) If the Control Authority determines that any person is
discharging, or causing to be discharged, to the PO`1'W 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 19-24 of this Ordinance.
Sec. 19-15.
(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
13
I
IF
stringent than federal requirements and limitations or
those in this or any other applicable ordinance.
( 3 ) No Discharger shall increase the use of process water or
in any other way attempt to dilute a Oisc:harge 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.
f ) (b) Accidental Discharges:
(1) 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 applicable, 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 designated discharger proposing
to connect or contribute any wastewater to the POTW 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
Control 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.
(2) Notice of accidental discharges or IIslugloads":
a. Dischargers shall notify the Control Authority
orally as soon as practicable but not later than
within 24 hours following the occurrence of a
"slugload" or accidental discharge of substances
prohibited by this Ordinance. The noti f is at ion
shall :include location of discharge, date and time
thereof, type of waste, concentration and volume,
and corrective actions.
14
9
4
b. A written report shall also be provided within 5
days of the occurrence. The written report shall
contain a description of the noncompliance and its
cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not
been corrected, the anticipated time'. it. is expected
to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the
noncompliance. The Control Authority may waive the
written report on a case -by -case basis if the oral
report has been received within 24 hours.
c . Notification shall not relieve the Discharger of any
7r ex ense, loss, damage, or other liability which may
P • to the POTW fish
be incurred as a result of damage ,
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.
(3) Liability due to accidental discharges or "slugloads":
Any Discharger who discharges "slugloads" or prohibited
materials shall be liable, pursuant to Section 19-28 of
this Ordinance, for any expense, loss, or damage to the
POTW caused thereby, in addition to the amount of any
fines imposed on the Control Authority on account thereof
under State and Federal law.
( 4 ) Instructions to employees: Each employer shall instruct
all applicable employees who may cause or discover such
a discharge with respect to emergency notification
procedures including the proper telephone number and/or
extension number of the Control Authority to be notified.
Sec. 19 -16 . 'Wa t_ekater d a sc r. ge perm _i_ t s .
(a) It shall be unlawful for any Significant Industrial
Discharger to discharge to the POTW 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 POTW shall obtain a Wastewater
Discharge Permit before connecting to or contributing to the POTW.
All existing Significant Industrial Dischargers connected to or
contributing to the POTW shall obtain a Discharge Permit 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.
15
. 1 Dischargers shall apply for a
Existing Significant • Industrial effective date of this
• permit within 60 days after the
Discharge new Si nificant Industrial Dischargers
Ordinance, and proposed n g to or contributing
at least 6 0 days prior to connecting be
shall apply Significant Industrial Discharger shall
to the . i'OTW. No Signif com :C;eted Discharge
- to discharge if it f ails to submit a p
permitted the -specified time. In support of the
Permit Application within the s P units and terms
application,
ion the Discharger shall submit,
appropriate for iin .
evaluation, the following information:
(1)Name, address, and
location, (if different from the
address);
din to the Standard Industrial
(2) SIC number according the Budget,, 1972, as
Classification Manual, Bureau of �J
amended;
(3)
Wastewater constituents and characteristics including but
19 and 19 --
- those mentioned in Sections -13
not limited to reliable
' determined by
14 of this Ordinance as •a
' laboratory; sampling and analysis shall be
analytical Y
performed in accordance with procedures established by
304(g) of the Act and
the EPA pursuant to Section
contained in 40 CFR, Part 136, as amended;
(4)
Time and duration of contribution;
(5)
Dail maximum, daily average, and monthly average
y including daily, monthly and
g Y
wastewater flow rates,
seasonal variations if any;
(6)
Site plans, floor plans, plumbing plans and details to
S p �
show all sewers, floor drains, sewer connections, and
appurtenances by the size, location, and elevation;
(7)PDescription
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 will be required
._
�o meet the Pretreatment Requirements; the shortest time
16
07�
schedule by which the Discharger will provide such
additional pretreatment and/or O&M. The completion date
in this schedule shall not be later than the compliance
date established for the applicable Pretreatment
Requirement:
The following conditions shall apply to ',this schedule:
a. The schedule shall contain increments of progress
in the form of dates for the commencement and
completion of major events leading to -tile
construction and operation of additional
pretreatment required f or the Discharger to meet the
applicable Pretreatment Requirements (e.g., hiring
an engineer, completing preliminary plans,
completing final plans, executing contract for major
components, commencing construction, completing
construction,. etc.).
b. No increment referred to in paragraph (a) shall
exceed 9 months, nor shall the total compliance
period exceed 18 months.
c . Not later than 14 days following each date in the
schedule and the final date 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 on 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
than 9 months and 14 days elapse between such
progress reports to the Control Authority.
(10) Any other information as may be deemed by the
Control Authority to be necessary to evaluate the
permit application.
(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 30 days
of the reasons for such denial. If denial is based on the Control
Authority's determination that the applicant cannot meet the
Pretreatment Requirements specified in this Ordinance, the Control
Authority may specify that additional pretreatment operations will
17
be required of the applicant in compliance with Section 19-
16(c)(9) of this Ordinance.
Permit Conditions. Wastewater Discharge Permits shall
(e) and all other
subject to all provisions of this Ordinance,
applicable regulations, industrial waste surcharge6, and fees
established by the City. 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 rate and time of discharge
and/or requirements for flow regulation and equalization;
� 1 discharge
(3) Development and implementation of accidents e g
prevention and control plans pursuant to Section 19-15
(b) (1) of this Ordinance;
( 4 ) The unit charge or schedule of user charges and fees for
the management of the wastewater discharged to the POTW;
(5) Requirements for installation and 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 volume or character of the
wastewater constituents being introduced into the Po,rw;
(12) Requirements for notification of excessive, accidental,
or slug discharges as per Section 19-15(b)(2);
r
(13) The duration of the Permit, which shall not extend beyond
the expiration date of the City's NPDES pern-kit;
(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 operation
processes, or discharge volume or character
which were not considered in drafting the
effective permit;
(c) A change in any condition in either the
industrial user or the POTW that requires
either a temporary or permanent reduction or
elimination of the authorized discharge in
order to implement the prohibitions in Section
1*9-14 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 permit application
..or in any required reporting;
(g) Revision of or a grant of variance from federal
categorical pretreatment standards pursuant to
40 CI'R 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 u new owner./operator;
19
1
(j) U request uest of the permittee, provided such
p q
request does not create a violation of afly
applicable requirements, standards, laws, or
rules and regulations.
(2) The filing of- a request by the permittee for a
permit modification, revocation and rp�issuance, or
termination, or a notification of planned changes
or anticipated noncompliance, does not stay any
permit condition.
An request by the permittee for a modification of
(3) y hall be ~
its permit shall be in writing and s
10,01
accompanied by all relevant data, documentation,
explanations, and other pertinent information.
The Control Authority shall provide personal notice
to the permittee, and published notice if public
interest is affected, of any proposed permit
modification at least fourteen (14) days prior to
decision on the proposed modification.
The Control Authority shall provide the permittee
and any requesting interested persons with notice
of the final modification decisions
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 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. The 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.
HE
i
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 its decision whether to affirm, vacate, or
modify the terms of permit issued.
e. The Control Authority's action upon any petition for
reconsideration shall be considered final for
purposeso f an judicial review.
Y
(h) Permit Transfer: Permits may be reassigned or
transferred to a new 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 pursuant to Section 19-24 for the following reasons:
(1) Falsifying -self -monitoring reports;
(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-
31 of this Ordinance;
(6) Failure to pay sewer charges; or
21
(7) Failure to meet compliance schedules.
(j) Permit Reissuance: The Discharger shall apply for permit
reissuance by submitting a 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 e
(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.
(1)
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 to be
a "Significant Industrial Discharger" as defined in
Section 19-11 (41);
(2)
The Discharger has not met any of those criteria for the
immediately preceding three (3) years; and
(3)
Therefore, the permitting requirements of Section 16-16
should no longer apply to the Discharger.
The petitioning Discharger shall produce all information
relevant to the requested findings.
The Control Authority shall afford reasonable opportunity for
a hearing on any relevant factual issues upon request of the
petitioning Discharger.
If the Control Authority finds that the Discharger does not
meet any of the criteria to be a Significant Industrial Discharger
as defined in Section 19-11 (41) 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 comply therewith.
No such permit cancellation shall affect any later
determination that a Discharger subsequently meets the criteria for
a Significant Industrial Discharger.
22
Sec. 19 -17 . L i�Qlaid W a s t- e lull e r Per_ m it s_ .
.(a) No person shall drain, flush, or clean out- any tanks or
basins containing chemical liquid wastes, septic tanl� wastes, oil
and grease trap wastes, or any other type of domestic or non-
doinestic liquid wastes within the City unless such pek,son is issued
a permit by the Control Authority, 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 of wastewater
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 obtain a Discharge Permit pursuant to Section
19-16 of this Ordinance.
Sec. 19 -18 . MQ.i1a---f a c -' i' e s .
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 impractical or cause undue hardship to the
Discharger, the Control Authority may approve the placement of
monitoring facilities in the public street or sidewalk area. All
monitoring equipment and facilities shall be maintained in safe
and proper operating condition at the expense of the Discharger.
Failure to provide proper monitoring facilities shall be
grounds for denial of a permit application.
(a) The Control Authority may inspect the facilities of any
Discharger to determine compliance 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 times, for the purposes of inspection, sampling, or
exarilinati.on 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
23
safety, internal security, and f ire protection, and if the property
has management in residence, shall notify management or the person
then in charge of his presence and shall exhibit proper
credentials. The Control Authority shall have the right to set up
on the - Discharger,,s property such devices as are reasonably
necessary to conduct sampling, inspection, compliance monitoring,
metering and/or measuring operations.
(b) Any discharges of wastewater or other waste into the POTW
shall be subject to inspection and/or sampling as often as may be
deemed necessary by the Control Authority. Samples shall be
collected in such manner as to be representative of the character
and concentration of the wastewater or waste under operating
conditions. The Control Authority shall provide the Discharger
with a split set of all discharge samples taken. The laboratory
n p y
methods used in the examination of said. waste shall be Standard
Methods and/or those set forth in 40 CFR, Part 136. Regular
inspections and/or sampling shall be conducted at such times and
on such schedules as may be established by the Control Authority.
Should a Discharger desire that a scheduled 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 . ��term�i nat i.n of f l.ow.
(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
Discharger, unless actual sewage flow is measured by a recording
meter of a type approvedby 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* water
consumption shall be the basis for computing the sewage flow.
(b) When water is contained in a product or is evaporated or
is discharged as unpolluted wastewater in- an uncontaminated
condition to surface drainage (in compliance with this Ordinance
and all State and Federal law), an application may be made for a
reduction in the computed volume of waste discharged to the 1uiv
provided supporting data satisfactory to the Control Authorityis
furnished. Such data shall include a flow
w diagram and tether
24
t
indication of the destination of water 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 all of his water
supply from a source or sources other than the City,: any of which
is discharged into the POTW, shall install and maintain at his
expense an effluent meter and/or other flow measuring device of a
p 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. LncT e is i c D.' schar er:�
�. t
4
Permi.ttee_s_.
(a) Baseline Report: Within 90 days following the effective
date for any applicable Categorical Pretreatment Standard or prior
to commencement of the introduction of wastewater into the POI:PW by
a new Significant Industrial Discharger, any Significant Industrial
Discharger subject to a Categorical Pretreatment Standard shall
submit to the Control Authority a report, indicating the nature
and concentration of all prohibited or regulated substances
contained in its discharge, and the average and maximum daily flow
in gallons. The report from existing Significant Industrial
Dischargers shall state whether the applicable Categorical
Pretreatment Standards and Pretreatment Requirements are being met
on a consistent basis, and if not, what additional 0 & M and/or
pretreatment is necessary to bring the Discharger into compliance
with the applicable Categorical Pretreatment Standards and
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 by a Significant Industrial Discharger
with an applicable Categorical Pretreatment Standard or 90 days
following commencement of the introduction of wastewater into the
POTW by a new Significant Industrial Discharger, any Significant
w industrial Discharger subject to a Categorical Pretreatment
Standard shall submit to the Control Authority a report indicating
the nature and concentration of all prohibited or regulated
substances contained in its discharge, and the average and maximum
daily flow in gallons. The report shall state whether the
applicable Pretreatment Standards and Requirements are being met
on a consistent basis and, if not, what addition O & M and/or
pretreatment is 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
Discharger subject to a Categorical Pretreatment Standard or
25
requested by the Control Authority shall submit to the Control
Authority, during the months of June and December of each year,
a report indicating the nature and concentration of prohibited and
regulated substances in the effluent which are limited by the
Pretreatment Standards or Requirements. In addition,, this report
shall include a record of all measured or estimated average and
maximum 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 factors as local high or low flow rates,
holidays, budget cycles, or other extenuating factors, may
authorize the submission or said months on reports
p 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
constituents, or the production and mass of the constituents, where
required by the Control Authority. The frequency of monitoring by
the Discharger shall be as prescribed 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 Standard Methods arid 40 CPR, Part 136.
(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 -2 2 . Con f_ i.dent i a l T,D f orma tiion .
(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 s rla 1 l
be considered sub 'ect to -
• � public disclosure, provided, however, that
the Discharger may. request that information not be subject to
public disclosure, in accordance with 40 CPR Part 2, as follows:
(1) A Discharger may assert a business confidentiality claim
covering part or 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
information will be subject to public disclosure without
further notice to the Discharger.
26
(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 employing
language such as "trade secret," "proprietary," or "company
confidential." Allegedly confidential portions of otherwise
nonconfidential documents should be clearly identified by the
Discharger, and may be submitted 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 . Tndustr.ia1�. s:te surchara..
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 a concentration
for a duration of fifteen (15) minutes greater than four ( 4 ) times
that of "normal domestic sewage" as defined in Section 19-11 (24)
and measured by suspended solids and biochemical oxygen demand
(BOD) and/or an average concentration during a twenty-four period
of suspended solids or BOD content in excess of "normal domestic
sewage-" as defined in Section 19-11 (24) shall be required to
pretreat the industrial wastes to meet the requirements of "normal
domestic sewage;" 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;
,i .
(2) The wastes will not cause Interference to the treatment
process; and
(3) The donor of wastes enters into a contractual agreement
with the City providing for a surcharge over and above
published water and sewer rates, The basis for surcharge
on industrial waste shall be six and three -tenths cents
($0.063) part per million gallons for suspended solids
and BOD (biochemical oxygen demand) exceeding "normal
domestic sewage" limits set forth in Section 19 -11 (2-4),
such rate to continue until changed by regulation or an
amendment of this Ordinance. The above described
27
surcharge shall be interpreted to provide a charge of six
and three -tenths cents (0.063) per pound of BOD and
suspended solids above "normal domestic sewage" and shall
be calculated by the following:
Sg ( 0.0 6 3
urchar e = (million gallons) ( BOD aiid SS minus
)
"normal" ppm) (8.345 pounds per gallon). (Ord. of 4-3-
79, § 6)
Sec. 19 -2 4 .
(a) Revocation of Permit: In accordance with the procedures
in this Section 19-24 of this Ordinance, the Control Authority may
revoke the permit of any Discharger which ( i ) fails to factually
reP ort 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 meet Pretreatment Requirements; ( vi ) fails to pay
penalties imposed pursuant to Section 19-31 of this Ordinance;
( vi..i ) fails to pay bills f or . sewer services; or ( vi ii ) t ail S to
meet compliance schedules.
(b) Notification of Violation; Administrative Adjustment:
Whenever the Control Authority finds that any Discharger has
violated or is violating this Ordinance or its Discharge Permit,
the Control Authority may serve or cause to be served upon such
Discharger a written notice, either by personal delivery or by
certified or registered mail, return receipt requested, stating
the nature of the alleged violation. 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, the parties 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 violation of permit or
Ordinance is not corrected b means of administrative ad ' ustment
Y ].
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 the time and place of a hearing to
be held by the Control Authority or its designee regarding the
violation, the reasons why the enforcement 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
28
shall be served no less than ten (10) days before the hearing.
Service may be made on any agent, officer, or authorized
representative of the Discharger. The Director of the Control
Authority may himself conduct the hearing and take the evidence,
or he may designate any employee of the City or apy 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 ntiatter
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, testimony 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 the public or any party to the hearing upon
payment of the usual charges thereof.
(d) Action following show -cause hearing: After the Control
Authority has reviewed the evidence, it may issue an order to the
Discharger responsible for any violation found to have been
committed, directing that , following a specified time period, the
sewer service be discontinued unless adequate treatment facilities,
devices or other related appurtenances shall have been installed
or existing treatment facilities, devices or other related
appurtenances are properly operated. Further orders and directives
as are necessary and appropriate may be issued, including
revocation or suspension of any Discharge Permit.
(e) Right to Appeal: Following the entry of the order by the
Control Authority with respect to the conduct of a Di.schargQr, the
Discharger may file an appeal in an appropriate court of competent
jurisdiction challenging the Control Authority's order.
Section 19-25 . Emeraerlcy Siigipensi.on__of' sc ar e
Permits ,
The Control Authority may suspend the wastewater treatment
service and/or a wastewater Discharge Permit when such suspension
is necessary, in the opinion of the Control Authority, in order to
stop an actual or threatened discharge which presents or may
present an imminent or substantial endangerment to the health or
%iel f are of persons, to the environment, causes Interference to the
29
Mi
POTW, or causes the City to violate any condition of its NPDES
Permit. Also, the Control Authority may suspend wastewater
treatment service and/or a wastewater Discharge Permit whenever
acids and chemicals damaging the sewer lines or treatment processes
are released to the sewer causing rapid deteriorektign of such
structures or interfering -with proper treatment of sewage.
Any Discharger notified of a suspension of the wastewater
treatment service and/or its wastewater Discharge Permit shall
irlunediately stop
event of a failure
suspension order,
deemed necessary,
Discharger's sewer
minimize damage g
individuals or the
)r eliminate the offending discharge. In the
of the Discharger to comply voluntarily with the
the Control Authority shall take such steps as
including i.nimediate disconnection of the
and/or water service connection, to prevent or
:o the POTW system or endangerment to any
environment.
In the case of emergency disconnection of service, the Control
Authority shall make reasonable attempts to notify the Discharger
or user of the premises where such offending discharge is generated
before 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 the offending discharge arid the
disconnection as soon,as possible 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 offending 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 submitted 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. 19-26. ecrat AC0
If any person discharges wastewater or other wastes into the
City's POTW contrary..to the provisions of this Ordinance/ Federa l
or State Pretreatment Requirements, or any order of the City, the
City Attorneyi
maycommence an action for appropriate legal -and or
equitable relief n an c
y court of competent j urisdi.ction .
Section 19-27. ProtQC:Lion from damaa .
No unauthorized person shall maliciously or willfully break
damage, uncover, deface or tamper with h any structure, appurtenance
or equipment which is a part of the municipal sewage works. An
person violating this provision shall be sub' -e
sect to immediate
arrest under the charge of disorderly conduct.
MR
Section 19-28. Recovery of Costs incurred by the Control. Authori-ty -
Any Discharger violating any of the provisions of this
Ordinance or causing damage to or impairing the City's wastewater
disposal -system, shall be liable to the City for any gxpense, loss,
or damage caused by such violation or discharge. The City shall
bill the Discharger for the costs incurred by the( City for any
cleaning, repair, or replacement work caused by the violation or
discharge.
Section 19-29. U.Pseta.
(a) Any Discharger which experiences an Upset in operations
� which places the Discharger in a temporary state of non-compliance
with this Ordinance shall inform the Control Authority thereof
orally as soon as practicable but not later than within 24 hours
of first awareness of the commencement of the Upset. A written
report shall also be filed by the Discharger with 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 dates and
times of non-compliance, and 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.
(b) The Control Authority may waive the written report on a
case -by case basis if an oral report has been received within 24
hours.
(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 o-f 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
31
(4) The Discharger has taken all reasonable steps 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 19-30. yariallces
A Discharger may apply to the City for a variance from any
discharge limitation specified in section 19-14 (b) of this
Ordinance. The City may grant such a variance if the discharge
limitation does not prevent 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 19-31. ,1?ena es .
(a) If any person intentionally, knowingly, or recklessly
violates any of the provisions of this Ordinance or of the
Stephenville City Code relating to the sewer service, he shall be
guilty of a misdemeanor and, upon conviction in the municipal
court, shall be punished by a fine not exceeding One Thousand
Dollars ($1,000) for each offence. 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 any application, record, report,
plan or other document filed or required to be maintained pursuant
to this Ordinance or, wastewater Discharge Permit 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).
(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 commented any offense described in subsections (a)
and (b) above.
32
1
Section 19-32 . Bi 1 1 i_nct.
Industrial waste surcharges provided for in this Ordinance
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 ,samle time that
the water, sewer, and sanitation charges of the persons become due.
The Control Authority 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 payment also
of sewer service charges and surcharges.
Section 19-33 . r�,i.lur_e to ,pay ,b 1 1.s .
if a Discharger's payment of its monthly bills for water and
sewer services, .including any industrial 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 bill for 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 19-34.
(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
accordance with 40 CPR Part 403.7.
(b) Net/Gross Calculations: A Discharger whose only source
of intake water is the City water service may apply to the Control
Authority to adjust Categorical Pretreatment Standards and/or
Pretreatment 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 this
Ordinance 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 the Discharger until all enforcement
activities have concluded and all periods of limitation with
respect to any and all appeals have expired.
33
(d) Costs of Administering Program: The Control Authority
may make such charges, known 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, docuM'enttat.ion 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 19-35, Se
If any provision, paragraph, word, section, or article of this
Ordinance is invalidated by any court of competent jurisdiction,.
the remaining provisions, paragraphs, words, sections, and chapters
shall not be affected and shall continue in full force and effect.
.
Section 19-36 . .Confl.ict,
All other Ordinances and parts of other Ordinances
inconsistent or conflicting with any part of this Ordinance are
hereby repealed to the extent of such inconsistency or conflict.
0919-000-0069ORD
PASSED AND APPROVED this 14th dayof March 1
, 990.
ATTEST:
34
ity, Secretary
IN
Geor - -Swe - ringen , ayor