6-2-2020 packet amendedCITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
HUNTSVILLE CITY COUNCIL AGENDA AMENDED
TUESDAY, JUNE 2, 2020
REGULAR SESSION 6:00 P.M.
CITY COUNCIL CHAMBERS & LARGE CONFERENCE ROOM
HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340
City hall will implement 6-foot social distancing for those in attendance. The City reserves to right to take temperatures of those
wanting to attend and encourages attendees to wear face masks. The City reserves the right to deny access to the meeting because
of the above requirements for the safety of its citizens. For those who cannot attend because of the social distancing requirements or
for the reasons listed above, the meeting will be broadcast live on the City website at www.HuntsvilleTX.gov/Meetings or on
Facebook. The meeting will be recorded, and such recording will be made available on the City website at www.HuntsvilleTX.gov.
If you wish to email comments on any agenda items, you may do so by emailing the City Secretary at
CitySecretary@HuntsvilleTX.gov. All comments must be emailed before 5 p.m. June 2, 2020.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the
City Secretary’s office (936.291.5413), two working days prior to the meeting for appropriate arrangements.
MAIN SESSION [6:00 P.M.]
CALL TO ORDER
INVOCATION AND PLEDGES - U.S. Flag and Texas Flag
1. PROCLAMATION – Men’s Health Month
2. CONSENT AGENDA
Public comments will be called for by the presiding officer before action is taken on these items. (Approval of
Consent Agenda authorizes the City Manager to implement each item in accordance with staff
recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for
full discussion by request of a member of Council.)
a. Approve the minutes of the City Council meeting held on May 19, 2020. [Brenda Poe, City Secretary]
b. SECOND READING - Consider authorizing the City Manager to award the construction for FY 2018-
2019 Miscellaneous Waterline Replacement Project (No. 19-10-06), second reading. [Y. S. “Ram”
Ramachandra, City Engineer]
c. Consider authorizing the City Manager to apply for the Coronavirus Relief Fund (CRF) and adopt
Resolution 2020-22. [Kristie Hadnot, Grants Manager]
d. Consider authorizing the City Manager to purchase surplus equipment from ESD #2 related to the
annexation of Area “E”. [Aron Kulhavy, City Manager]
e. Consider approval of the purchase of eight MSA air packs and associated items. [Greg Mathis, Fire Chief]
3. STATUTORY AGENDA
a. Consider adopting the Economic Development 2020 - 2023 Strategic Plan. [Tammy Gann, Director of
Economic Development/Special Projects]
b. FIRST READING - Consider adopting Ordinance No. 2020-28 making required EPA Streamlining Rule
required modifications to the existing Industrial Wastewater Ordinance, Section 46 of the City of Huntsville
Code of Ordinances which provides the legal authority for the Industrial Pretreatment Program, first
reading. [Brent Sherrod, P.E., Public Works Director]
Bert Lyle, Position 1 At-Large
Dee Howard Mullins, Position 2 At-Large
Clyde D. Loll, Position 3 At-Large
Mari Montgomery, Position 4 At-Large
Daiquiri Beebe, Ward 1
Russell Humphrey, Ward 2
Blake Irving, Ward 3
Mayor Pro Tem Joe P. Rodriquez, Ward 4
4. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider approving nominee for City boards, committees, and commissions. [Andy Brauninger, Mayor]
5. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion.
No action will be taken.
Travis Thomas would like to discuss amendments to Vehicle for Hire ordinance that includes Independent
drivers.
6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
7. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City
staff, for which no action will be discussed or taken.)
8. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A” thru “G” and
lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding said annexation.
[Leonard Schneider, City Attorney]
9. RECONVENE
Take action on items discussed in executive session, if needed.
10. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY continued
a. Consideration, discussion and possible action to approve settlement agreement with Plaintiffs Danny L
Billingsley, Ragna Lynn Billingsley, GOAB Investments, LP, Champe W. Miller, Champe W. Miller
Corporation, Perry and Eloise Little Living Trust, J.L. Gaut, Over & Under Properties, LLC, FM 1791,
LLC and Thomas R. Cole, Jr. in Cause No. 1929442, Billingsley, et al v City of Huntsville.
ADJOURNMENT
*If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive
session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section
551.071 – consultation with counsel on legal matters; 551.072 – deliberation regarding purchase, exchange, lease or value of real property;
551.073 – deliberation regarding a prospective gift; 551.074 – personnel matters regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee; 551.076 – implementation of security personnel or devices;
551.087 – deliberation regarding economic development negotiation; Sec. 551.089 - deliberation regarding security devices or security audits;
and/or other matters as authorized under the Texas Government Code. If a Closed or Executive session is held in accordance with the Texas
Government Code as set out above, the City Council will reconvene in Open Session to take action, if necessary, on the items addressed
during Executive Session.
CERTIFICATE
I, Brenda Poe, City Secretary, do hereby certify that a copy of the June 2, 2020 City Council agenda was posted on the City Hall
bulletin board, a place convenient and readily accessible to the general public at all times, and to the City’s website,
www.HuntsvilleTX.gov, in compliance with Chapter 551, Texas Government Code.
DATE OF POSTING: 5/29/2020
TIME OF POSTING: 9:45 a.m. 1:40 p.m. ____________________________
TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
HUNTSVILLE CITY COUNCIL AGENDA
TUESDAY, JUNE 2, 2020
REGULAR SESSION 6:00 P.M.
CITY COUNCIL CHAMBERS & LARGE CONFERENCE ROOM
HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340
City hall will implement 6-foot social distancing for those in attendance. The City reserves to right to take temperatures of those
wanting to attend and encourages attendees to wear face masks. The City reserves the right to deny access to the meeting because
of the above requirements for the safety of its citizens. For those who cannot attend because of the social distancing requirements or
for the reasons listed above, the meeting will be broadcast live on the City website at www.HuntsvilleTX.gov/Meetings or on
Facebook. The meeting will be recorded, and such recording will be made available on the City website at www.HuntsvilleTX.gov.
If you wish to email comments on any agenda items, you may do so by emailing the City Secretary at
CitySecretary@HuntsvilleTX.gov. All comments must be emailed before 5 p.m. June 2, 2020.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the
City Secretary’s office (936.291.5413), two working days prior to the meeting for appropriate arrangements.
MAIN SESSION [6:00 P.M.]
CALL TO ORDER
INVOCATION AND PLEDGES - U.S. Flag and Texas Flag
1. PROCLAMATION – Men’s Health Month
2. CONSENT AGENDA
Public comments will be called for by the presiding officer before action is taken on these items. (Approval of
Consent Agenda authorizes the City Manager to implement each item in accordance with staff
recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for
full discussion by request of a member of Council.)
a. Approve the minutes of the City Council meeting held on May 19, 2020. [Brenda Poe, City Secretary]
b. SECOND READING - Consider authorizing the City Manager to award the construction for FY 2018-
2019 Miscellaneous Waterline Replacement Project (No. 19-10-06), second reading. [Y. S. “Ram”
Ramachandra, City Engineer]
c. Consider authorizing the City Manager to apply for the Coronavirus Relief Fund (CRF) and adopt
Resolution 2020-22. [Kristie Hadnot, Grants Manager]
d. Consider authorizing the City Manager to purchase surplus equipment from ESD #2 related to the
annexation of Area “E”. [Aron Kulhavy, City Manager]
e. Consider approval of the purchase of eight MSA air packs and associated items. [Greg Mathis, Fire Chief]
3. STATUTORY AGENDA
a. Consider adopting the Economic Development 2020 - 2023 Strategic Plan. [Tammy Gann, Director of
Economic Development/Special Projects]
b. FIRST READING - Consider adopting Ordinance No. 2020-28 making required EPA Streamlining Rule
required modifications to the existing Industrial Wastewater Ordinance, Section 46 of the City of Huntsville
Code of Ordinances which provides the legal authority for the Industrial Pretreatment Program, first
reading. [Brent Sherrod, P.E., Public Works Director]
Bert Lyle, Position 1 At-Large
Dee Howard Mullins, Position 2 At-Large
Clyde D. Loll, Position 3 At-Large
Mari Montgomery, Position 4 At-Large
Daiquiri Beebe, Ward 1
Russell Humphrey, Ward 2
Blake Irving, Ward 3
Mayor Pro Tem Joe P. Rodriquez, Ward 4
4. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider approving nominee for City boards, committees, and commissions. [Andy Brauninger, Mayor]
5. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion.
No action will be taken.
Travis Thomas would like to discuss amendments to Vehicle for Hire ordinance that includes Independent
drivers.
6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
7. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City
staff, for which no action will be discussed or taken.)
8. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A” thru “G” and
lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding said annexation.
[Leonard Schneider, City Attorney]
9. RECONVENE
Take action on items discussed in executive session, if needed.
ADJOURNMENT
*If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive
session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section
551.071 – consultation with counsel on legal matters; 551.072 – deliberation regarding purchase, exchange, lease or value of real property;
551.073 – deliberation regarding a prospective gift; 551.074 – personnel matters regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee; 551.076 – implementation of security personnel or devices;
551.087 – deliberation regarding economic development negotiation; Sec. 551.089 - deliberation regarding security devices or security audits;
and/or other matters as authorized under the Texas Government Code. If a Closed or Executive session is held in accordance with the Texas
Government Code as set out above, the City Council will reconvene in Open Session to take action, if necessary, on the items addressed
during Executive Session.
CERTIFICATE
I, Brenda Poe, City Secretary, do hereby certify that a copy of the June 2, 2020 City Council agenda was posted on the City Hall
bulletin board, a place convenient and readily accessible to the general public at all times, and to the City’s website,
www.HuntsvilleTX.gov, in compliance with Chapter 551, Texas Government Code.
DATE OF POSTING: 5/29/2020
TIME OF POSTING: 9:45 a.m. ____________________________
TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD
TELEPHONICALLY ON THE 19th DAY OF MAY 2020, AT 6:00 P.M.
The Council met in a telephonic session with the following:
COUNCILMEMBERS PRESENT: Andy Brauninger, Daiquiri Beebe, Blake Irving, Russell Humphrey, Dee
Howard Mullins, Joe P. Rodriquez, Mari Montgomery, Clyde D. Loll, Bert Lyle
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary; Leonard Schneider, City
Attorney
MAIN SESSION [6:00 P.M.]
CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m.
City Secretary Brenda Poe read the following statement: “This meeting of the Huntsville City Council is
being conducted by telephonic conferencing as allowed by the Governor’s Order to suspend certain portions
of the Open Meetings Act. The public is requested to not make any comments until invited by the Mayor then
please do not speak over each other. The public, council and staff are requested to make sure there is no
background noise and to try to participate from a quiet area. When roll call is made each council member is
asked to announce by stating your name. It is requested each staff member identify themselves by name
before speaking. When the Mayor allows comments from the public it is requested the person speaking state
their name for the record. This meeting is being recorded and made available to the public on our website and
Facebook page.”
The City Secretary conducted a roll call for attendance.
PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state,
under God, one, and indivisible.
Councilmember Bert Lyle gave the invocation. Mayor Brauninger led the pledges and welcomed
Councilmember Lyle to the City Council.
1. PROCLAMATION – Public Works Week read by Mayor while video of Public Works Divisions was
played.
2. CONSENT AGENDA
Public Comments will be called for by the presiding officer before action is taken on these items.
(Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with
staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory
Agenda for full discussion by request of a member of Council.)
a. Approve the minutes of the City Council meeting held on May 5, 2020. [Brenda Poe, City
Secretary]
b. Consider a motion authorizing the City Manager to approve the annual purchase of various
automotive parts and equipment used in repair of City vehicles from NAPA Auto Parts,
Huntsville. [Brent S. Sherrod, P.E., Director of Public Works]
c. Consider a motion authorizing the City Manager to award a supply contract bid to Walker
County Hardware for hardware and associated supply items. [Steve Ritter, Finance Director]
d. Consider approval of BuyBoard Contract #555-18 for the rehabilitation and relining of twenty
(20) manholes in the NB Davidson Watershed. [Brent S. Sherrod, P.E., Director of Public
Works]
e. Consider adoption of Ordinance 2020-26 to amend the budget for FY 19-20 and/or CIP Project
budgets. [Steve Ritter, Finance Director]
Councilmember Montgomery made a motion to approve the consent agenda; the motion was seconded
by Councilmember Loll. The motion was adopted, 9-0.
3. STATUTORY AGENDA
a. Consider authorizing the City Manager to award the construction for FY 2018-2019
Miscellaneous Waterline Replacement Project (No. 19-10-06). [Y. S. “Ram” Ramachandra, City
Engineer]
First Reading, no action taken.
b. Consider authorizing the City Manager to award the construction contract for Sam Houston
Avenue and Ave J Waterline Replacement Project (No. 19-10-06.1). [Y. S. “Ram” Ramachandra,
City Engineer]
Councilmember Rodriquez made a motion to authorize the City Manager to award the construction
contract in the amount of $156,105 to Underground Construction Solutions for the construction of Sam
Houston Avenue and Ave J Waterline Replacement Project (No. 19-10-06.1); the motion was seconded
by Councilmember Montgomery. The motion was adopted, 9-0.
4. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider authorizing the City Manager to enter into an amendment to the Chapter 380
Agreement with Weatherford U.S., L.P. [Aron Kulhavy, City Manager]
Councilmember Rodriquez made a motion to authorize the City Manager to enter into an amendment to
the Chapter 380 Agreement with Weatherford U.S., L.P.; the motion was seconded by Councilmember
Humphrey. The motion was adopted, 9-0.
b. Consider a citizen participation request from Marianito Bitara for removal of a tree at the
Wynne Home, 1428 11th Street. [Aron Kulhavy, City Manager]
Mr. Bitara spoke about the dangers of the tree limit over his property line and requested Council take
action.
Councilmember Beebe made a motion to direct the City Manager to remove the tree; the motion was
seconded by Councilmember Irving. Councilmember Beebe amended her motion authorize solve the
problem regarding the tree at the Wynne Home whether it be removing the branch or cutting the tree
whichever is the best appropriate solution; Councilmember Irving seconded the amendment. The motion
was adopted, 9-0.
5. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the
discussion. No action will be taken.
Requests submitted were handled as agenda items.
6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
None
7. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and
City staff, for which no action will be discussed or taken.)
The City Secretary announced that the City was following directives issues by the Governor’s office. For
hours of operations at any City facility, call 936-291-5400. Follow updates, pay bills and conduct business
online at HuntsvilleTX.gov as well as on all social media – Facebook, Instagram, Twitter, and Nextdoor.
8. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter
551, 551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A”
thru “G” and lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding
said annexation. [Leonard Schneider, City Attorney]
The Council adjourned to Executive Session at 7:09 p.m.
9. RECONVENE
The Council reconvened at 7:26 p.m.
Mayor Pro Tem Rodriquez moved to approve the settlement offer by the Strong Law Firm clients and
authorize City Attorney and attorney John Hightower to complete the settlement documents and present
to the City Council on June 2, the motion was seconded by Councilmember Humphrey. The motion was
adopted, 9-0.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 7:27 p.m.
Brenda Poe, City Secretary
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Brenda Poe, City Secretary Andy Brauninger, Mayor
Agenda Item #2b
Item/Subject: SECOND READING - Consider authorizing the City Manager to award the construction
for FY 2018-2019 Miscellaneous Waterline Replacement Project (No. 19-10-06), second reading.
Initiating Department/Presenter: Engineering
Presenter: Y. S. “Ram” Ramachandra, City Engineer
Recommended Motion: Move to authorize the City Manager to award the construction contract in the
amount of $358,862 to Underground Construction Solutions for the construction of FY 2018-2019
Miscellaneous Waterline Replacement Project (No. 19-10-06).
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient
manner.
Discussion: The subject project consists of replacing deteriorated waterline segments at the following
locations:
A) Right-of-Way from Normal Park to Avenue Q - Replace 8” waterline
B) 17th Street (University Avenue to Avenue J) – Replace 8” waterline
C) 15th Street (Avenue J to Avenue I) – Replace 12” waterline
D) 17th Street (Sam Houston Avenue to University Avenue) – Replace 6” with 8” waterline
While items A through C are part of the originally planned and budgeted segments for replacement,
item D was subsequently included in the design for replacement. This was done for the reason of a
request from SHSU to improve flow and water pressure for the University campus by removing a
bottleneck in the system through the upsizing of this line. Larger benefit of simultaneous replacement
of segment D will be that the City need not mobilize a separate construction project in the location.
A location map is attached to the agenda item. Items A through D above were included in the Base Bid.
Items C and D were bid as Deduct Alternate 1 and Deduct Alternate 2 respectively. This arrangement
provided flexibility to award the project construction to the extent funding is available.
LightPoint Engineering, LLC, Huntsville, TX was retained by the City for providing professional
engineering services consisting of detail engineering design, bidding and limited construction support
services for this project.
Notice to Bidders was advertised on April 5, 2020, upon completion of the design. Notice requesting
bids was posted on the Huntsville Item and the City of Huntsville websites. Also, the notice, project
drawings, and contract documents were posted on the Electronic State Business Daily (ESBD) and Public
Purchase websites. Hard copies of the bid documents were available for review at the Service Center
and were sent to potential bidders on request.
6/2/2020
Agenda Item: 2b
CITY COUNCIL AGENDA
Agenda Item #2b
A non-mandatory pre-bid meeting was held on April 14, 2020, to allow all responders access to the City
staff for questions, comments, and clarifications on the scope of work. The bids were opened on April
28, 2020. Six (6) bidders submitted bids for this project. The certified bid tabulation is attached.
Underground Construction Solutions, Houston, TX is the low bidder with the Base Bid amount of
$358,862.
No additional utility easements were required for the project.
This is the first construction project that Underground Construction Solutions will be working on for the
City of Huntsville. Reference verification on past projects that Underground Construction Solutions
worked on for other owners have come out positive. A letter of recommendation from the engineer is
attached to this agenda item.
The construction contract period will be ninety (90) calendar days from the date of the Notice to
Proceed (NTP).
Previous Council Action: a) Project funding in the amount of $250,000 was allocated in FY 2018-2019
budget. b) The City Council approved budget amendment to transfer fund from 703-70316-62300 to
703-70317-62300 in the amount of $220,000 in November 20, 2018 City Council meeting
Financial Implications:
☒Item is budgeted: 703-70317-62300 - Current balance = $386,230
Prop. Budget Amendment Ordinance No. 2020-26 provides an additional = $175,000
------------------------
TOTAL → $561,230
------------------------
The above Total amount of $561,230 will cover this project ($358,862) + Sam Hou Ave & Ave J project
#19-10-06.1 ($156,105). Remaining balance of $46,263 will be utilized should any contingency arise in
either project construction.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Location Map
• Letter of recommendation of award
• Certified bid tab
19TH ST
14TH ST AVE M16TH ST
13TH ST
20TH STAVE Q17TH ST AVE NAVE SNORMAL PARK DR18TH ST
AVE I
15TH ST
21ST STAVE PAVE OUNIVERSITY AVEAVE RAVE N 1/2BEARKAT BLVD
AVE JAVE L 1/2PECAN DRBOWERS BLVDPIN OAK DR12TH ST
A M ER IC AN B A N K D R
IH 45 S F
E
E
D
E
R R
D AVE P 1/2A
V
E T
20TH 1/2 ST
19TH 1/2 STWOODLAND LNAVE P17TH ST
AVE J17TH STAVE J14TH ST
13TH ST
AVE QAVE M15TH ST
UNIVERSITY AVEAVE L 1/2AVE I13TH ST
AVE O20TH ST AVE JAVE QAVE NAVE N15TH ST
AVE RAVE RBOWERS BLVD
§¨¦45 11TH STSAM HOUSTON AVESH 75 N
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION80310620155FEET
CREATED DATE: 4/28/2020
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 600 ft
On 8.5 x 11 inch Print
Service Layer Credits: The City of Huntsville, TX GIS Division
MISCELLANEOUS WATERLINE REPLACEMENTS
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
Right-of-Way from Normal Park Drto Ave Q - Replace 8in Waterline
17th Street from Sam Houston Aveto Avenue I - Replace 6in and 8inwith 8in Waterline
15th Street from Avenue J to Avenue I -Replace 12in Waterline
HEB
Lone Star Hall
LowmanStudentCenter
LEGEND
Miscellaneous Waterline Replacements
Agenda Item #2c
Item/Subject: Consider authorizing the City Manager to apply for the Coronavirus Relief Fund (CRF)
and adopt Resolution 2020-22.
Initiating Department/Presenter: Finance
Presenter: Kristie Hadnot, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for the Coronavirus Relief Fund
and adopt Resolution 2020-22.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide
much needed resources to help governments, businesses, and individuals respond to the current
pandemic. Within the CARES Act, the Coronavirus Relief Fund (CRF) was established to provide financial
resources to state and local governments impacted by the pandemic. The State of Texas cumulatively
received approximately $11 billion from the U.S. Treasury. Parameters of distribution requires that 18
identified territorial jurisdictions within the state with populations exceeding 500,000 would be entitled
to receive direct distributions from the U.S. Treasury. Other jurisdictions, like the City of Huntsville, that
do not meet the territorial population requirement will have their fund distributions managed by the
Texas Division of Emergency Management (TDEM).
Based upon census data calculated by the federal government in 2018, data provided that the city per
capita amount stood at $55. Based upon this assessment, the City of Huntsville was allocated $2.3
million from the Coronavirus Relief Fund.
Under this program, the City can receive an immediate distribution of funds to cover actual costs
incurred or up to 20% of the City’s allocated amount of $455,983, whichever is larger. Additional funds
to be requested up to the $2.3 million allocation cap must be requested on a reimbursement basis. This
is considered as a reimbursement program. No local match or cost share funds are required.
Funds may be used to only cover costs that:
• Are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19);
• Were not accounted for in the budget most recently approved as of March 27, 2020; and
• Were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020.
Eligible expenditures include, but are not limited to, payment for:
1. Medical expenses;
2. Public health expenses;
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency;
4. Expenses of actions to facilitate compliance with COVID-19 related public health measures;
6/2/2020
Agenda Item: 2c
CITY COUNCIL AGENDA
Agenda Item #2c
5. Expenses associated with the provision of economic support in connection with the COVID-19
public health emergency; and
6. Any other COVID-19 related expenses reasonably necessary to the function of government that
satisfy the fund’s eligibility criteria.
As a condition of receiving these relief funds, the City must use 75% of the allocation in the categories
of 1, 2, and 3 (i.e. - medical expenses, public health expenses, and payroll expenses for employees
substantially dedicated to mitigating or responding to the public emergency). The remaining 25% of the
allocation can be used in the other areas identified above in 4, 5, and 6.
As of March 27, 2020, the estimated overtime expenses incurred for public safety, public health, and
similar employees who have worked to mitigate or respond to the COVID-19 public health emergency
is $5,500.00. The estimated amount spent for equipment, supplies, and professional services provided
to eliminate coronavirus within City workplace facilities is $41,905. Over the course of the next few
months to the end of the program, additional funds can be requested from TDEM as a reimbursement
should the City incur any additional COVID-19 related costs.
There is no set deadline to submit a request for funds on this program; however, the performance
period is active now with an end date of December 30, 2020. Any funds not spent by the December 30,
2020 period will be de-obligated and swept by the U.S. Treasury for other use and potential
redistribution to other territorial jurisdictions.
Previous Council Action: None.
Financial Implications:
☒ Item is budgeted: A Budget Amendment in the amount of $100,000 was approved at the April 7,
2020, for potential COVID-19 cost. An additional budget amendment may be necessary in the future if
the City will need to expend more than the original $100,00 budget amount. Any additional budget
amount can be offset with grant revenues.
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Resolution 2020-22
RESOLUTION NO. 2020-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF THE APPLICATION FOR THE CORONAVIRUS
RELIEF FUND (CRF) TO THE TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT
FOR FUNDING TO COVER COSTS ASSOCIATED WITH PREPAREDNESS, PREVENTION,
ELIMINATION, AND COMMUNITY RESILIENCY ACTIVITIES OF CORONAVIRUS; AND
AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY’S EXECUTIVE OFFICER AND
AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S
PARTICIPATION IN THE CRF PROGRAM.
WHEREAS The City desires to ensure the safety and preservation of all its citizens and;
WHEREAS It is necessary and in the best interest of the City to request allocated funding from the
Coronavirus Relief Fund.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A Coronavirus Relief Fund application is hereby authorized to be filed on behalf of the
City to receive allocated funding from the Texas Department of Emergency Management
(TDEM).
SECTION 2: The requested amount will be up to the allocated amount of $2.3 million to be reimbursed
for costs incurred in association with coronavirus preparedness, prevention, elimination,
and community resiliency activities.
SECTION 3: The Mayor and City Council strongly support this application to address the safety and
resiliency needs of the Community.
SECTION 4: The City Council directs and designates the City Manager, as the City’s Chief Executive
Officer and Authorized Representative to act in all matters in connection with this
application and the City’s participation in the Coronavirus Relief Fund.
PASSED AND APPROVED this 2nd day of June 2020.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _____________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Agenda Item #2d
Item/Subject: Consider authorizing the City Manager to purchase surplus equipment from ESD #2
related to the annexation of Area “E”.
Initiating Department/Presenter: City Manager
Presenter: Aron Kulhavy, City Manager
Recommended Motion: Move to authorize the City Manager to purchase surplus equipment from ESD
#2 related to the annexation of Area “E” in the amount of $102,972.50.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: As part of the annexation process last year, the City annexed territory in Area “E”, generally
south of the existing City limits along Interstate 45 including Huntsville State Park. Most of the property
in Area “E” fell within Emergency Services District (ESD) #2. Since the land was annexed, the City is now
responsible for providing emergency services to this area including fire protection, meaning ESD #2 will
no longer provide services to the area.
Under state law, the City must compensate ESD #2 for both is pro-rata share of debt attributable to the
annexed area as well as surplus equipment no longer needed by the ESD since it will no longer provide
emergency services to the annexed area. In discussions with the Chief from the ESD, they have provided
a surplus equipment list to the City, a copy of which is attached to this agenda sheet. In summary, this
equipment includes a fully equipped booster truck and two Honda ATVs. The total cost to the City for
this equipment is just under $103,000. City of Huntsville fire staff have reviewed and tested the surplus
items and believe this is a fair price for the equipment.
Previous Council Action: The Council approved a budget amendment to pay for the surplus equipment
at the May 19th meeting.
Financial Implications:
☒Item is budgeted: 101-112-55085 In the amount of: $105,000
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• List of equipment to purchase
6/2/20
Agenda Item: 2d
CITY COUNCIL AGENDA
Booster 75
New replacement value Depreciated value (50%)
Truck and Body
2009 F550 with custom rescue body, 300 gallons
of water capacity, and pump $138,000.00 $69,000.00
Equipment on the truck
XTL 2500 mobile radio (800MHz)$5,000.00 $5,000.00
PM 1500 mobile radio (VHF band)$3,000.00 $3,000.00
Tablet, docking station, mount $5,000.00 $2,500.00
25' - 3" fill section $96.00 $48.00
Stream light box lights (2)$400.00 $200.00
2.5" to 1.5" adapter $30.00 $15.00
2.5" double male $20.00 $10.00
2.5" gated wye $350.00 $175.00
1" fog nozzle (spare)$350.00 $175.00
Drip torch $200.00 $100.00
Funnel $10.00 $5.00
Hydrant wrench $50.00 $25.00
Chainsaw (stihl MS 310)$600.00 $300.00
Tow chain $75.00 $37.50
Jaws power unit $4,500.00 $2,250.00
Honda Generator $3,000.00 $1,500.00
Extension cord $100.00 $50.00
pig tail cord adapters (3)$50.00 $25.00
Cribbing (3 - steps, 2 - 4x4, 5 - wedges)$50.00 $25.00
Salvage Covers (4)$40.00 $20.00
Portable Light $200.00 $100.00
Utility rope $20.00 $10.00
PPV Fan $2,500.00 $1,250.00
Cord Reel (2)$800.00 $400.00
Fuel and oil for equipment on truck $50.00 $25.00
Battery Sawzall $150.00 $75.00
pry bar $60.00 $30.00
bolt cutters $60.00 $30.00
Combi Jaws tool with hoses $7,500.00 $3,750.00
Glass master $175.00 $87.50
200' - 1.75" attack line with nozzle $1,300.00 $350.00
100' - 3" supply line $384.00 $192.00
traffic cones (2)$50.00 $25.00
2 - 200' redline reels with hose and nozzles $2,500.00 $1,250.00
14' extension ladder $650.00 $325.00
pike poles (4)$400.00 $200.00
20# ABC extinguisher $150.00 $75.00
20# Co2 extinguisher $350.00 $175.00
Iron's set (1)$325.00 $162.50
Booster 75 TOTAL $178,545.00 $92,972.50
2 - 2018 Honda Rancher 4x4 ATV 's $12,000.00 $10,000.00
TOTAL $190,545.00 $102,972.50
Agenda Item #2e
Item/Subject: Consider approval of the purchase of eight MSA air packs and associated items.
Initiating Department/Presenter: Public Safety
Presenter: Greg Mathis, Fire Chief
Recommended Motion: Move to approve the purchase of eight MSA air packs and associated items
from budgeted funds.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: The Huntsville Fire Department currently has 50 MSA air packs. These air packs were
purchased in 2004/2005 using grant funds. The required annual testing and maintenance has been
performed as required which helps to extend their lifespan. Repair parts are harder to find and
becoming nonexistent. A replacement schedule has been implemented to aid in replacing these aging
air packs. These air packs are required for firefighters to enter a structure fire or other hazardous
environment. Twenty-four of these have been replaced.
This item for consideration is for the purchase of eight additional air packs in the amount of $65,188.00.
Four of these air packs are a continuation of the budgeted air pack replacement program and will be
funded through account 306-379-69021. Four of these air packs are new equipment purchased for the
new truck that is under construction funded through account 101-552-69041. Casco is a sole source
provider for this equipment which the city has used in the past. Included is a letter from them
documenting their sole source status.
Previous Council Action: Council was presented, approved and budgeted for the implementation of
this replacement program on February 19, 2019. On November 19, 2019, Council also approved and
budgeted for the purchase of a new fire apparatus and associated equipment which includes a portion
of these air packs.
Financial Implications:
☒Item is budgeted: 306-379-69021 In the amount of $32,594
101-552-69041 $32,594
Total $65,188
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Sole source letter
6/2/20
Agenda Item: 2e
CITY COUNCIL AGENDA
June 25, 2019
To Whom It May Concern:
This letter confirms that Casco Industries Inc is the sole authorized distributor of
MSA SCBA and SCBA accessories for the Municipal Fire Service Market in the State
of Texas. In addition, Casco Industries is the only authorized CARE certified MSA
SCBA repair center for the Municipal Fire Service Market in the State of Texas.
By way of background, in the fire service / first responder markets, MSA imposes
specific requirements upon our distributors, which can result in a small number of
distributors authorized to call upon a particular region. We impose these
requirements because the equipment we manufacture and sell requires the
involvement of partners with special knowledge, training and experience.
Accordingly, MSA’s distributors are obligated to acquire and maintain extensive
knowledge, training, and experience necessary to properly educate, assist and
service our end user customers before, during and after the sale. MSA’s fire service /
first responder distributor qualification requirements are likewise intended to ensure
the highest possible end user customer experience.
If you desire additional information about MSA, its product lines, or channel partners,
please do not hesitate to contact me. Thank you for your interest in our products.
Sincerely,
Scott McGuire
North American Sales Channels Specialist
Phone: 724-742-8028
Email: scott.mcguire@MSAsafety.com
2
1
G
a
mm
a
Agenda Item #3a
Item/Subject: Consider adopting the Economic Development 2020 - 2023 Strategic Plan.
Initiating Department/Presenter: Economic Development & Tourism
Presenter: Tammy Gann, Director of Economic Development/Special Projects
Recommended Motion: Move to adopt the Economic Development 2020 - 2023 Strategic Plan.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: An Economic Development (ED) Strategic Plan from 2007 and a 2019 Huntsville City
Council’s Strategic Plan currently guide economic development efforts. The City of Huntsville has
successfully implemented many goals and projects identified in those plans.
In October 2019, the City of Huntsville began a 3-year strategic planning process for FY 2020-2023. The
development of an updated strategic plan and implementation of new and revised recommendations
will allow the City to take a fresh look at its economic development strategies as it seeks to increase
opportunities for growth for existing businesses, attract new businesses and employment opportunities
through incentives and other recruitment tools, and provide local employment for the city and region’s
well-qualified workforce.
The City of Huntsville sought out assistance from the International Economic Development Council
(IEDC) to assist in the development of a new economic development strategic plan. The IEDC
professional was tasked to prepare a plan that includes a vision, mission, inventories assets, notes
opportunities, reviews existing plans, and evaluates development goals and strategies.
The process began with preliminary meetings between the IEDC facilitator, the City of Huntsville staff
and community stakeholders to discuss key economic development issues facing Huntsville, review the
programs and projects underway, and to prepare the agenda and format for the interactive sessions.
After compiling the notes from the sessions, the IEDC professional passed along these notes to City staff
who then completed the construction of this strategic plan.
Previous Council Action: In addition to the Strategic planning workshop on October 24, 2019, the
Council was provided with a draft of the Strategic Plan with the City Manager’s Friday, May 8, 2020
weekend update.
Financial Implications: There are items in this document that will require resource allocation to
complete. However, simply approving the Economic Development Strategic Plan for 2020-2023 has
no financial impact.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
6/2/20
Agenda Item: 3a
CITY COUNCIL AGENDA
Agenda Item #3a
Associated Information:
• Recommended Economic Development 2020 - 2023 Strategic Plan
1
City of Huntsville
2020 - 2023 Strategic Plan
City of Huntsville
Adopted: June 2020
2
Summary
An Economic Development (ED) Strategic Plan from 2007 and a 2020 Huntsville City
Council’s Strategic Plan currently guide economic development efforts. The City of Huntsville
has successfully implemented many goals and projects identified in those plans.
In October 2019, the City of Huntsville began a 3-year strategic planning process for FY 2020-
2023. The development of an updated strategic plan and implementation of new and revised
recommendations will allow the City to take a fresh look at its economic development
strategies as it seeks to increase opportunities for growth for existing businesses, attract new
businesses and employment opportunities through incentives and other recruitment tools,
and provide local employment for the city and region’s well-qualified workforce.
The Economic Development Strategic Plan will be adopted by the Huntsville City Council and
will help to guide responses to future economic development projects.
Related Documents
➢ Huntsville City Council Strategic Plan 2020
➢ Economic Development Strategic Plan 2007
➢ Harnessing Huntsville’s Potential Report 2013
International Economic Development Council
The City of Huntsville sought out assistance from the International Economic Development
Council (IEDC) to assist in the development of a new economic development strategic plan.
The IEDC professional was tasked to prepare a plan that includes a vision and mission
statements, inventories assets, notes opportunities, reviews existing plans, and evaluates
development goals and strategies.
The process began with preliminary meetings between the IEDC facilitator, the City of
Huntsville staff and community stakeholders to discuss key economic development issues
facing Huntsville, review the programs and projects underway, and to prepare the agenda
and format for the interactive sessions. After compiling the notes from the sessions, the IEDC
professional passed along these notes to City staff who then completed the construction of
this strategic plan.
3
Discussion Items with Stakeholders
General
• What do you see as Huntsville’s biggest:
o Economic Strength? Why?
o Economic Opportunity? How?
o Constraint or limitation to Economic Growth? Why?
• What two or three local/regional actions, policies or endeavors could help your
business/organization prosper/grow over the next 3 to 5 years?
• Metro Houston is growing towards Huntsville, what should the City do to assure
prosperity while at the same time retain the City’s quality of life and uniqueness?
• If you had to choose, would you rather have more basic employers/good paying jobs
or more retail and tourism-based businesses in Huntsville?
• In 5 years, what will indicate to you that the City of Huntsville is achieving greater
Economic Sustainability?
Developers/Commercial Real Estate Brokers
• What are the constraints to development in the Huntsville area? Utilities, access to
land, code issues, other? Please give specifics.
• What is Huntsville’s reputation/image in the commercial real estate and
development community? What if anything should the City do to improve that
image?
3-5 Year Action Plan Discussions | Schedule of Meetings & Participants
Tuesday, October 22, 2019
4:00 – 6:00 PM Tour of Huntsville
Wednesday, October 23, 2019
8:30 – 10:00 AM City Administrative Staff
10:30 AM – 12:00 PM City Boards/Commission
1:30 – 3:00 PM SHSU & TDCJ
3:30 – 5:00 PM Local Developers/Landowners
Thursday, October 24, 2019
8:00 – 9:30 AM Chamber LEADS Group
9:30 – 11:30 AM Chamber Staff & Board Members
12:00 – 1:30 PM Community Leaders (Lunch)
2:00 – 3:30 PM Primary Businesses
4:00 – 6:00 PM City Council
Friday, October 25, 2019
8:00 AM Wrap Up
4
About Huntsville
Located at the edge of the Piney Woods in East Texas, Huntsville has historically been
recognized as the face of the Texas Criminal Justice system. Though it prides itself in being
the location of the only state agency located outside of the state’s capital, being a “prison city”
has not always positively impacted Huntsville’s external perception. The image of Huntsville
as a small, isolated prison town is already out of date. For years now, the community has
seen many developments spread north out of the Greater Houston area. In addition,
Huntsville enjoys the enviable position of being home to a growing higher education
institution, Sam Houston State University (SHSU).
Huntsville’s community and business leadership should recognize that the
community lies directly in the path of growth – bringing with it both great opportunities and
challenges. Future expansions in business and housing are obvious opportunities, but there
also exists the challenge of diversifying Huntsville’s tax base. Having the unique population
of students, citizens, and offenders fosters a tax base that is wholly unrepresentative of the
total amount of people that reside in Huntsville. Likewise, protecting the community’s
quality of life, promoting the prosperity of its citizens, and strengthening the tourism and
entertainment industry will be Huntsville’s greatest challenges in the coming years. In other
words, managing Huntsville’s growth and maximizing development opportunities will be the
key to promoting long-term economic growth and vitality.
This strategic planning document is meant to serve as a guide for the City Council and
Economic Development Department to develop ways to expand Huntsville’s economy and
outside perception with a succinct method of articulating to staff the policy direction for the
City of Huntsville, both as a community and an organization. This strategic plan will also
communicate to residents and community partners the Economic Development
Department’s commitment to open government, communication, collaboration, and
cooperation among all who live, work, recreate, educate, or operate a business in Huntsville.
Finally, this strategic plan is meant to provide a road map for success that will lead families
and new businesses to Huntsville to join an outstanding community where good governance
and sound management provide the best that life has to offer.
5
Vision
The City of Huntsville will be a competitor in the economic development arena by
providing opportunities for development without compromising its core values and quality
of life.
Mission
In order to maintain and enhance the quality of life and the achievement of our vision,
the Department of Economic Development provides, facilitates and regulates services
relating to business growth and retention, tourism promotion, and citizen outreach, in a
friendly and competent manner with quality and forethought.
Key Metrics for Huntsville
As Huntsville seeks to prosper, there is a set of key indicators that should be kept front
of mind. These are important metrics that the City must ultimately seek to improve and
should be considered as part of any future initiative undertaken by the City.
• Economic Condition of the City
o Growth in Employment
o Growth in Annual Payroll
o Growth in the Number of Business Establishments
• Resident Economic Well-Being
o Growth in Per Capita Income
o Growth in Median Household Income
o Reduced Poverty Rate
o Declining Unemployment Rates
o Increased Labor-force
6
Demographics
The City of Huntsville has collected and analyzed data from different sources to
capture a better understanding of our population and demographics. The City and its
partners can provide essential information to site selectors and other interested parties to
help them make their best decision for site location. The population in Huntsville is growing
which leads to more people available to work, an important aspect for businesses to be
successful. There are more men compared to women and the median age is 28. The labor
force, which is the amount of people ready and available to work, is also growing in
Huntsville. Wages have also been steadily rising in Huntsville as well as employment. The
average household income in Walker County is $45,686 per year and is still
increasing. Overall, statewide employment is expected to increase approximately 20 percent
during the next ten years, according to a leading economic forecasting firm. This growth,
however, is not expected to occur equally across all economic sectors. Three services
providing sectors (Professional and Business Services, Health Services, and Leisure and
Hospitality) are expected to enjoy growth at substantially higher rates than the state’s
overall economy.
To every family, education is a very important aspect of their life. As evidenced in the
following graphs, Huntsville’s Education can compete with the surrounding areas. Huntsville
has a fantastic K-12 school district and is also home to Sam Houston State University, one of
the top universities in Texas.
The current year population is 42,462. In 2010, the Census count in the area was
38,548. The rate of change since 2010 was 0.71% annually. The five-year projection for the
population in the area is 44,039 representing a change of 0.61% annually from 2019 to 2024.
The racial makeup of Huntsville in 2019 was 61.1% White, 25.4% African American, 0.4%
Native American, 1.4% Asian and Pacific Islander, 7.9% from other races, and 2.2% from two
or more races. Hispanic or Latino of any race were 18.7% of the population. The language
spoken in the majority of households in Huntsville is English at 75%. Other languages (such
as Spanish) are all lower than 10%.
7
Demographic & Income Profile
Summary Census 2010 2019 2024
Population 38,548 42,462 44,039
Households 11,761 13,192 13,792
Families 5,759 6,409 6,670
Average Household Size 2.32 2.37 2.38
Owner Occupied Housing Units 4,445 4,209 4,351
Renter Occupied Housing Units 7,346 8,983 9,441
Median Age 28.8 29.6 30.2
Trends: 2019 - 2024 Annual Rate Area State National
Population 0.73% 1.59% 0.77%
Households 0.89% 1.55% 0.75%
Families 0.80% 1.53% 0.68%
Owner Occupied Households 0.67% 1.63% 0.92%
Median Household Income 0.67% 2.50% 2.70%
Households by Income 2019 2024
Number Percent Number Percent
<$15,000 3,845 29.2% 3,625 26.3%
$15,000 - $24,999 1,380 10.5% 1,485 10.8%
$25,000 - $34,999 1,300 9.9% 1,370 9.9%
$35,000 - $49,999 2,685 20.4% 2,936 21.3%
$50,000 - $74,999 1,518 11.5% 1,618 11.7%
$75,000 - $99,999 1,272 9.6% 1,378 10.0%
$100,000 - $149,999 857 6.5% 1,001 7.3%
$150,000 - $199,999 185 1.4% 226 1.6%
$200,000+ 141 1.1% 145 1.1%
2019 2024
Median Household Income $35,244 $36,439
Average Household Income $45,686 $49,440
Per Capita Income $14,880 $16,169
Population by
Age
Census 2010 2019 2024
Number Percent Number Percent Number Percent
0 – 4 1,812 4.7% 1,894 4.5% 2,029 4.6%
5 – 9 1,381 3.6% 1,552 3.7% 1,611 3.7%
10 – 14 1,317 3.4% 1,478 3.5% 1,563 3.5%
15 – 19 3,746 9.7% 3,810 9.0% 3,947 9.0%
20 – 24 8,417 21.8% 8,713 20.5% 8,719 19.8%
25 – 34 5,929 15.4% 6,977 16.4% 6,988 15.9%
35 – 44 4,704 12.2% 4,987 11.7% 5,352 12.2%
45 – 54 4,775 12.4% 4,818 11.3% 4,839 11.0%
55 – 64 9,198 8.3% 3,845 9.1% 3,826 8.7%
65 – 74 1,737 4.5% 2,430 5.7% 2,810 6.4%
75 – 84 1,058 2.7% 1,336 3.1% 1,661 3.8%
85+ 471 1.2% 620 1.5% 669 1.6%
8
Race and Ethnicity Census 2010 2019 2024
Number Percent Number Percent Number Percent
White Alone 24,152 62.7% 25,925 61.1% 26,345 59.8%
Black Alone 9,799 25.4% 10,921 25.7% 11,383 25.8%
American Indian Alone 160 0.4% 184 0.4% 202 0.5%
Asian Alone 523 1.4% 699 1.6% 810 1.8%
Pacific Islander Alone 21 0.1% 46 0.1% 59 0.1%
Some Other Race Alone 3,060 7.9% 3,669 8.6% 4,110 9.3%
Two or More Races 833 2.2% 1,019 2.4% 1,130 2.6%
Hispanic Origin (Any
Race)
7,211 18.7% 8,642 20.4% 9,459 21.5%
Data Note: Income is expressed in current dollars.
Source: U.S. Census Bureau, Census 2010 Summary File 1. Esri forecasts for 2019 and 2024
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
Population Households Families Owner HHs Median HH
Income
Annual Rate Trends: 2019 -2024
Area State National
9
0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
0 –4 5 –9 10 –14 15 –19 20 –24 25 –34 35 –44 45 –54 55 –6465 –74 75 –84 85+
Population by Age
2019 2024
<$15,000
29%
$15,000 -
$24,999
11%$25,000 -
$34,999
10%
$35,000 -$49,999
20%
$50,000 -$74,999
11%
$75,000 -$99,999
10%
$100,000 -$149,999
7%
$150,000 -$199,999
1%$200,000+
1%
2019 Household Income
10
SWOT Analysis
The facilitator conducted a Strengths, Weaknesses, Opportunities, and Threats
analysis for Huntsville to create a framework for understanding the area’s issues. The
following table captures the major findings from this analysis:
Strengths Weaknesses
• People – alumni, youth
• Well-planned water resources
• Sam Houston State University
• Texas Department of Criminal Justice
• Location
• Low tax rate
• Specific retail markets
• Educated workforce
• Quality of life
• Natural resources
• Wineries
• Affordable land costs
• Rich in history/uniqueness
• Infrastructure for future growth
• Water supply
• Climate
• Recreational and tourism assets
• Safe community
• Affordable cost of living
• Community pride
• Outside perception
• Limited job market
• Historical hardships
• Business risk
• Housing
• State-owned property
• Private landowners with large parcels
of land
• Lack of diversified workforce
• Lack of venues and “experiences” for
socializing
• HISD performance reputation
Opportunities Threats
• Population growth
• Enrollment growth at SHSU
• Prime location between Houston and
Dallas
• Natural environment
• Rich in uniqueness and history
• Interstate expansion
• Housing
• Tourism attraction
• Economic development players
working together
• Downtown revitalization
• Bruce Brothers Huntsville Regional
Airport
• Unmanaged population growth
• Accommodating student population
growth
• Lack of public transportation
• Loss of greenspace and forests
• Outside negative perceptions based
on limited information
• Hospital instability
• HISD salaries
• Tax exempt properties
• Commuter university
11
Goals and Strategies
Goal 1 | Promote ED opportunities presented by the presence of SHSU
• Promote entrepreneurship
• Leverage the future development of the SHSU technology park
• Retain graduates and attract alumni investment
• Take advantage of the increasing student population
Goal 2 | Leverage the presence of TDCJ to expand ED opportunities
• Leverage purchasing power of TDCJ to source suppliers
• Assist in recruiting workforce through leveraging housing opportunities
• Evaluate TDCJ use of properties
Goal 3 | Promote the growth of downtown focusing on opportunities to create a
welcoming environment for residents and students
• Take advantage of the existing entertainment and cultural opportunities
• Improve infrastructure connecting downtown and the university
• Maintain and enhance economic vitality downtown
• Establish downtown as a destination for opportunities
Goal 4 | Support the retention and expansion of existing businesses in Huntsville
• Explore incentives for business expansion and retention
• Have an increased presence in the business community to better understand
existing conditions and future opportunities
Goal 5 | Increase the number and diversity of housing opportunities in Huntsville
• Support the development of attainable affordable housing
• Promote the development of all ranges of housing to meet existing demand
Goal 6 | Promote the development of a business/industrial park to increase
competitiveness in the recruitment of new businesses
• Investigate the possibilities of creating a business park either publicly or privately
• Explore the possibility of public/private partnerships (P3s) to provide the
necessary infrastructure for park creation
Goal 7 | Support excellence in the school system
• Market the educational assets
• Enhance the partnerships between the schools and the university
• Explore opportunities for blue collar skills development
• Advocate for adequate funding for the schools
Goal 8 | Identify and promote the image of Huntsville as a tourist destination through
marketing
• Build a consensus for a consistent message to market the community
• Build awareness of this new theme for current residents and leaders
12
Strategic Plan
Year 1
• Disaster Recovery & Community Resiliency: Implement efforts to reduce
vulnerability, where possible, to these events and speed the rate of recovery.
o Conduct economic vulnerability assessments for natural disasters
o Improve communication, coordination, and cooperation between the
businesses, government, and nonprofit sectors in times of disasters
• Economic Development Marketing & Communications Plan: Develop an overall
plan that addresses all of Huntsville’s ED endeavors and better communicates the
opportunity and astuteness of the City.
o Promote a positive brand identity
o Develop Stand Alone ED Website to include:
▪ Site selector info
▪ Quality of life
▪ Retail & restaurant recruitment
▪ Business services for existing businesses
o Evaluate the use of social media as a means to further Economic
Development efforts
• Business Retention: Develop an ongoing business retention effort that coordinates
with community partners. Include:
o Primary Employer Database
o Executive Roundtable
o Mom & Pop Retention Efforts
o Small Business Grants
• Business Recruitment: Begin building coalitions, research base, relationships, and
general long-term foundation for economic growth over time. Include:
o SHSU, Airport, & TDCJ: begin discussions about land, crossover projects,
short/long term funding mechanisms.
o Conference Center/Full-Service Hotel Recruitment
o Do Focused Industry Research to determine needs and recruit ability factors
o Look into facilitating shared workspace opportunity in Downtown
(encourage entrepreneurial activity and people in downtown)
Year 2
• Organizational Structure Development: Put in place and provide long term
funding for a fully staffed ED staff to address the following:
o Primary Employment retention & recruitment
o Retail & Restaurant retention & recruitment
o Tourism, Downtown & Events
o Marketing, Communications & Research
13
o Long Term Business Development (technology, industrial, event centers,
airport, coalition building)
• Other Efforts:
o Form Economic Development Coalition (EDC): Put together a group of
people to meet monthly to discuss ongoing Huntsville area economic
development endeavors.
▪ Groom the Coalition so that they can:
• Be a resource and supporter of the long-term EDC efforts,
• Be quickly responsive when a Prospect is in hand
• Troubleshoot and resolve issues (development, complaints,
etc.) as needed
• Understand “who does what” concerning the various EDC
endeavors
• Engage as an Economic Development Partner
▪ Include entities such as:
• City Planning/Development/GIS
• City Engineering/Transportation
• Chamber of Commerce
• Tourism
• Small Business Development Center
o Benchmark Cities: Select cities that have attributes that Huntsville would
like to emulate. Visit them, meet with staff/leaders to determine how they
accomplished their success and what problems they had. Determine what
might work for Huntsville.
▪ Towns mentioned during interviews include:
• College Station, Texas
• Bryan, Texas
• Denton, Texas
• Oxford, Mississippi
• San Marcos, Texas
• Fredericksburg, Texas
• Sugarland, Texas
• Identify and Establish: Responsibly develop identified economic opportunity
areas.
o Identify and Establish the following where appropriate:
▪ Traditional Zoning Districts
▪ Neighborhood Empowerment Zones
▪ Reinvestment Zones
▪ Enterprise Zones
▪ Tax Increment Reinvestment Zones
▪ Opportunity Zones
▪ Foreign Trade Zones
▪ Public Improvement Districts
▪ Municipal Management Districts
14
Year 3:
• Promote and Protect the IH 45 Corridors:
o Maintain high quality development to ensure Huntsville’s commercial
frontage creates a strong identity along the major corridor
o Support amendments in development codes which encourage a quality and
character of development that is market-supported yet superior to what
exists today
o Maintain data on existing retail to be proactive in addressing any potential
loss of retailers in the City
o Prepare a redevelopment strategy for the reinvention and retention of
businesses in more established commercial locations
• Achieve Regional, State, and National Recognition
o Support efforts to maintain rankings as “One of the Cities to Start a Small
Business”, “One in the United States for a Business Environment”, and “One of
the Best Cities for Veterans Seeking Higher Education”
o Support efforts to achieve new recognitions such as “Safe City”, “Best Place to
Live”, and “Best Small City to Relocate To”
• Reassess, and Plan for next 3-5 Years
o Determine what approach is appropriate for formulating the next Economic
Development Strategic Plan
Agenda Item #3b
Item/Subject: First Reading - Consider adopting Ordinance No. 2020-28 making required EPA
Streamlining Rule modifications to the existing Industrial Wastewater Ordinance, Section 46 of the City
of Huntsville Code of Ordinances which provides the legal authority for the Industrial Pretreatment
Program, first reading.
Initiating Department/Presenter: Public Works
Presenter: Brent Sherrod, P.E., Public Works Director
Recommended Motion: The proposed changes to the ordinance making required EPA Streamlining Rule
required modifications must be adopted and returned to TCEQ by June 13th, 2020. Staff recommends
Council waive the second-reading requirement as follows: Move to waive the requirement for readings
on two separate days and move to adopt Ordinance No. 2020-28 approving the required EPA
Streamlining Rule modifications to the existing Industrial Wastewater Ordinance, Section 46 of the City
of Huntsville Code of Ordinances which provides the legal authority for the Industrial Pretreatment
Program.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: In 1982, the City of Huntsville developed an Industrial Pretreatment Program as required
by the Environmental Protection Agency (EPA) which included an Industrial Wastewater ordinance,
Chapter 18 (now Chapter 46) of the City of Huntsville’s Code of Ordinances, which provided the legal
authority for the program. The ordinance has been modified five times since the development of the
original program (1989, 1995, 2010, 2015, 2018) in response to changes in state and federal
requirements.
The Streamlining Rule revises several of the EPA General Pretreatment Regulations (40CFR 403). The
Streamlining Rule was designed to reduce the overall regulatory burden on both the Industrial Users
(IUs) and Control Authority without adversely affecting environmental protection. The Streamlining
Rule provides the Control Authority with flexibility to reduce the burden of technical and administrative
requirements without undermining the environmental objectives of the Pretreatment Program.
The City of Huntsville proposed Pretreatment Streamlining Rule non-substantial modification package
was submitted to the TCEQ and revisions to it were submitted on March 30, 2020. The TCEQ has
determined that the City of Huntsville Non-Substantial Program modification submission is now both
technically complete and approved.
The revision of the Industrial Wastewater Ordinance, Section 46 of Huntsville Code of Ordinances being
considered with this agenda item is necessary to provide legal authority to the pretreatment program
and allow the Public Works Department to proceed with the final steps of the non-substantial
modification process.
The revised ordinance has been reviewed and approved by the City Attorney.
6/2/2020
Agenda Item: 3b
CITY COUNCIL AGENDA
Agenda Item #3b
The proposed changes to the ordinance making required EPA Streamlining Rule required modifications
must be adopted and returned to TCEQ by June 13th, 2020.
Previous Council Action: In June 2018, the TCEQ required modification to the City’s Industrial
Pretreatment Program and therefore Council Approved Ordinance 2018-24, amending Article III,
Industrial Wastewater Standards as a result of the copper local limit revision and state and federal
program modifications.
Financial Implications: None.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Ordinance 2020-28 with Exhibit A
• City of Huntsville Code of Ordinances, Section 46, Industrial Wastewater Standards, with
additions and deletions.
ORDINANCE NO. 2020-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS
ADOPTING MODIFICATIONS TO CHAPTER 46 OF THE HUNTSVILLE CODE OF
ORDINANCES; PROVIDING FOR THE SAFETY AND HEALTH FOR THE CITIZENS
OF HUNTSVILLE; CONTAINING A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, AND AN EFFECTIVE DATE; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the Huntsville Code of Ordinances (“Code”), Chapter 46 governs Utilities such as
water, sewers and industrial wastewater; and
WHEREAS, the City of Huntsville, a home rule municipality, is authorized by Charter to adopt
and implement necessary and reasonable ordinances in the best interests of its
citizenry; and
WHEREAS, it is the desire of the City Council of the City of Huntsville, Texas that the City
provide necessary facilities to ensure the health and safety of its citizens and to
adopt rules and regulations setting forth requirements for the operation and
maintenance of said facilities; and
WHEREAS, the City council of the City of Huntsville finds the provisions of this ordinance set
forth below are necessary to protect the health, safety, and welfare of its citizens
and the public, and said rules and regulations are reasonable;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Huntsville, Texas
that from and after the Effective Date of this Ordinance:
SECTION 1. The facts and matters set forth in the preamble of this Ordinance are found to be
true and correct and are hereby adopted, ratified, and confirmed.
SECTION 2. Huntsville Code of Ordinances Chapter 46 “Utilities” is hereby amended by as
shown in the attached Exhibit “A” with additions underlined and redactions shown
by strikethroughs.
SECTION 3. If any portion of this Ordinance shall, for any reason, be declared invalid by any
court of competent jurisdiction, such invalidity shall not affect the remaining
provisions hereof.
SECTION 4. All ordinances, parts of ordinances, rules and regulations in conflict with the
provisions of this Ordinance are hereby repealed.
SECTION 5. This Ordinance shall take effect upon adoption.
First Reading Date: ________________ Second Reading Date: ________________
PASSED AND APPROVED on this the ____th day of ____________ 2020.
THE CITY OF HUNTSVILLE
___________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
EXHIBIT A
CHAPTER 46- UTILITIES
ARTICLE III. INDUSTRIAL WASTEWATER STANDARDS*
__________
*State law references: Criteria and standards for the National Pollutant Discharge Elimination System,
30 Tex. Admin. Code § 308.1 et seq.
__________
DIVISION 1. GENERALLY
Sec. 46-151. Purpose and policy.
(a) This article applies to all users, inside or outside of the city, who use the city's publicly owned treatment
works (POTW). The purpose of this article is to enable the city to comply with the applicable state and
federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment
Regulations (40 CFR 403). The objectives of the article are:
(1) To prevent the introduction of pollutants into the POTW that will interfere with its operation;
(2) To prevent the introduction of pollutants into the POTW that will pass through the POTW,
inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
(3) To protect both POTW personnel who may be affected by wastewater and sludge in the course of
their employment and the general public;
(4) To promote reuse and recycling of industrial wastewater and sludge for the POTW;
(5) To provide for fees for the equitable distribution of the cost of operation, maintenance, and
improvement of the POTW; and
(6) To enable the city to comply with its Texas Pollutant Discharge Elimination System permit
conditions, sludge use and disposal requirements, and any other federal or state laws to which the
POTW is subject.
(b) This article authorizes the issuance of wastewater discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes administrative review procedures; requires user
reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the
program established herein.
(Code 1961, § 33.01.01; Ord. No. 95-00, 3-21-1995; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, §
(Exh. A), 3-9-2010)
Sec. 46-152. Administration.
Except as otherwise provided herein, the director of public utilities works shall administer,
implement and enforce the provisions of this article. Any powers granted to or duties imposed upon the
director of public utilities works may be delegated by the director of public utilities works to other city
personnel.
(Code 1961, § 33.01.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-153. Abbreviations.
The following abbreviations, when used in this article, shall have the designated meanings:
TABLE INSET:
BMP Best Management Practice
BOD Biochemical oxygen demand
CFR Code of Federal Regulations
FR Federal Register
Mg/l Milligrams per liter (1 mg/l = 1 ppm)
NPDES
permit
National Pollutant Discharge Elimination System permit issued pursuant to section
402 of the Clean Water Act
O&M Operation and maintenance
POTW Publicly owned treatment works
SIU Significant industrial user
SWDA Solid Waste Disposal Act
TSS Total suspended solids
USC United States Code
(Code 1961, § 33.01.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-154. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
90-day compliance report means a report submitted by categorical industrial users within 90 days
following the date for final compliance with the standards. This report must contain flow measurement (or
regulated process streams and other streams), measurement of pollutants, and a certification as to whether
the categorical standards are being met.
Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act
(CWA), as amended, 33 USC 1251 et seq.
Approval authority means the EPA regional director.
Authorized representative of the user means:
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principle
business function, or any other person who performs similar policy or decision-making
functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities, employing
more than 250 person or having a gross annual sales or expenditures exceeding
$25,000,000.00 (in second-quarter 1980 dollars), if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures, provided the
manager is authorized to make management decisions that govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures to assure long-term
environmental compliance with environmental laws and regulations; can ensure that the
necessary systems are established or actions taken to gather complete and accurate information
for individual wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
(3) If the user is a federal, state or local governmental facility, a director or highest official appointed
of designated to oversee the operation and performance of the activities of the government facility,
or their designee.
The individuals described in subsections (1) through (3) of this definition 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.
Average monthly discharge limitation means the highest allowable average of “daily discharges”
over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month
divided by the number of “daily discharges” measured during that month.
Baseline monitoring report (BMR) means a report submitted by categorical industrial users within
180 days after the effective date of an applicable categorical standard which indicates the compliance status
of the user with the categorical standard.
Best Management Practices or BMPs means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed in Section
2.1 A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade,
usually expressed as a concentration (e.g., mg/l).
Blowdown means the discharge of water with high concentrations of accumulated solids from
boilers to prevent plugging of the boiler tubes and/or steam lines. In cooling towers, blowdown is
discharged to reduce the concentration of dissolved salts in the re-circulating cooling water. Clean "make-
up" water is added to dilute the dissolved solids in the system. Blowdown also includes the discharge of
condensate.
Bypass means the intentional diversion of waste streams from any portion of an industrial user's
pretreatment facility.
Categorical industrial user (CIU) means an industrial user subject to categorical pretreatment
standards.
Categorical pretreatment standard or categorical standard means any regulation containing
pollutant discharge limits promulgated by EPA in accordance with section 307(b) and (c) of the Act (USC
1317) which apply to specific category of users and which appear in 40 CFR 405--471.
Chain of custody means a legal record (which may be a series of records) of each person who had
possession of an environmental sample, from the person who collected the sample to the person who
analyzed the sample in the laboratory and to the person who witnessed the disposal of the sample.
City means City of Huntsville, Texas.
Combined wastestream formula (CFW) means a means of deriving alternative categorical
discharge limits in situations where process effluent is mixed with waste waters other than those generated
by the regulated process prior to treatment.
Composite sample means the sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either flow or time.
Control authority (CA) means the City of Huntsville based on its EPA Submitted and Approved
Pretreatment Program in accordance with 40 CFR 403.3(t)(1) and the requirements of 40 CFR 403.11.
Conventional pollutant means a pollutant which has been designated as conventional under section
304(a)(4) of the Act. These pollutants include: BOD, TSS, pH, fecal coliform, and oil and grease.
Daily average limit means the arithmetic average of all test or measurement results obtained during
the reporting period.
Daily Discharge is the discharge of a pollutant measured during a calendar day or any 24-hour
period that reasonably represents the calendar day for the purposes of sampling.
Daily Maximum Limit is the highest allowable “daily discharge”.
Director means the director of public utilities works for the city.
Discharge permit means a permit as described in section 46-267.
Domestic sewage means water-carried wastes normally discharging into the sanitary sewers of
dwellings (including apartment houses and hotels), office buildings, factories and institutions, free from
storm surface water and industrial wastes. The "normal" sewage for the city, based on POTW design
criteria, is established at average concentrations of BOD5 and TSS at not more than 250 mg/l and 300 mg/l,
respectfully.
Effluent means wastewater or other liquid (raw, untreated, partially or completely treated) flowing
from an industrial user to a reservoir, basin, treatment process or treatment plant.
Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency or,
where appropriate, the regional water management division director, or other duly authorized official of the
agency.
Existing source means any source of discharge, the construction or operation of which commenced
prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to
such source if the standard is thereafter promulgated in accordance with section 307 of the Act.
Flow proportional composite sample means a sampling method which combines discrete aliquots
of a sample collected over time, based on the flow of the wastestream being sampled by one of two
methods:
(1) Collection of a constant sample volume at time intervals based on stream flow (e.g., 200 ml sample
collected for every 5,000 gallons discharged);
(2) Collection of aliquots of varying volume, based on stream flow, at constant time intervals.
Garbage means solid wastes and residue from the preparation, cooking, and dispensing of food,
and from the handling, storage and sale of food products and produce.
Grab sample means a sample which is taken from a wastestream without regard to the flow in the
wastestream and over a period of time not to exceed 15 minutes.
Hazardous waste. For a waste to be considered a hazardous waste, it must first be designated a
solid waste. Virtually all forms of wastes are considered to be solid wastes (including solids, liquids,
semisolids, and contained gaseous materials) except those expressly excluded under regulatory definition,
e.g. industrial effluent which is mixed with sanitary wastes in the sewer. For a solid waste to be considered
hazardous it must meet one of two criteria:
(1) It has one of the following four characteristics: ignitibility, corrosivity, reactivity, or toxicity
(according to the toxicity characteristic leaching procedure (40 CFR 268 Appendix I), or
(2) It must be a listed hazardous waste in 40 CFR 261.31--261.33.
Indirect discharge or discharge means the introduction of pollutants into the POTW from any
nondomestic source regulated under section 307(b), (c) or (d) of the Act.
Industrial user (IU) or user means a source of indirect discharge.
Industrial waste means all water-carried solids, liquids and gaseous wastes resulting 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 as distinct from normal domestic sewage.
Influent means wastewater or other liquid (raw, untreated, partially or completely treated) flowing
into a reservoir, basin, treatment process, or treatment plant.
Instantaneous Maximum Limit: The maximum concentration (or loading) of a pollutant allowed to
be discharge at any time, determined from the analysis of any discharge or composite sample collected,
independent of the industrial flow rate and the duration of the sampling event
Interference means a discharge which, alone or in conjunction with a discharge from other sources,
inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal;
and therefore is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use
or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there
under, or more stringent state or local regulations: section 405 of the Act; the Solid Waste Disposal Act
(SWDA), including title II commonly referred to as the Resource Conservation and Recovery Act (RCRA);
any 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; or the Marine Protection, Research and
Sanctuaries Act.
Local limits mean effluent discharge limits applicable to industrial users of the city's system
developed by the control authority in accordance with 40 CFR 403.5(c). In developing local limits, the CA
demonstrates that implementation of numeric limits plus implementation of BMPs for specific sectors will
result in the calculated Maximum Allowable Headworks Loading (MAHL) being met. Where it is expected
to take a significant amount of time for BMP-based reductions to be realized, a “pre- BMP’’ loading from
the sector may be used in the Maximum Allowable Industrial Loading (MAIL) calculations. Initial
estimates of loading reductions can be verified through sampling of selected Users that have implemented
the BMPs or evaluating influent loadings for pollutants being addressed by BMPs to see if adjustments are
needed for the allowable headworks loadings, the numeric limits or BMPs for any affected sectors.
Maximum allowable discharge limit means:
(1) Instantaneous: The maximum concentration of a pollutant allowed to be discharged at any time,
determined from the analysis of a grab sample; and
(2) Daily: The average value of all grab samples taken during a given calendar day. If only one grab
sample has been taken, that grab sample becomes the daily maximum (as well as the instantaneous
maximum). If more than one grab sample is collected on a given day, the daily maximum is the
average of all the individual grab samples. A composite sample, by definition, becomes the daily
maximum for the calendar day in which it is collected.
Maximum Allowable Headworks Loading (MAHL). The estimated maximum loading of a pollutant
that can be received at a POTW’s headworks without causing pass through or interference.
Maximum Allowable Industrial Loading (MAIL). The estimated maximum loading of a pollutant
that can be received at a POTW’s headworks from all permitted industrial users and other controlled sources
without causing pass through or interference. The MAIL is usually calculated by applying a safety factor
to the MAHL and discounting for uncontrolled sources, hauled waste and growth allowance and is used in
the calculations of local limits.
Medical waste means isolation wastes, infectious agents, human blood and blood byproducts,
pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes and dialysis wastes.
Milligrams per liter (mg/l or ppm) means a weight to volume ratio; the milligrams per liter value
multiplied by the factor of 8.33 shall be equivalent to pound per million gallons of water.
Monthly Average Limit the highest allowable average of “daily discharges” over a calendar month,
calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of
“daily discharges” measured during that month.
National categorical pretreatment standard, pretreatment standard or standard means any
regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b)
and (c) of the Act, which applies to industrial users. The term "national categorical pretreatment standard"
includes prohibitive discharge limits established pursuant to section 403.5 of the Act.
New source means any:
(1) 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 is such standards are thereafter
promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed at a site at which no other source is
located;
(b) The building structure, facility or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating process of the building, structure, facility or
installation are substantially independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent to which the new facility
is integrated with the existing plant, and the extent to which the new facility is engaged in the
same general type of activity as the existing source should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a
new source if the construction does not create a new building, structure, facility or installation
meeting the criteria of subsection (1)b or (c) of this definition but otherwise alters, replaces, or adds
to existing process or production equipment.
(3) Construction of a new source has commenced if the owner or operator has:
a. Begun, or caused to begin as part of a continuous on-site construction program:
b. Any placement, assembly, or installation of facilities or equipment; or
c. Significant site preparation work including clearing, excavation, or removal of existing
buildings, structures, or facilities which is necessary for the placement, assembly, or installation
of new source facilities or equipment; or
a. Entered in 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
subsection.
Noncontact cooling water means water used for cooling which does not come into direct contact
with any raw material intermediate product, waste product, or finished product.
Pass through means a discharge that exits the POTW into a watercourse in quantities or
concentrations that, alone or in conjunction with a discharge from other sources, 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).
Periodic compliance report means a report submitted at least twice annually by each significant
industrial user regulated under the local pretreatment program that indicates the nature and concentration
of pollutants in the effluent which are limited by applicable pretreatment standards. In addition, the periodic
report must indicate a record of measured or estimated average maximum daily flows for the reporting
period.
Person means any individual, partnership, co-partnership, firm, company, corporation, association,
joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal
representatives, agents, or assigns. The term "person" includes all federal, state, and local government
entities.
pH means a measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant means 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 discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes,
and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, toxicity, odor).
Pollution means the manmade or man-induced alteration of the chemical, physical, biological and
radiological integrity of water.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such
pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological
processes; by process changes; or by other means, except by diluting the concentration of the pollutants
unless allowed by an applicable pretreatment standard.
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards or standards means prohibited discharge standards, categorical
pretreatment standards, and local limits.
Process wastewater means any water which, during manufacturing or processing, comes into direct
contact with or results from the production of or use of any raw material, intermediate product, finished
product, byproduct, or waste product.
Prohibited discharge standards or a prohibited discharge means absolute prohibitions against the
discharge of certain substances; these prohibitions appear in section 46-177.
Public sewer means a sewer controlled by the city.
Publicly owned treatment works or POTW means a treatment works as defined by section 212 of
the Act (33 USC 1292), that is owned by the city. The term "publicly owned treatment works" or "POTW"
includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if
they convey wastewater to a POTW treatment plant.
Regulated wastestream means an industrial process wastestream regulated by a national categorical
pretreatment standard.
Sanitary sewer means a sewer that conveys wastewater, and into which storm waters, surface
waters and ground waters or unpolluted industrial wastes are not intentionally passed.
Self-monitoring means sampling and analysis performed by the industrial user to ensure
compliance with the permit or other regulatory requirement.
Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
Sewage means human excrement and gray water (household showers, dishwashing operations,
etc.).
Sewer service charge means the charge made on all users of the public sewer whose wastes do not
exceed in strength the concentration values established in this article.
Significant industrial user means:
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW
(excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up five percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as such by the city on the basis that it has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement.
Upon finding that a user meeting the criteria in this definition has no reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at
any time, on its own initiative or in a response to a petition received from a user, and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial
user.
Significant noncompliance means an industrial user is in significant noncompliance if its violation
meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent
or more of all measurements taken during a six-month period exceed (by any magnitude) the
daily maximum limit or the average limit a numeric Pretreatment Standard or Requirement,
including Instantaneous Limits as defined in Division 2 for the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more
of all of the measurements for each pollutant parameter taken during a six-month period equal
or exceed the product of the daily maximum limit or the average limit numeric Pretreatment
Standard or Requirement, including Instantaneous Limits as defined in Division 2 multiplied
by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other
pollutants except pH);
(3) Any other violation of a effluent limit (daily maximum or longer term average) Pretreatment
Standard or Requirement as defined in Division 2 (Daily Maximum, long-term average,
instantaneous limit, or narrative standard) that the city that the director determines has caused,
alone or in combination with other discharges, interference or pass through (including
endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare
or to the environment or has resulted in the POTW's exercise of its emergency authority under
40 CFR 408.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone
contained in an enforcement order for starting construction, completing construction, or
attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline
monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports
on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation, or group of violations which may include a violation of Best Management
Practices which the city director determines will adversely affect the operation or
implementation of the local pretreatment program.
Sludge means the settleable solids intentionally separated from liquid waste streams during
treatment typically under quiescent conditions, and the unintentional accumulation of solids in tanks and
reservoirs associated with production and manufacturing processes.
Slug discharge control plan means a plan designed to prevent the uncontrolled discharge of raw
pollutants or materials (e.g., a dairy spill of milk may disrupt a small POTW and would have to be reported
even though milk is not a "pollutant") into the POTW. Every significant industrial user is required to be
evaluated, at least every two years within one year of SIU designation, for the necessity of instituting such
a control plan.
Slug load or slug means any discharge at a flow rate or concentration which could cause a violation
of the prohibited discharge standards in section 46-177 or any discharge of a non-routine, episodic nature,
including, but not limited to, an accidental spill or a non-customary batch discharge. 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, which has a reasonable potential to cause Interference or Pass through, or in
any other way violate the POTW’s regulations, Local Limits or Permit Conditions.
Standard industrial classification or SIC means a classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President, Office of Management and Budget,
1972.
Storm sewer means a sewer that carries storm waters and surface waters and drainage but excludes
domestic sewage and industrial wastes.
Storm water means any flow occurring during or following any form of natural precipitation, and
resulting there from, including snowmelt.
Storm water runoff means that portion of the rainfall that is drained into the storm sewers or
conveyed by surface flow to manmade or natural drainage courses.
Surcharge means the charge in addition to the sewage service charge which is made on those users
whose wastes are greater in strength than the concentration values established as representative of normal
charges or are greater in flow.
Surcharge limit means a base limit for the BOD5 and TSS, which when exceeded will result in a
surcharge. Where surcharge limits are expressed in units of mass, the daily discharge is the total mass
discharged over the course of the day. Where surcharge limits are expressed in terms of a concentration,
the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day.
Total Suspended solids means the total suspended matter that floats on the surface of, or is
suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
Time proportional composite sample means a sampling method which combines discrete sample
aliquots of constant volume collected at constant time intervals (e.g., 200 ml samples collected every half
hour for a 24-hour period). This method provides representative samples only where the sample stream
flow is constant, or where the volume is manually adjusted based on stream flow variation prior to being
added to the composite sample container.
Toxic pollutant means those pollutants, or combination of pollutants, including disease-causing
agents, which, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism,
either directly from the environment or indirectly by ingestion through the food chain, will, on the basis of
information available to the administrator to the EPA, cause, death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical
deformations, in such organisms or their offspring. Such pollutants which have been identified as toxic are
listed at 40 CFR 122 Appendix D.
User or industrial user means a source of indirect discharge.
Wastewater means liquid and water-carried industrial wastes and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated
or untreated, which are contributed to the POTW.
Wastewater treatment plant or treatment plant means that portion of the POTW which is
designated to provide treatment of municipal sewage and industrial waste.
(Code 1961, § 33.01.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-155. Right to assess.
The city may adopt reasonable charges and fees for reimbursement of costs setting up and operating
the city's pretreatment program.
(Code 1961, § 33.13.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-156. Charges and fees.
Charges and fees which may be adopted by the city include:
(1) Fees for wastewater discharge permit applications including the cost of processing such
applications;
(2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection
and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
(3) Fees for reviewing and responding to accidental discharge procedures and construction; and
(4) Other fees as the director may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this article and are separate from all other fees, fines, and
penalties chargeable by the city.
(Code 1961, § 33.13.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Secs. 46-157--46-176. Reserved.
DIVISION 2. GENERAL SEWER USE REQUIREMENTS
Sec. 46-177. Discharge to public sewers prohibited.
(a) General prohibitions. No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference. These general prohibitions apply
to all users of the POTW whether or not they are subject to categorical pretreatment standards or
any other national, state, or local pretreatment standards or requirements.
(b) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
centigrade using the test methods specified in 40 CFR 261.21;
(2) Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges
with pH lower than 5.5 or greater than 10.5;
(3) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW
resulting in interference but in no case, solids greater than one-half inch in any dimension;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a
flow rate and/or concentration which will cause interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in interference,
but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds
40 degrees centigrade (104 degrees Fahrenheit);
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that
will cause interference or pass through. Any discharge of such oil is limited to 100 mg/l;
(7) Any discharge of fats, oils, or greases of animal or vegetable origin in a concentration greater
than 100 mg/l;
(8) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which either singly or by
interaction with other wastes, are sufficient to create a public nuisance or a hazard to life,
prevent entry into sewers for maintenance or repair, or creates any other condition deleterious
to structures or treatment processes; or requires unusual facilities, attention or expense to
handle such materials;
(10) Wastewater which imparts color which cannot be removed by the treatment process, such
as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the city's NPDES permit;
(11) Wastewater containing any radioactive wastes of isotopes except in compliance with
applicable state or federal regulations;
(12) Storm water, surface water, groundwater, artisan well water, roof runoff, subsurface
drainage, swimming pool drainage, condensate, de-ionized water, noncontact cooling water,
and unpolluted wastewater unless specifically authorized by the director;
(13) Sludges, screenings or other residues from the pretreatment of industrial wastes;
(14) Medical wastes, except as specifically authorized by the director in a wastewater discharge
permit;
(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may cause excessive foaming
in the POTW;
(17) Any wastewater that causes a hazard to human life or creates a public nuisance.
(c) Discharge of storage pollutants, etc. Storage pollutants, substances, or wastewater prohibited by
this article shall not be processed or stored in such a manner that they could be discharged to the
POTW.
(Code 1961, § 33.02.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010; Ord. No.
2015-22, §1,5-19-2015)
Sec. 46-178. National categorical pretreatment standards.
The categorical pretreatment standards found at 40 CFR 405--471 are hereby incorporated.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater, the director may impose equivalent concentration or
mass limits in accordance with 40 CFR 403.6(c).
(2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not
regulated by the same standard, the director shall impose an alternate limit using the combined
wastestream formula in 40 CFR 403.6(e).
(3) A user may obtain a variance from the director from a categorical pretreatment standard if the user
can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors
relating to its discharge are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR
403.15.
(Code 1961, § 33.02.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-179. Local limits.
(a) The following pollutant limits are established to protect against pass through and interference. No user
shall discharge wastewater containing in excess of the following Daily Maximum Limit:
TABLE INSET:
Arsenic 0.46 mg/l
Cadmium 0.06 mg/l
Chromium 4.73 mg/l
Cyanide 0.15 mg/l
Lead 0.10 mg/l
Molybdenum 0.03 mg/l
Nickel 1.74 mg/l
Selenium 0.03 mg/l
Silver 0.09 mg/l
Zinc 1.10 mg/l
(b) The limits established in subsection (a) of this section apply at the point where the wastewater is
discharged to the POTW. All concentrations for metallic substances are for "total" metal unless
indicated otherwise. The director may impose mass limitations in addition to, or in place of, the
concentration-based limitations above.
(c). The director may develop Best Management Practices (BMPs), by ordinance or in individual
wastewater discharge permits to implement Local Limits and the requirements of Sec 46-177, or to
be used where numeric limits are infeasible or impracticable. Such BMPs may be considered local
limits and Pretreatment Standards for the purposes of 40 CFR 403.5 (c)(1), (c)(2) and (c)(4).
TBLLs for Copper and Mercury (mg/L)
Pollutants of Concern NB Davidson
WWTP
AJ Brown
WWTP
Robinson Creek
WWTP
Mercury 0.0236 0.0001 0.0001
1Compliance to be measured at the Minimum Analytical Level (MAL)
(Code 1961, § 33.02.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010; Ord. No.
2018-24, § 1(Exh. A), 6-9-2018)
Sec. 46-180. City’s right of revision.
The city reserves the right to establish, by title or in wastewater discharge permits, more stringent
standards or requirements on discharges to the POTW. In the event of the revision of local limits, notice of
proposed changes will be published in the largest daily newspaper in the municipality in which the POTW
is located, once they are approved by the TCEQ. In said notice, procedures for response will be outlined.
(Code 1961, § 33.02.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-181. Special agreement.
The city reserves the right to enter into special agreements with industrial users setting out special
terms under which they may discharge to the POTW. In no case will a special agreement waive compliance
with a pretreatment standard or requirement. The industrial user (IU) may, however, request a net gross
adjustment to a categorical standard in accordance with 40 CFR 403.15. The IU may also request a variance
from the categorical pretreatment standards from EPA. Such a request will be approved only if the IU can
prove that factors relating to its discharge are fundamentally different from the factors considered by EPA
when establishing that pretreatment standard. An IU requesting a fundamentally different factor variance
must comply with the procedural and substantive provisions in 40 CFR 403.13.
(Code 1961, § 33.02.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-182. Dilution prohibited.
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as
a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard or requirement. The director may
impose mass limitations on users who are using dilution to meet applicable pretreatment standards or
requirements, or in other cases when the imposition of mass limitations is appropriate.
(Code 1961, § 33.02.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-183. Discharge of hauled wastes by truck, rail, or dedicated pipeline.
No user shall discharge wastes, including any liquid, solid or septic tank wastes which are generated
at residential, commercial or industrial facilities, to the sanitary sewer by means other than a permanent
sewer connection to the public sewer system and in accordance with the provisions contained in Chapter
46. This includes wastes that are transported via truck, rail or any other transportation means. Further, the
discharge of hazardous wastes (as defined in section 1004 of the Resource Conservation and Recovery Act)
into a pipeline connected to the public sewer, which is dedicated to only the discharge of hazardous waste,
is prohibited.
(Code 1961, § 33.02.07; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010; Ord. No.
2015-22, § 2, 5-19-2015)
Sec. 46-184. Direct discharges.
Unless authorized by the state natural resource conservation commission, no user shall deposit or
discharge any wastewater, industrial waste, or polluted liquid on public or private property, into or adjacent
to any natural outlet, natural watercourse, storm sewer, street, gutter, drainage ditch, or other area within
the jurisdiction of the city.
(Code 1961, § 33.02.08; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-185--46-206. Reserved.
DIVISION 3. PRETREATMENT OF WASTEWATER
Sec. 46-207. Pretreatment facilities.
(a) Users shall provide wastewater treatment as necessary to comply with this article and shall achieve
compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in
section 46-177 within the time limitations specified by EPA, the state, or director, whichever is more
stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the
user's expense. Detailed plans describing such facilities and operating procedures shall be submitted
to the director for review and shall be acceptable to the director before such facilities are constructed.
(b) The review of such plans and operating procedures shall in no way relieve the user from the
responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city
under the provisions of this article.
(Code 1961, § 33.03.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-208. Additional pretreatment measures.
(a) Whenever deemed necessary, the director may require users to restrict their discharge during peak
flow periods, designate that certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams,
and such other conditions as may be necessary to protect the POTW and determine the user's
compliance with the requirements of this article.
(b) The director may require any user discharging into the POTW to install and maintain, on their
property and at their expense, a suitable storage and flow-control facility to ensure equalization of
flow. A wastewater discharge permit may be issued solely for flow equalization.
(c) Grease, oil and sand interceptors shall be provided when, in the opinion of the director, they are
necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or
sand; except that such interceptors shall not be required for residential users. All interception units
shall be of type and capacity approved by the director and shall be so located to be easily accessible
for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as
needed, by the user at their expense.
(d) Users with the potential to discharge flammable substances may be required to install and maintain
an approved combustible gas detection meter.
(Code 1961, § 33.03.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-209. Accidental discharge/slug control plans.
At least once every two years Within one year of being designated as a SIU the director shall
evaluate whether each significant industrial user needs an accidental discharge/slug control plan or other
action to control slug discharges. The director may require any user to develop, submit for approval, and
implement such a plan or take such other action that may be necessary. SIUs are required to notify the
Director immediately of any changes at its facility affecting potential for a Slug Discharge. Alternatively,
the director may develop such a plan for any user. An accidental discharge/slug control plan shall address,
at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the director of any accidental or slug discharge, as required by
section 46-297;
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures
include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of
materials, loading and unloading operations, control of plant site runoff, worker training, building
of containment structures or equipment, measures for containing toxic organic pollutants, including
solvents, and/or measures and equipment for emergency response.
(5) Cost and clean-up. Any related costs, including fines, fees or court costs, involved in the cleaning
up of a slug discharge shall be paid by the industrial user causing such discharge. This shall include
the costs of cleaning up the city's wastewater facilities, and the costs shall include any labor,
equipment, or materials involved. The cleaning up of the city's wastewater facilities shall be
completed by the city's operators or other contractors approved by the city.
(Code 1961, § 33.03.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-210. Tenant responsibility.
Where an owner of property leases to any other person as a tenant under any rental or lease
agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for
compliance with the provisions of this article.
(Code 1961, § 33.03.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-211. Surcharges.
(a) A user exhibiting none of the characteristics of wastes prohibited in sections 46-177 or 46-182 other
than a BOD5 or TSS concentration in excess of normal domestic sewage shall be required to pretreat
the wastewater to meet the requirements of normal domestic sewage. Such wastewater may, however,
be accepted for treatment if all the following requirements are met:
(1) The wastewater will not adversely impact the POTW.
(2) Upon authorization to discharge, the user pays a surcharge over and above the existing sewer rates
though a surcharge based on the following equation:
Surcharge = (Volume) x [BOD5 /250 + TSS/300] x (Surcharge Rate)
Where:
Surcharge = calculated in dollars
Volume = calculated in thousands of gallons/month
BOD5 = Result based on 24-hour composite sample or flow proportioned composite sample if
available. If analytical result is less than 250 mg/l, the value is zero.
TSS = Result based on 24-hour composite sample or flow proportioned composite sample if
available. If analytical result is less than 300 mg/l, the value is zero.
Surcharge rate = The city's cost of treating BOD5 and TSS based on the previous fiscal year as
determined in section 46-102.
The purpose of a surcharge is to recover the city's cost of treating excessive BOD5 and TSS
concentrations and to encourage users to reduce these loadings in their discharges. Once established, a
surcharge shall be in full force and effect for a minimum period of three months unless otherwise
specified by the director.
(b) The volume of wastes may be determined by the same methods used to calculate the regular sewer
service charge or as a percentage (85 percent) of user's water bill.
(c) Sampling locations shall be representative of users discharge prior to the service line connection to the
POTW in accordance with section 46-329.
(d) BOD5 and TSS concentrations shall be determined from actual samples collected and analyzed in
accordance with sections 46-300 and 46-301.
(e) At a minimum, the user shall sample and analyze their discharge quarterly for determination of the
BOD and TSS concentration discharged based on a 24-hour composite sample. The user shall provide
a copy of these results to the director in the months of March, June, September and December. These
results shall be used for the determination of the surcharge for the period specified.
(f) The user may substitute the BOD and TSS results as determined by the city analysis for the March and
September submittal identified in subsection (d) of this section.
(Code 1961, § 33.03.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-212--46-230. Reserved.
DIVISION 4. WASTEWATER DISCHARGE PERMIT ELIGIBILITY
Sec. 46-231. Wastewater analysis.
When requested by the director, a user must submit information on the nature and characteristics
of its wastewater within 30 days of the request. The director is authorized to prepare a form for this purpose
and may periodically require users to update this information.
(Code 1961, § 33.04.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-232. Discharge permits required.
(a) No significant industrial user shall discharge wastewater into the POTW without first obtaining a
wastewater discharge permit from the director, except that a significant industrial user that has filed
a timely application pursuant to section 46-233 may continue to discharge for the time period
specified therein.
(b) The director may require other users to obtain wastewater discharge permits as necessary to carry out
the purposes of this article.
(c) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a
violation of this article and subjects the wastewater discharge permittee to the sanctions set out in
divisions 3 and 9 of this article. Obtaining a wastewater discharge permit does not relieve a permittee
of its obligation to comply with all federal and state pretreatment standards or requirements or with
any other requirements of federal, state and local law.
(Code 1961, § 33.04.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-233. Existing connections.
Any user required to obtain a wastewater discharge permit who was discharging wastewater into
the POTW prior to the effective date of the ordinance from which this article is derived and who wishes to
continue such discharges in the future, shall, within 180 days after said date, apply to the director for a
wastewater discharge permit in accordance with section 46-233, and shall not cause or allow discharges to
the POTW to continue after 180 days of the effective date of the ordinance from which this article is derived
except in accordance with a wastewater discharge permit issued by the director.
(Code 1961, § 33.04.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-234. New connections.
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence
discharging into the POTW must obtain such permit prior to the beginning or recommencing of such
discharge. An application for this wastewater discharge permit, in accordance with section 46-236, must be
filed at least 30 days prior to the date upon which any discharge will begin or recommence.
(Code 1961, § 33.04.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-235. Extra jurisdictional users.
(a) Any significant industrial user located beyond the city limits shall submit a wastewater discharge
permit application in accordance with section 46-236 and obtain a wastewater discharge permit before
connecting to the POTW.
(b) The director may require other users located beyond the city limits to submit a wastewater discharge
permit application in accordance with section 46-236 and obtain a wastewater discharge permit before
connecting to the POTW.
(Code 1961, § 33.04.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-236. Permit applications.
(a) Information required.
(1) All users required to obtain a wastewater discharge permit must submit a permit application. The
director may require all users to submit as part of an application the following information:
a. All information required by section 46-293(b);
b. A description of activities, facilities, and plant processes on the premises, including a list of
raw materials and chemicals used or stored at the facility that are, or could accidentally or
intentionally be, discharged to the POTW;
c. The number and type of employees, hours of operation, and proposed or actual hours of
operation;
d. Each product produced by type, amount process or processes, and rate of production;
e. The type and amount of raw materials processed (average and maximum per day);
f. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor
drains, and appurtenances by size, location, and elevation, and all points or discharge;
g. Time and duration of discharges;
h. Any other information as may be deemed necessary by the director to evaluate the wastewater
discharge permit application.
(2) The permit application must be signed by authorized representative in accordance with section
46-304.
(3) Incomplete or inaccurate applications will not be processed and will be returned to the user for
revision.
(b) Permit decisions. The director will evaluate the data furnished by the user and may require additional
information. Within 30 days of receipt of a complete wastewater discharge permit application, the
director will determine whether or not to issue a wastewater discharge permit subject to the terms and
conditions provided herein. The director may deny any application for a wastewater discharge permit.
(Code 1961, § 33.04.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-237--46-265. Reserved.
DIVISION 5. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
Sec. 46-266. Permit duration.
A wastewater discharge permit shall be issued for a specified time period, not to exceed five years
from the effective date of the permit. A wastewater discharge permit maybe issued for a period less than
five years, at the discretion of the director. Each wastewater discharge permit will indicate a specific date
upon which it will expire.
(Code 1961, § 33.05.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-267. Permit contents.
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary
by the director to prevent pass through or interference, protect the quality of the water body receiving the
treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and
protect against damage to the POTW.
(1) Wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed
not more than five years;
(b) A statement that the wastewater discharge permit is nontransferable without prior notification to
the city in accordance with section 46-270, and provisions for furnishing the new owner or operator
with a copy of the existing wastewater discharge permit;
(c) Effluent limits, including Best Management Practices, based on applicable pretreatment standards;
(d) Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These
requirements shall include an identification of pollutants (or best management practice) to be
monitored, sampling location, sampling frequency, and sample type based on federal and local law;
and
(e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and
requirements, and any applicable compliance schedule. Such schedule may not extend the time for
compliance beyond that required by applicable federal or local law.
(f) Requirements to control Slug Discharge, if determined by the Director to be necessary.
(2) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements
for flow regulation and equalization;
(b) Limits on the instantaneous, daily, and monthly average and/or maximum concentration, mass, or
other measure of identified wastewater pollutants or properties;
(c) Requirements for the installation of pretreatment technology, pollution control, or construction of
appropriate containment devices, designated to reduce, eliminate, or prevent the introduction of
pollutants into the treatment works;
(d) Requirements for the development and implementation of spill control plans or other special
conditions including management practices necessary to adequately prevent accidental,
unanticipated, or non-routine discharges;
(e) Development and implementation of waste minimization plans to reduce the amount of pollutants
discharged to the POTW;
(f) The unit charge or schedule of user charges and fees for the management of the wastewater
discharged to the POTW;
(g) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(h) A statement of compliance that the wastewater discharge permit does not relieve the permittee of
responsibility for compliance with all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge permit;
(i) Other conditions as deemed appropriate by the director to ensure compliance with this article, and
state and federal laws, rules, and regulations.
(Code 1961, § 33.05.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-268. Permit public notification and appeals.
(a) Public notification. Once a permit decision has been made and drafted, the director will provide notice
of intent to issue a pretreatment permit by including it on a city council agenda. A permit will not be
issued until after the meeting is held. The notice will indicate a location where the draft permit may be
reviewed and an address where comments may be submitted.
(b) Appeals. The director will provide all interested persons with notice of final permit decisions. Upon
notice by the director, any citizen, including the user, may appeal that decision to city council.
(1) The appeal must be filed within ten days of the permit decision of the director. Failure to submit a
timely petition for review shall be deemed to be a waiver of the appeal.
(2) In its notice of appeal to the council, the appealing party must indicate the permit provisions and
findings objected to, the reasons for the objections, and the permit action that the appealing party
deems appropriate.
(3) The effectiveness of the permit shall not be stayed pending reconsideration by council. If, after
considering the petition and any arguments put forth by the director, the council determines that
reconsideration is proper, it shall remand the permit back to the director for reissuance. Those
permit provisions being reconsidered by the director shall be stayed pending reissuance.
(4) If the city council fails to act within 60 days, a request for reconsideration shall be deemed to be
denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit shall be considered final
administrative action for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit
decision must do so by filing a complaint with the state district court in the county within 30 days.
(Code 1961, § 33.05.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-269. Permit modifications.
The director may modify a wastewater discharge permit for good cause, including, but not limited
to, the following reasons:
(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume
or character since the time of wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the
authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel,
or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit
application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8) To correct typographical or other errors in the wastewater discharge permit;
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator; or
(10) Upon request of the permittee, provided such request does not create a violation of any applicable
requirements, standards, laws, or rules and regulations. The filing of a request by the permittee for a
permit modification, revocation and reissuance, or termination, or notification of planned changes or
anticipated noncompliance, does not stay any permit condition.
(Code 1961, § 33.05.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-270. Permit transfer.
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee
gives at least 30 days' advance notice to the director and the director approves the wastewater discharge
permit transfer. The notice to the director must include a written certification by the new owner or operator
which:
(1) States that the new owner and/or operator have no immediate intent to change the facility's
operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date
of facility transfer.
(Code 1961, § 33.05.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-271. Permit revocation.
In addition to any other enforcement action provided for by this division, the director may revoke
or deny reissuance of any permit issued under this division for one or more of the following reasons:
(1) Failure to notify the director of significant changes to the wastewater prior to the changed
discharge;
(2) Failure to provide prior notification to the director of changed conditions pursuant to section 46-
296;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit
application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the director timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge
permit or this article.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business
ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new
wastewater discharge permit to that user.
(Code 1961, § 33.05.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-272. Reissuance.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit
reissuance by submitting a complete permit application, in accordance with section 46-236, a minimum of
180 days prior to the expiration of the user's existing wastewater discharge permit.
(Code 1961, § 33.05.07; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-273--46-292. Reserved.
DIVISION 6. COMPLIANCE REPORTING
Sec. 46-293. Baseline monitoring reports.
(a) Monitoring information required. Within either 180 days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category determination under 40 CFR
403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge
to the POTW shall submit to the director a report which contains the information listed in subsection (b) of
this section. At least 90 days prior to commencement of their discharge, new sources, and sources that
become categorical users subsequent to the promulgation of an applicable categorical standard shall submit
to the director a report which contains the information listed in subsection (b) of this section. A new source
shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new
source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b) Additional information. Users described above shall submit the following information:
(1) Identifying information. The name and address of the facility, including the name of the operator
and owner.
(2) Environmental permits. A list of any environmental control permits held by or for the facility.
(3) Description of operations. A brief description of the nature, average rate of production, and
standard industrial classification of the operation carried out by such user. The description should
include a schematic process diagram which indicates points of discharge to the POTW from the
regulated processes.
(4) Flow measurement. Information showing the measured average daily and maximum daily flow,
in gallons per day, to the POTW from regulated process streams and other streams, as necessary,
to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(5) Measurement of pollutants.
a. The categorical pretreatment standards applicable to each regulated process.
b. The results of sampling and analysis identifying the nature and concentration, and/or mass,
where required by the standard or by the director, of regulated pollutants in the discharge from
each regulated process. Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required, shall be reported. The sample shall be representative of daily
operations and shall be analyzed in accordance with procedures set out in section 46-300.
Where the Standard requires compliance with a BMP or pollution prevention alternative, the
User shall submit documentation as required by the director or the applicable Standards to
determine compliance with the Standard.
c. Sampling must be performed in accordance with procedures set out in section 46-301.
(6) Certification. A statement, reviewed by the user's authorized representative and certified by a
qualified professional, indicating whether pretreatment standards are being met on a constant basis
and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
(7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the
pretreatment standards, the shortest schedule by which the user will provide such additional
pretreatment and/or O&M. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. The following conditions
shall apply to this compliance schedule:
a. The schedule shall contain progress increments in the form of dates for the commencement and
completion of major events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards (such events include, but
are not limited to, hiring an engineer, completing preliminary and final plans, executing
contracts for major components, commencing and completing construction, and beginning and
conducting routine operation);
b. No increment referred to in subsection (b)(7) of this section shall exceed nine months;
c. The user shall submit a progress report to the director no later than 14 days following each date
in the schedule and final date of compliance including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay, and, if appropriate, the steps
being taken by the user to return to the established schedule; and justified by 40 CFR 403.12(c);
d. In no event shall more than nine months elapse between such progress reports to the director.
(8) Signature and certification. All baseline monitoring reports must be signed and certified in
accordance with section 46-304.
(Code 1961, § 33.06.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-294. Reports on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable categorical pretreatment
standards, or in the case of a new source following commencement of the introduction of wastewater into
the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a
report containing the information described in section 46-293(b)(4)--(6). For users subject to equivalent
mass or concentration limits established in accordance with procedures in 40 CFR 403.6(c), this report shall
contain a reasonable measure of the user's long term production rate. For all other users subject to
categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of
production (or other measure of operation), this report shall include the user's actual production during the
appropriate sampling period. All compliance reports must be signed and certified in accordance with section
46-304.
(Code 1961, § 33.06.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-295. Periodic compliance reports.
(a) All significant industrial users, including non-categorical SIUs shall, at a frequency determined by the
director but in no case less than twice per year (in June and December), submit a report indicating the nature
and concentration of pollutants in the discharge which are limited by pretreatment standards and the
measured or estimated average and maximum daily flows for the reporting period. The Control Authority
may modify the months during which the above reports are to be submitted. In cases where the Pretreatment
Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative,
the User must submit documentation required by the Director or the Pretreatment Standard necessary to
determine the compliance status of the User. All periodic compliance reports must be signed and certified
in accordance with section 46-304.
(b) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and
flow measurement facilities shall be properly operated, kept clean, and maintained in good working order
at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds
for the user to claim that sample results are unrepresentative of its discharge.
(c) If a user, including non-categorical SIUS, subject to the reporting requirement in this section monitors
any regulated pollutant at the appropriate sampling location more frequently than required by the director,
using the procedures prescribed in section 46-301, the results of this monitoring shall be included in the
report.
(Code 1961, § 33.06.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-296. Reports on changed conditions.
Each user must notify the director of any planned significant changes to the user's operations or
system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
(1) The director may require the user to submit such information as may be deemed necessary to
evaluate the changed condition, including the submission of a wastewater discharge permit application
under section 46-236.
(2) The director may issue a wastewater discharge permit under division 5 of this article or modify an
existing wastewater discharge permit under section 46-269 in response to changed conditions or
anticipated changed conditions.
(3) For purposes of this requirement, significant changes include, but are not limited to, flow increases
of 20 percent or greater, and the discharge of any previously unreported pollutants.
(Code 1961, § 33.06.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-297. Reports of potential problems.
(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-
routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the director of the incident. This notification
shall include the location of the discharge, type of waste, concentration and volume, if known, and
corrective actions taken by the user.
(b) Within five days following such discharge, the user shall, unless waived by the director, submit a
detailed written report describing the cause of the discharge and the measures to be taken by the user to
prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage,
or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other
damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other
liability which may be imposed pursuant to this article.
(c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising
employees who to call in the event of a discharge described in subsection (a) of this section. Employers
shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency
notification procedure.
(d) Significant Industrial Users are required to notify the Director immediately of any changes at its facility
affecting the potential for a Slug Discharge.
(Code 1961, § 33.06.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-298. Reports from unpermitted users.
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to
the director as the director may require.
(Code 1961, § 33.06.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-299. Notice of violation/repeat sampling and reporting.
If sampling performed by a user indicates a violation:
(1) The user must notify the director within 24 hours of becoming aware of the violation.
(2) The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the
director within 30 days after becoming aware of the violation, unless the user already samples on a monthly
frequency, or if the director samples between the user's initial sampling and when the user receives the
results of this sampling.
(3) The actions described in subsections (1) and (2) of this section are not required for BOD5 and TSS
monitoring when the surcharge limit is exceeded.
(Code 1961, § 33.06.07; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-300. Analytical requirements.
All pollutant analysis, including sampling and sample preservation techniques, to be submitted as
part of a wastewater discharge permit application or report shall be performed in accordance with the
techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment
standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question,
sampling and analysis must be performed in accordance with procedures approved by the EPA.
(Code 1961, § 33.06.08; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-301. Sample collection.
(a) Except as indicated in subsection (b) of this section, the user must collect wastewater samples using
24-hour flow proportional composite collection sampling techniques, In the event flow proportional
sampling is infeasible, the director may authorize the use of time proportional sampling or a minimum
of four grab samples where the user demonstrates that this will provide a representative sample of the
effluent being discharged. unless time-proportional composite sampling or grab sampling is authorized by
the Director. Where time-proportional composite sampling or grab sampling is authorized by the City, the
samples must be representative of the discharge. Using protocols (including appropriate preservation)
specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-
hour period may be composited in the laboratory or in the field; for violate organics and oil and grease, the
samples may be composited in the laboratory. Composite samples for other parameters unaffected by the
compositing procedures as documents in approved EPA methodologies may be authorized by the City, as
appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic
compounds must be obtained using grab collection techniques.
(c)Samples shall be taken at monitoring points specified by the director, and such locations shall not be
changed without notification to, and the approval of, the director.
(c) For sampling required in support of baseline monitoring and 90-day compliance reports required in
Section 6.1 and 6.3 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH,
cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which
historical sampling data do not exist; for facilities for which historical sampling data are available, the
director may authorize a lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR
403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary
to assess and assure compliance by with applicable Pretreatment Standards and Requirements
(c)(d) Samples shall be taken at monitoring points specified by the director, and such locations shall not
be changed without notification to, and the approval of, the director.
(Code 1961, § 33.06.09; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-302. Timing.
Written reports will be deemed to have been submitted on the date postmarked. For reports which
are not mailed, postage prepaid, into a mail facility served by the United States Postal Service, the date of
receipt of the report shall govern.
(Code 1961, § 33.06.10; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-303. Recordkeeping.
(a) Users subject to the reporting requirements of this article shall retain, and make available for inspection
and copying, all records of information obtained pursuant to any monitoring activities required by this
article and any additional records of information obtained pursuant to monitoring activities undertaken by
the user independent of such requirements, and documentation associated with Best Management Practices
established under Sec 46-179 (c). Records shall include the date, exact place, method, and time of sampling,
and the name of the person taking the samples; the dates analysis were performed; who performed the
analysis; the analytical techniques or methods used; and the results of such analysis. The records shall
remain available for a period of at least three years. In addition, any records of activities evaluating the need
for an IU to develop a slug discharge plan must be maintained by the CA and made available to the AA
upon request.
(b) This period shall be automatically extended for the duration of any litigation concerning the user or
the city, or where the user has been specifically notified of a longer retention period by the director.
(Code 1961, § 33.06.11; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-304. Certification required.
All wastewater discharge permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to ensure that qualified personnel properly
gather and evaluate the information submitted. Based on my inquiry of the person who manage the system,
or those persons directly responsible for gathering the information, the information submitted is, to the best
of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and imprisonment for knowing
violations."
(Code 1961, § 33.06.12; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-305. Falsifying information.
Knowingly making any false statement and any report or other document required by this article or
knowingly rendering any monitoring device or method inaccurate is a crime and may result in the
imposition of criminal sanctions and/or civil penalties.
(Code 1961, § 33.06.13; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-306. Notification of the Discharge of Hazardous Waste.
a. Any User who commences the discharge of hazardous waste shall notify the POTW, the EPA
Regional Waste Management Division Director, and State hazardous waste authorities, in writing,
of any discharge into the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous
waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge
(continuous, batch, or other). If the User discharges more than one hundred (100) kilograms of
such waste per calendar month to the POTW, the notification also shall contain the following
information to the extent such information is known and readily available to the User: an
identification of the hazardous constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the wastestream discharged during that calendar month, and
an estimation of the mass of constituents in the wastestream expected to be discharged during the
following twelve (12) months. All notifications must take place no later than one hundred and
eighty (180) days after the discharge commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged. However, notifications of changed
conditions must be submitted under Section 6.5 of this ordinance. The notification requirement in
this Section does not apply to pollutants already reported by Users subject to categorical
Pretreatment Standards under the self-monitoring requirements of Sections 6.1, 6.3, and 6.4 of this
ordinance.
b. Dischargers are exempt from the requirements of paragraph A, above, during a calendar month in
which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes
are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more
than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity
of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time
notification. Subsequent months during which the User discharges more than such quantities of
any hazardous waste do not require additional notification.
c. In the case of any new regulations under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste, the
User must notify [the Superintendent], the EPA Regional Waste Management Waste Division
Director, and State hazardous waste authorities of the discharge of such substance within ninety
(90) days of the effective date of such regulations.
d. In the case of any notification made under this Section, the User shall certify that it has a program
in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
e. This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law.
Secs. 46-307--46-328. Reserved.
DIVISION 7. COMPLIANCE MONITORING
Sec. 46-329. Right of entry; inspection and sampling.
The director shall have the right to enter the premises of any user to determine whether the user is
complying with all requirements of this article and any wastewater discharge permit or order issued
hereunder. Users shall allow the director ready access to all parts of the premises for the purposes of
inspection, sampling, record examination and copying, and the performance of any additional duties.
Significant industrial users shall be inspected and sampled at least once per year.
(1) Where a user has security measures in force which require proper identification and clearance
before entry into its premises, the user shall make necessary arrangements with its security guards
so that, upon presentation of suitable identification, the director will be permitted to enter without
delay for the purposes of performing specific responsibilities.
(2) The director, the state or the EPA shall have the right to set up on the user's property, or require
installation of, such devices as are necessary to conduct sampling and/or metering of the user's
operations.
(3) The director may require the user to install, at its own expense, an approved manhole or sampling
point. Such manhole or sampling point shall be accessible and safe, and located such that the
samples may be taken immediately downstream from the pretreatment facilities if such exist, or
immediately downstream from the regulated process if no pretreatment exists, and shall be
constructed in accordance with plans approved by the director.
(4) The director may require the user to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times in a safe and proper operating
condition by the user at its own expense. All devices used to measure wastewater flow and quality
shall be calibrated at least annually to ensure accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the user at the written or verbal request of the director
and shall not be replaced. The costs of clearing such access shall be borne by the user.
(6) Unreasonable delays in allowing the director access to the user's premises shall be a violation of
this article.
(7) The director or duly authorized representative shall observe all safety rules applicable to the user's
facility during inspections and sampling events.
(Code 1961, § 33.07.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-330. Search warrants.
(a) If the director has been refused access to a building, structure, or property, or any part thereof, and is
able to demonstrate probable cause to believe that there may be a violation of this article, or that there
is a need to inspect and/or sample as part of a routine inspection and sampling program of the city
designed to verify compliance with this article or any permit or order issued hereunder, or to protect
the overall public health, safety, and welfare of the community, then the city attorney shall petition the
municipal court judge to issue a search and/or seizure warrant describing therein the specific location
subject to the warrant. The warrant shall specify what, if anything may be searched and/or seized on
the property described. Such warrant shall be served at reasonable hours by the director in the company
of a uniformed police officer of the city.
(b) In the event of an emergency affecting public health and safety, inspections shall be made without the
issuance of a warrant.
(Code 1961, § 33.07.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-331. Confidential information.
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permits, and monitoring programs and from the director's inspection
and sampling activities shall be available to the public without restriction, unless the user specifically
requests, and is able to demonstrate to the satisfaction of the director, that the release of such information
would divulge information, processes, or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time of submission of the information or data
by stamping the words "confidential business information" on each page containing such information.
When requested and demonstrated by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade secrets or secret processes shall not be
made available for inspection by the public, but shall be made available immediately upon request to
governmental agencies for uses related to the NPDES and state discharge and/or pretreatment program, and
in enforcement proceedings involving the user furnishing the report. Wastewater constituents and
characteristics and other effluent data, as defined by 40 CFR 2.302, will not be recognized as confidential
information and will be made available to the public without restriction.
(Code 1961, § 33.07.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-332. Publication of users in significant noncompliance.
The director shall publish annually, the largest daily newspaper published in the municipality where
the POTW is located in a newspaper of general circulation that provides meaningful notice within the
jurisdiction(s) served by the POTW, a list of the users which, during the previous 12 months, were in
significant noncompliance with applicable pretreatment standards and requirements. The term "significant
noncompliance" shall be applicable to all Significant Industrial Users (or any other Industrial User that
violates paragraphs (3), (4) or (8) of this Section) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more
of all measurements taken during a six-month period exceed (by any magnitude) the daily
maximum limit or the average limit a numeric Pretreatment Standard or Requirement, including
Instantaneous Limits as defined in Division 2 for the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all
of the measurements for each pollutant parameter taken during a six-month period equal or exceed
the product of the daily maximum limit or the average limit numeric Pretreatment Standard or
Requirement including Instantaneous Limits, as defined by Division 2, multiplied by the applicable
TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a Pretreatment Standard or Requirement as defined in Division 2 (Daily
Maximum, long-term average, Instantaneous Limit, or narrative standard) that the director determines
has caused, alone or in combination with other discharges, interference or pass through, including
endangering the health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to
the environment or has resulted in the director's exercise of its emergency authority to halt or prevent
such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained
in a local control mechanism or enforcement order for starting construction, completing construction,
or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, any required reports, including baseline
monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation, which may include a violation of Best Management Practices, which the director
determines will adversely affect the operation or implementation of the local pretreatment program.
(Code 1961, § 33.07.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-333--46-352. Reserved.
DIVISION 8. ADMINISTRATIVE ENFORCEMENT REMEDIES
Sec. 46-353. Notification of violation.
When the director finds that a user has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other pretreatment standards or
requirement, the director may serve upon that user a written notice of violation. Within 30 days of the
receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted by the user to the director. Submission of
this plan in no way relieves the user of liability for any violations occurring before or after receipt of the
notice of violation. Nothing in this section shall limit the authority of the director to take any action,
including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Code 1961, § 33.08.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-354. Consent orders.
The director may enter into consent orders, assurances of voluntary compliance, or other similar
documents establishing an agreement with any user responsible for noncompliance. Such documents will
include specific action to be taken by the user to correct the noncompliance within a time period specified
by the document. Such documents shall have the same force and effect as the administrative orders issued
pursuant to sections 46-356 and 46-357 and shall be judicially enforceable.
(Code 1961, § 33.08.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-355. Show cause hearing.
The director may order a user who has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement,
to appear before the director and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement
action, the reasons for such actions, and a request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served personally or by registered or certified
mail, return receipt requested, at least ten days prior to the hearing. Such notice may be served on any
authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for,
taking any other action against the user.
(Code 1961, § 33.08.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-356. Compliance orders.
When the director finds that a user has violated, or continues to violate, any provisions of this
article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, the director may issue an order to the user responsible for the discharge directing that the user
come into compliance within a specified time. If the user does not come into compliance within the time
provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related
appurtenances are installed and properly operated. Compliance orders also may contain other requirements
to address the noncompliance, including additional self-monitoring and management practices designed to
minimize the amount of pollutants discharged to the sewer. A compliance order may not exceed the deadline
for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve
the user of liability for any violation, including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Code 1961, § 33.08.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-357. Cease and desist orders.
(a) When the director finds that a user has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or
requirement, or that the user's past violations are likely to recur, the director may issue an order to
the user directing it to cease and desist all such violations, and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting operations and/or terminating the discharge.
(b) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other
action against the user.
(Code 1961, § 33.08.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-358. Emergency suspensions.
The director may immediately suspend a user's discharge, after informal notice to the user,
whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the health or welfare of persons. The director
may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to
interfere with the operation of the POTW, or which presents, or may present, an endangerment to the
environment.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its
contribution. In the event of a user's failure to immediately comply voluntarily with the suspension
order, the director may take such steps as deemed necessary, including immediate severance of the
sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or
endangerment to any individuals. The director may allow the user to recommence its discharge
when the user has demonstrated to the satisfaction of the director that the period of endangerment
has passed, unless the termination proceedings in section 46-359 are initiated against the user.
(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment
shall submit a detailed written statement, describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence, to the director prior to the date of any show cause
or termination hearing under section 46-355 or 46-359, respectively.
(3) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this division.
(Code 1961, § 33.08.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-359. Termination of discharge.
In addition to the provisions in section 46-271, any user who violates the following conditions is
subject to discharge termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
(4) Refusal of reasonable access to the user's premises for the purpose of inspection monitoring, or
sampling; or
(5) Violation of the pretreatment standards in section 46-177.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to
show cause under section 46-272 why the proposed action should not be taken. Exercise of this option by
the director shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Code 1961, § 33.08.07; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-360. Administrative Fines.
(a) When the Director finds that a User has violated, or continues to violate, any provision of this
ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the Director may fine such User in an amount not to
exceed $2,000 per violation per day. Such fines shall be assessed on a per-violation, per-day basis.
In the case of monthly or other long-term average discharge limits, fines shall be assessed for each
day during the period of violation.
(b) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty
of 10% of the unpaid balance. A lien against the User’s property shall be sought for unpaid
charges, fines, and penalties.
(c) Users desiring to dispute such fines must file a written request for the Director to reconsider the
fine along with full payment of the fine amount within 15 days of being notified of the fine.
Where a request has merit, the Director may convene a hearing on the matter within 30 days of
receiving the request from the user. In the event the User’s appeal is successful, the payment,
together with any interest accruing thereto, shall be returned to the User. The Director may add
the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(d) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other
action against the User.
Secs. 46-361--46-376. Reserved.
DIVISION 9. JUDICIAL ENFORCEMENT REMEDIES
Sec. 46-377. Consent decree.
When the director finds that a user has violated, or continues to violate, any provision of this article,
a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard of
requirement, the director and the industrial user may petition the state district court or county court at law
for a consent agreement for the actions required to attain compliance with the wastewater discharge permit,
order, or other requirement imposed by this article.
(Code 1961, § 33.09.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-378. Injunctive relief.
When the director finds that a user has violated a pretreatment standard or requirement, or continues
to violate the provisions of this article, a wastewater discharge permit or order issued hereunder, or any
other pretreatment standard or requirement, the director may petition the state district court or county court
at law through the city attorney for the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the wastewater discharge permit, order, or other
requirement imposed by this article on activities of the user. A petition for injunctive relief shall not be a
bar against, or a prerequisite for, taking any other action against a user.
(Code 1961, § 33.09.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-379. Civil penalties.
(a) A user who has violated, or continues to violate, any provision of this article, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable
to the city for a civil penalty of not less than $50.00 or more than $2,000.00 per violation per day. In
the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day
during the period of the violation.
(b) The director may recover reasonable attorneys' fees, court costs, and other expenses associated with
enforcement activities including sampling and monitoring expenses, and the cost of any actual
damages incurred by the city.
(c) In determining the amount of civil liability, the court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude
and duration of the violation, any economic benefit gained through the user's violation, corrective
actions by the user, the compliance history of the user, and any other factor as justice requires.
(d) Any user discharging a pollutant which results in the imposition of penalties by any user or regulatory
authority on the city shall be liable for said penalties and any other costs incurred thereby.
(e) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action
against a user.
(Code 1961, § 33.09.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-380. Criminal prosecution.
(a) A user commits an offense if the user willfully or negligently violates any provision of this article, a
wastewater discharge permit, or other order issued hereunder, or any other pretreatment standard or
requirement.
(b) A user commits an offense if the user willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage. This penalty shall be in addition to any
other cause of action for personal injury or property damage available under state law.
(c) A user commits an offense if the user knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation files, or required to be
maintained, pursuant to this article, wastewater discharge permit, or order issued hereunder, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required
under this article.
(d) Any offense under this article shall be punishable by a fine not to exceed $2,000.00.
(e) The city is entitled to pursue all other civil and criminal remedies to which it is entitled under the
authority of statutes or this Code against a user continuing prohibited discharges or violating any
other provision of this article.
(Code 1961, § 33.09.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-381. Remedies nonexclusive.
The remedies provided for in this article are not exclusive. The city reserves the right to take all, or
any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will
generally be in accordance with the city's enforcement response plan. The director may, however, take other
action against any user when the circumstances warrant. Further, the city is empowered to take more than
one enforcement action against any noncompliant user. These actions may be taken concurrently.
(Code 1961, § 33.09.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-382--46-405. Reserved.
DIVISION 10. SUPPLEMENTAL ENFORCEMENT ACTION
Sec. 46-406. Performance bonds.
The director may decline to issue or reissue a wastewater discharge permit to any user who has
failed to comply with any provision of this article, a previous wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond,
payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve
consistent compliance.
(Code 1961, § 33.10.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-407. Water supply severance.
Whenever a user has violated or continues to violate any provision of this article, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water
service to the user may be severed. Service will only recommence at the user's expense, after it has
satisfactorily demonstrated its ability to comply.
(Code 1961, § 33.10.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-408. Public nuisances.
A violation of any provision of this article, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall
be corrected or abated as directed by the director.
(Code 1961, § 33.10.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-409. Increased monitoring and reporting.
When a user has demonstrated a history of noncompliance, the director may increase surveillance
of that industry, including, but not limited to, additional self-monitoring and reporting.
(Code 1961, § 33.10.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-410--46-431. Reserved.
DIVISION 11. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Sec. 46-432. Act of God Defense.
(a) The Act of God Defense constitutes a statutory affirmative defense [Texas Water Code 7.251] in
an action brought in municipal or State court. If a user can establish that an event that would
otherwise be a violation of a pretreatment ordinance, or a permit issued under that ordinance, was
caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation
of the ordinance or permit.
(b) An industrial user who wishes to establish the Act of God affirmative defense shall demonstrate,
through relevant evidence that:
(1) An event that would otherwise be a violation of a pretreatment ordinance or a permit issued
under the ordinance occurred, and the sole cause of the event was an act of God, war, strike,
riot or other catastrophe; and
(2) The industrial user has submitted the following information to the POTW and the City within
24 hours of becoming aware of the event that would otherwise be a violation of a
pretreatment ordinance or a permit issued under the ordinance (if this information is provided
orally, a written submission must be provided within five days):
(a) a description of the event, and the nature and cause of the event;
(b) the time period of the event, including exact dates and times or, if still continuing, the
anticipated time the event is expected to continue; and
(c) steps being taken or planned to reduce, eliminate and prevent recurrence of the event.
(c) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the Act
of God affirmative defense shall have the burden of proving by a preponderance of the evidence
that an event that would otherwise be a violation of a pretreatment ordinance or a permit issued
under that ordinance, was caused solely by an act of God, war, strike, riot or other catastrophe.
(Code 1961, § 33.11.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Sec. 46-433. Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general and specific prohibitions in section 46-177 if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources,
would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user was in compliance with each limit
directly prior to, and during, the pass through or interference; or
(2) No local limit exists, but the discharge did not change substantially in nature or constituents from
the user's prior discharge when the city was regularly in compliance with its NPDES and/or state
permit, and in the case of interference, was in compliance with applicable sludge use or disposal
requirements.
(Code 1961, § 33.11.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Sec. 46-434. Bypass.
(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed
to them in this subsection, except where the context clearly indicates a different meaning:
Bypass means the intentional diversion of wastestreams from any portion of a user's treatment
facility.
Severe property damage means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
(b) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to
be violated, but only if it also is for essential maintenance to ensure efficient operation. These bypasses
are not subject to the provisions of subsections (c) and (d) of this section.
(c) If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least
ten days before the date of the bypass, if possible.
(d) A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable
pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five days of the time the user becomes aware of the bypass.
The written submission shall contain a description of the bypass and its cause; the duration of the
bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time
it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the bypass. The director may waive the written report on a case-by-case basis if the oral report has been
received within 24 hours.
(e) Bypass is prohibited, and the director may take an enforcement action against a user for a bypass,
unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes, or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise
of reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(3) The user submitted notices as required under subsection (c) of this section.
(f) The director may approve an anticipated bypass, after considering its adverse effects, if the director
determines that it will meet the three conditions listed in subsection (e) of this section.
(Code 1961, § 33.11.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Secs. 46-435--46-451. Reserved.
DIVISION 12. INDUSTRIAL SEWER RATES
Sec. 46-452. Sewer service rates.
When a user's wastewater discharge is acceptable for treatment by the city's POTW, the user shall
provide payment for sewer service which covers the costs of receiving, handling, and treating such
wastewater. Rates for service shall be as approved by council as shown in section 46-70.
(Code 1961, § 33.12.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Sec. 46-453. Metering.
In the event that any user discharging to the city's POTW is supplied partially or entirely by water
not supplied by the city, and the water so supplied is not completely measured by a city water meter, or a
meter acceptable to the director, then the total amount of water so used and supplied shall be otherwise
measured or determined by the director in order to determine the fair and reasonable charge to be made for
sewer service provided. The user may install and maintain a meter acceptable to the director for said
purpose. In the interest of equity, the director may require the discharger to provide an acceptable measuring
device at a location accessible for reading and checking to determine the quantity of waste being discharged.
(Code 1961, § 33.12.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Sec. 46-454. Rate review.
Sewer rates shall be reviewed periodically and shall be adjusted as necessary in accordance with
state and federal regulations for the determination of such rates.
(Code 1961, § 33.12.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Sec. 46-455. Billing of surcharges.
Surcharges shall be included as a separate item on the user's regular bill for water and sewer charges
and shall be paid monthly in accordance with existing practices. Surcharges shall be paid at the same time
the sewer charges of the user become due and payment for sewer services shall not be accepted without
payment also of sewer service. User's failing to pay all charges will be subject to enforcement actions as
found in divisions 8 and 9 of this article.
(Code 1961, § 33.12.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
1
ARTICLE III. INDUSTRIAL WASTEWATER STANDARDS*
__________
*State law references: Criteria and standards for the National Pollutant Discharge
Elimination System, 30 Tex. Admin. Code § 308.1 et seq.
__________
DIVISION 1. GENERALLY
Sec. 46-151. Purpose and policy.
(a) This article applies to all users, inside or outside of the city, who use the city's publicly
owned treatment works (POTW). The purpose of this article is to enable the city to comply with
the applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and
the General Pretreatment Regulations (40 CFR 403). The objectives of the article are:
(1) To prevent the introduction of pollutants into the POTW that will interfere with its operation;
(2) To prevent the introduction of pollutants into the POTW that will pass through the POTW,
inadequately treated, into receiving waters, or otherwise be incompatible with the POTW;
(3) To protect both POTW personnel who may be affected by wastewater and sludge in the
course of their employment and the general public;
(4) To promote reuse and recycling of industrial wastewater and sludge for the POTW;
(5) To provide for fees for the equitable distribution of the cost of operation, maintenance, and
improvement of the POTW; and
(6) To enable the city to comply with its Texas Pollutant Discharge Elimination System permit
conditions, sludge use and disposal requirements, and any other federal or state laws to which
the POTW is subject.
(b) This article authorizes the issuance of wastewater discharge permits; provides for
monitoring, compliance, and enforcement activities; establishes administrative review
procedures; requires user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
(Code 1961, § 33.01.01; Ord. No. 95-00, 3-21-1995; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-
23, § (Exh. A), 3-9-2010)
Sec. 46-152. Administration.
Except as otherwise provided herein, the director of public utilities works shall
administer, implement and enforce the provisions of this article. Any powers granted to or duties
imposed upon the director of public utilities works may be delegated by the director of public
utilities works to other city personnel.
(Code 1961, § 33.01.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-153. Abbreviations.
The following abbreviations, when used in this article, shall have the designated
meanings:
TABLE INSET:
BMP Best Management Practice
BOD Biochemical oxygen demand
2
CFR Code of Federal Regulations
FR Federal Register
Mg/l Milligrams per liter (1 mg/l = 1 ppm)
NPDES
permit
National Pollutant Discharge Elimination System permit issued pursuant to
section 402 of the Clean Water Act
O&M Operation and maintenance
POTW Publicly owned treatment works
SIU Significant industrial user
SWDA Solid Waste Disposal Act
TSS Total suspended solids
USC United States Code
(Code 1961, § 33.01.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-154. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
90-day compliance report means a report submitted by categorical industrial users within
90 days following the date for final compliance with the standards. This report must contain flow
measurement (or regulated process streams and other streams), measurement of pollutants,
and a certification as to whether the categorical standards are being met.
Act or the Act means the Federal Water Pollution Control Act, also known as the Clean
Water Act (CWA), as amended, 33 USC 1251 et seq.
Approval authority means the EPA regional director.
Authorized representative of the user means:
(1) If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a
principle business function, or any other person who performs similar policy or decision-making
functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities, employing
more than 250 person or having a gross annual sales or expenditures exceeding $25,000,000.00
(in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures, provided the manager is authorized to
make management decisions that govern the operation of the regulated facility including having
the explicit or implicit duty of making major capital investment recommendations, and initiate
and direct other comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are established or
actions taken to gather complete and accurate information for individual wastewater discharge
permit requirements; and where authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship, a general partner or proprietor,
respectively.
3
(3) If the user is a federal, state or local governmental facility, a director or highest official
appointed of designated to oversee the operation and performance of the activities of the
government facility, or their designee.
The individuals described in subsections (1) through (3) of this definition 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.
Average monthly discharge limitation means the highest allowable average of “daily
discharges” over a calendar month, calculated as the sum of all “daily discharges” measured
during a calendar month divided by the number of “daily discharges” measured during that
month.
Baseline monitoring report (BMR) means a report submitted by categorical industrial
users within 180 days after the effective date of an applicable categorical standard which
indicates the compliance status of the user with the categorical standard.
Best Management Practices or BMPs means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in Section 2.1 A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw materials storage.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five days at 20
degrees centigrade, usually expressed as a concentration (e.g., mg/l).
Blowdown means the discharge of water with high concentrations of accumulated solids
from boilers to prevent plugging of the boiler tubes and/or steam lines. In cooling towers,
blowdown is discharged to reduce the concentration of dissolved salts in the re-circulating
cooling water. Clean "make-up" water is added to dilute the dissolved solids in the system.
Blowdown also includes the discharge of condensate.
Bypass means the intentional diversion of waste streams from any portion of an
industrial user's pretreatment facility.
Categorical industrial user (CIU) means an industrial user subject to categorical
pretreatment standards.
Categorical pretreatment standard or categorical standard means any regulation
containing pollutant discharge limits promulgated by EPA in accordance with section 307(b) and
(c) of the Act (USC 1317) which apply to specific category of users and which appear in 40 CFR
405--471.
Chain of custody means a legal record (which may be a series of records) of each
person who had possession of an environmental sample, from the person who collected the
sample to the person who analyzed the sample in the laboratory and to the person who
witnessed the disposal of the sample.
City means City of Huntsville, Texas.
Combined wastestream formula (CFW) means a means of deriving alternative
categorical discharge limits in situations where process effluent is mixed with waste waters
other than those generated by the regulated process prior to treatment.
Composite sample means the sample resulting from the combination of individual
wastewater samples taken at selected intervals based on an increment of either flow or time.
Control authority (CA) means the City of Huntsville based on its EPA Submitted and
Approved Pretreatment Program in accordance with 40 CFR 403.3(t)(1) and the requirements of
40 CFR 403.11.
4
Conventional pollutant means a pollutant which has been designated as conventional
under section 304(a)(4) of the Act. These pollutants include: BOD, TSS, pH, fecal coliform, and
oil and grease.
Daily average limit means the arithmetic average of all test or measurement results
obtained during the reporting period.
Daily Discharge is the discharge of a pollutant measured during a calendar day or any
24-hour period that reasonably represents the calendar day for the purposes of sampling.
Daily Maximum Limit is the highest allowable “daily discharge”.
Director means the director of public utilities works for the city.
Discharge permit means a permit as described in section 46-267.
Domestic sewage means water-carried wastes normally discharging into the sanitary
sewers of dwellings (including apartment houses and hotels), office buildings, factories and
institutions, free from storm surface water and industrial wastes. The "normal" sewage for the
city, based on POTW design criteria, is established at average concentrations of BOD5 and
TSS at not more than 250 mg/l and 300 mg/l, respectfully.
Effluent means wastewater or other liquid (raw, untreated, partially or completely
treated) flowing from an industrial user to a reservoir, basin, treatment process or treatment
plant.
Environmental Protection Agency or EPA means the U.S. Environmental Protection
Agency or, where appropriate, the regional water management division director, or other duly
authorized official of the agency.
Existing source means any source of discharge, the construction or operation of which
commenced prior to the publication by EPA of proposed categorical pretreatment standards,
which will be applicable to such source if the standard is thereafter promulgated in accordance
with section 307 of the Act.
Flow proportional composite sample means a sampling method which combines discrete
aliquots of a sample collected over time, based on the flow of the wastestream being sampled
by one of two methods:
(1) Collection of a constant sample volume at time intervals based on stream flow (e.g., 200 ml
sample collected for every 5,000 gallons discharged);
(2) Collection of aliquots of varying volume, based on stream flow, at constant time intervals.
Garbage means solid wastes and residue from the preparation, cooking, and dispensing
of food, and from the handling, storage and sale of food products and produce.
Grab sample means a sample which is taken from a wastestream without regard to the
flow in the wastestream and over a period of time not to exceed 15 minutes.
Hazardous waste. For a waste to be considered a hazardous waste, it must first be
designated a solid waste. Virtually all forms of wastes are considered to be solid wastes
(including solids, liquids, semisolids, and contained gaseous materials) except those expressly
excluded under regulatory definition, e.g. industrial effluent which is mixed with sanitary wastes
in the sewer. For a solid waste to be considered hazardous it must meet one of two criteria:
(1) It has one of the following four characteristics: ignitibility, corrosivity, reactivity, or toxicity
(according to the toxicity characteristic leaching procedure (40 CFR 268 Appendix I), or
(2) It must be a listed hazardous waste in 40 CFR 261.31--261.33.
Indirect discharge or discharge means the introduction of pollutants into the POTW from
any nondomestic source regulated under section 307(b), (c) or (d) of the Act.
Industrial user (IU) or user means a source of indirect discharge.
Industrial waste means all water-carried solids, liquids and gaseous wastes resulting
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 as
distinct from normal domestic sewage.
5
Influent means wastewater or other liquid (raw, untreated, partially or completely treated)
flowing into a reservoir, basin, treatment process, or treatment plant.
Instantaneous Maximum Limit: The maximum concentration (or loading) of a pollutant
allowed to be discharge at any time, determined from the analysis of any discharge or
composite sample collected, independent of the industrial flow rate and the duration of the
sampling event
Interference means a discharge which, alone or in conjunction with a discharge from
other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge
processes, use or disposal; and therefore is a cause of a violation of the city's NPDES permit or
of the prevention of sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued there under, or more stringent state or local
regulations: section 405 of the Act; the Solid Waste Disposal Act (SWDA), including title II
commonly referred to as the Resource Conservation and Recovery Act (RCRA); any 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; or the Marine Protection,
Research and Sanctuaries Act.
Local limits means effluent discharge limits applicable to industrial users of the city's
system developed by the control authority in accordance with 40 CFR 403.5(c). In developing
local limits, the CA demonstrates that implementation of numeric limits plus implementation of
BMPs for specific sectors will result in the calculated Maximum Allowable Headworks Loading
(MAHL) being met. Where it is expected to take a significant amount of time for BMP-based
reductions to be realized, a “pre- BMP’’ loading from the sector may be used in the Maximum
Allowable Industrial Loading (MAIL) calculations. Initial estimates of loading reductions can be
verified through sampling of selected Users that have implemented the BMPs or evaluating
influent loadings for pollutants being addressed by BMPs to see if adjustments are needed for
the allowable headworks loadings, the numeric limits or BMPs for any affected sectors.
Maximum allowable discharge limit means:
(1) Instantaneous: The maximum concentration of a pollutant allowed to be discharged at any
time, determined from the analysis of a grab sample; and
(2) Daily: The average value of all grab samples taken during a given calendar day. If only one
grab sample has been taken, that grab sample becomes the daily maximum (as well as the
instantaneous maximum). If more than one grab sample is collected on a given day, the daily
maximum is the average of all the individual grab samples. A composite sample, by definition,
becomes the daily maximum for the calendar day in which it is collected.
Maximum Allowable Headworks Loading (MAHL). The estimated maximum loading of a
pollutant that can be received at a POTW’s headworks without causing pass through or
interference.
Maximum Allowable Industrial Loading (MAIL). The estimated maximum loading of a
pollutant that can be received at a POTW’s headworks from all permitted industrial users and
other controlled sources without causing pass through or interference. The MAIL is usually
calculated by applying a safety factor to the MAHL and discounting for uncontrolled sources,
hauled waste and growth allowance and is used in the calculations of local limits.
Medical waste means isolation wastes, infectious agents, human blood and blood
byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
6
Milligrams per liter (mg/l or ppm) means a weight to volume ratio; the milligrams per liter
value multiplied by the factor of 8.33 shall be equivalent to pound per million gallons of water.
Monthly Average Limit the highest allowable average of “daily discharges” over a
calendar month, calculated as the sum of all “daily discharges” measured during a calendar
month divided by the number of “daily discharges” measured during that month.
National categorical pretreatment standard, pretreatment standard or standard means
any regulation containing pollutant discharge limits promulgated by the EPA in accordance with
section 307(b) and (c) of the Act, which applies to industrial users. The term "national
categorical pretreatment standard" includes prohibitive discharge limits established pursuant to
section 403.5 of the Act.
New source means any:
(1) 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 is such
standards are thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility or installation is constructed at a site at which no other source
is located;
b. The building structure, facility or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating process 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.
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 subsection (1)b or (c) of this definition but otherwise alters, replaces, or
adds to existing process or production equipment.
(2) Construction of a new source has commenced if the owner or operator has:
a. Begun, or caused to begin as part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or removal of existing
buildings, structures, or facilities which is necessary for the placement, assembly, or installation
of new source facilities or equipment; or
b. Entered in 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
subsection.
Noncontact cooling water means water used for cooling which does not come into direct
contact with any raw material intermediate product, waste product, or finished product.
Pass through means a discharge that exits the POTW into a watercourse in quantities or
concentrations that, alone or in conjunction with a discharge from other sources, 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).
Periodic compliance report means a report submitted at least twice annually by each
significant industrial user regulated under the local pretreatment program that indicates the
nature and concentration of pollutants in the effluent which are limited by applicable
pretreatment standards. In addition, the periodic report must indicate a record of measured or
estimated average maximum daily flows for the reporting period.
7
Person means any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal entity; or
their legal representatives, agents, or assigns. The term "person" includes all federal, state, and
local government entities.
pH means a measure of the acidity or alkalinity of a solution, expressed in standard
units.
Pollutant means 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 discharged equipment, rock, sand, cellar dirt,
agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH,
temperature, TSS, turbidity, color, BOD, toxicity, odor).
Pollution means the manmade or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
Pretreatment means the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu
of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by
physical, chemical, or biological processes; by process changes; or by other means, except by
diluting the concentration of the pollutants unless allowed by an applicable pretreatment
standard.
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards or standards means prohibited discharge standards, categorical
pretreatment standards, and local limits.
Process wastewater means any water which, during manufacturing or processing,
comes into direct contact with or results from the production of or use of any raw material,
intermediate product, finished product, byproduct, or waste product.
Prohibited discharge standards or a prohibited discharge means absolute prohibitions
against the discharge of certain substances; these prohibitions appear in section 46-177.
Public sewer means a sewer controlled by the city.
Publicly owned treatment works or POTW means a treatment works as defined by
section 212 of the Act (33 USC 1292), that is owned by the city. The term "publicly owned
treatment works" or "POTW" includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also
includes sewers, pipes and other conveyances only if they convey wastewater to a POTW
treatment plant.
Regulated wastestream means an industrial process wastestream regulated by a
national categorical pretreatment standard.
Sanitary sewer means a sewer that conveys wastewater, and into which storm waters,
surface waters and ground waters or unpolluted industrial wastes are not intentionally passed.
Self-monitoring means sampling and analysis performed by the industrial user to ensure
compliance with the permit or other regulatory requirement.
Septic tank waste means any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
Sewage means human excrement and gray water (household showers, dishwashing
operations, etc.).
Sewer service charge means the charge made on all users of the public sewer whose
wastes do not exceed in strength the concentration values established in this article.
Significant industrial user means:
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
8
a. Discharges an average of 25,000 gpd or more of process wastewater to the POTW
(excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
b. Contributes a process wastestream which makes up five percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by the city on the basis that it has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement.
Upon finding that a user meeting the criteria in this definition has no reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment standard or
requirement, the city may at any time, on its own initiative or in a response to a petition received
from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user
should not be considered a significant industrial user.
Significant noncompliance means an industrial user is in significant noncompliance if its
violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66
percent or more of all measurements taken during a six-month period exceed (by any
magnitude) the daily maximum limit or the average limit a numeric Pretreatment Standard or
Requirement, including Instantaneous Limits as defined in Division 2 for the same pollutant
parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or
more of all of the measurements for each pollutant parameter taken during a six-month period
equal or exceed the product of the daily maximum limit or the average limit numeric Pretreatment
Standard or Requirement, including Instantaneous Limits as defined in Division 2 multiplied by
the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other
pollutants except pH);
(3) Any other violation of a effluent limit (daily maximum or longer term average) Pretreatment
Standard or Requirement as defined in Division 2 (Daily Maximum, long-term average,
instantaneous limit, or narrative standard) that the city that the director determines has caused,
alone or in combination with other discharges, interference or pass through (including
endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health,
welfare or to the environment or has resulted in the POTW's exercise of its emergency authority
under 40 CFR 408.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone
contained in an enforcement order for starting construction, completing construction, or attaining
final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline
monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on
compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation, or group of violations which may include a violation of Best
Management Practices which the city director determines will adversely affect the operation or
implementation of the local pretreatment program.
Sludge means the settleable solids intentionally separated from liquid waste streams
during treatment typically under quiescent conditions, and the unintentional accumulation of
solids in tanks and reservoirs associated with production and manufacturing processes.
Slug discharge control plan means a plan designed to prevent the uncontrolled
discharge of raw pollutants or materials (e.g., a dairy spill of milk may disrupt a small POTW and
would have to be reported even though milk is not a "pollutant") into the POTW. Every
significant industrial user is required to be evaluated, at least every two years within one year of
SIU designation, for the necessity of instituting such a control plan.
9
Slug load or slug means any discharge at a flow rate or concentration which could cause
a violation of the prohibited discharge standards in section 46-177 or any discharge of a non-
routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch
discharge. 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, which has a reasonable
potential to cause Interference or Pass through, or in any other way violate the POTW’s
regulations, Local Limits or Permit Conditions.
Standard industrial classification or SIC means a classification pursuant to the
Standard Industrial Classification Manual issued by the Executive Office of the President, Office
of Management and Budget, 1972.
Storm sewer means a sewer that carries storm waters and surface waters and drainage,
but excludes domestic sewage and industrial wastes.
Storm water means any flow occurring during or following any form of natural
precipitation, and resulting there from, including snowmelt.
Storm water runoff means that portion of the rainfall that is drained into the storm sewers
or conveyed by surface flow to manmade or natural drainage courses.
Surcharge means the charge in addition to the sewage service charge which is made on
those users whose wastes are greater in strength than the concentration values established as
representative of normal charges or are greater in flow.
Surcharge limit means a base limit for the BOD5 and TSS, which when exceeded will
result in a surcharge. Where surcharge limits are expressed in units of mass, the daily
discharge is the total mass discharged over the course of the day. Where surcharge limits are
expressed in terms of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements taken that day.
Total Suspended solids means the total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory
filtering.
Time proportional composite sample means a sampling method which combines
discrete sample aliquots of constant volume collected at constant time intervals (e.g., 200 ml
samples collected every half hour for a 24-hour period). This method provides representative
samples only where the sample stream flow is constant, or where the volume is manually
adjusted based on stream flow variation prior to being added to the composite sample
container.
Toxic pollutant means those pollutants, or combination of pollutants, including disease-
causing agents, which, after discharge and upon exposure, ingestion, inhalation, or assimilation
into any organism, either directly from the environment or indirectly by ingestion through the
food chain, will, on the basis of information available to the administrator to the EPA, cause,
death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions
(including malfunctions in reproduction) or physical deformations, in such organisms or their
offspring. Such pollutants which have been identified as toxic are listed at 40 CFR 122 Appendix
D.
User or industrial user means a source of indirect discharge.
Wastewater means liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater treatment plant or treatment plant means that portion of the POTW which is
designated to provide treatment of municipal sewage and industrial waste.
(Code 1961, § 33.01.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-155. Right to assess.
10
The city may adopt reasonable charges and fees for reimbursement of costs setting up
and operating the city's pretreatment program.
(Code 1961, § 33.13.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-156. Charges and fees.
Charges and fees which may be adopted by the city include:
(1) Fees for wastewater discharge permit applications including the cost of processing such
applications;
(2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection
and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
and
(4) Other fees as the director may deem necessary to carry out the requirements contained
herein.
These fees relate solely to the matters covered by this article and are separate from all other
fees, fines, and penalties chargeable by the city.
(Code 1961, § 33.13.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Secs. 46-157--46-176. Reserved.
DIVISION 2. GENERAL SEWER USE REQUIREMENTS
Sec. 46-177. Discharge to public sewers prohibited.
(a) General prohibitions. No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference. These general prohibitions
apply to all users of the POTW whether or not they are subject to categorical pretreatment
standards or any other national, state, or local pretreatment standards or requirements.
(b) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
centigrade using the test methods specified in 40 CFR 261.21;
(2) Pollutants which will cause corrosive structural damage to the POTW, but in no case
discharges with pH lower than 5.5 or greater than 10.5;
(3) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW
resulting in interference but in no case, solids greater than one-half inch in any dimension;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge
at a flow rate and/or concentration which will cause interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in interference,
but in no case heat in such quantities that the temperature at the POTW treatment plant
exceeds 40 degrees centigrade (104 degrees Fahrenheit);
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts
that will cause interference or pass through. Any discharge of such oil is limited to 100 mg/l;
(7) Any discharge of fats, oils, or greases of animal or vegetable origin in a concentration
greater than 100 mg/l;
(8) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in
a quantity that may cause acute worker health and safety problems;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which either singly or by
interaction with other wastes, are sufficient to create a public nuisance or a hazard to life,
prevent entry into sewers for maintenance or repair, or creates any other condition deleterious
11
to structures or treatment processes; or requires unusual facilities, attention or expense to
handle such materials;
(10) Wastewater which imparts color which cannot be removed by the treatment process, such
as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent, thereby violating the city's NPDES permit;
(11) Wastewater containing any radioactive wastes of isotopes except in compliance with
applicable state or federal regulations;
(12) Storm water, surface water, groundwater, artisan well water, roof runoff, subsurface
drainage, swimming pool drainage, condensate, de-ionized water, noncontact cooling water,
and unpolluted wastewater unless specifically authorized by the director;
(13) Sludges, screenings or other residues from the pretreatment of industrial wastes;
(14) Medical wastes, except as specifically authorized by the director in a wastewater
discharge permit;
(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may cause excessive
foaming in the POTW;
(17) Any wastewater that causes a hazard to human life or creates a public nuisance.
(c) Discharge of storage pollutants, etc. Storage pollutants, substances, or wastewater
prohibited by this article shall not be processed or stored in such a manner that they could be
discharged to the POTW.
(Code 1961, § 33.02.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010;
Ord. No. 2015-22, §1,5-19-2015)
Sec. 46-178. National categorical pretreatment standards.
The categorical pretreatment standards found at 40 CFR 405--471 are hereby
incorporated.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or
the concentration of a pollutant in wastewater, the director may impose equivalent concentration
or mass limits in accordance with 40 CFR 403.6(c).
(2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard, the director shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
(3) A user may obtain a variance from the director from a categorical pretreatment standard if
the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13,
that factors relating to its discharge are fundamentally different from the factors considered by
EPA when developing the categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40
CFR 403.15.
(Code 1961, § 33.02.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010)
Sec. 46-179. Local limits.
(a) The following pollutant limits are established to protect against pass through and
interference. No user shall discharge wastewater containing in excess of the following Daily
Maximum Limit:
TABLE INSET:
Arsenic 0.46 mg/l
Cadmium 0.06 mg/l
12
Chromium 4.73 mg/l
Cyanide 0.15 mg/l
Lead 0.10 mg/l
Molybdenum 0.03 mg/l
Nickel 1.74 mg/l
Selenium 0.03 mg/l
Silver 0.09 mg/l
Zinc 1.10 mg/l
(b) The limits established in subsection (a) of this section apply at the point where the
wastewater is discharged to the POTW. All concentrations for metallic substances are for "total"
metal unless indicated otherwise. The director may impose mass limitations in addition to, or in
place of, the concentration-based limitations above.
(c). The director may develop Best Management Practices (BMPs), by ordinance or in individual
wastewater discharge permits to implement Local Limits and the requirements of Sec 46-177, or
to be used where numeric limits are infeasible or impracticable. Such BMPs may be considered
local limits and Pretreatment Standards for the purposes of 40 CFR 403.5 (c)(1), (c)(2) and
(c)(4).
TBLLs for Copper and Mercury (mg/L)
Pollutants of
Concern
NB Davidson
WWTP
AJ Brown
WWTP
Robinson Creek
WWTP
Mercury 0.0236 0.0001 0.0001
1Compliance to be measured at the Minimum Analytical Level (MAL)
(Code 1961, § 33.02.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § (Exh. A), 3-9-2010;
Ord. No. 2018-24, § 1(Exh. A), 6-9-2018)
Sec. 46-180. City’s right of revision.
The city reserves the right to establish, by title or in wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW. In the event of the revision of
local limits, notice of proposed changes will be published in the largest daily newspaper in the
municipality in which the POTW is located, once they are approved by the TCEQ. In said notice,
procedures for response will be outlined.
(Code 1961, § 33.02.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-181. Special agreement.
The city reserves the right to enter into special agreements with industrial users setting
out special terms under which they may discharge to the POTW. In no case will a special
agreement waive compliance with a pretreatment standard or requirement. The industrial user
(IU) may, however, request a net gross adjustment to a categorical standard in accordance with
40 CFR 403.15. The IU may also request a variance from the categorical pretreatment
standards from EPA. Such a request will be approved only if the IU can prove that factors
relating to its discharge are fundamentally different from the factors considered by EPA when
13
establishing that pretreatment standard. An IU requesting a fundamentally different factor
variance must comply with the procedural and substantive provisions in 40 CFR 403.13.
(Code 1961, § 33.02.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-182. Dilution prohibited.
No user shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve compliance with
a discharge limitation unless expressly authorized by an applicable pretreatment standard or
requirement. The director may impose mass limitations on users who are using dilution to meet
applicable pretreatment standards or requirements, or in other cases when the imposition of
mass limitations is appropriate.
(Code 1961, § 33.02.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-183. Discharge of hauled wastes by truck, rail, or dedicated pipeline.
No user shall discharge wastes, including any liquid, solid or septic tank wastes which
are generated at residential, commercial or industrial facilities, to the sanitary sewer by means
other than a permanent sewer connection to the public sewer system and in accordance with
the provisions contained in Chapter 46. This includes wastes that are transported via truck, rail
or any other transportation means. Further, the discharge of hazardous wastes (as defined in
section 1004 of the Resource Conservation and Recovery Act) into a pipeline connected to the
public sewer, which is dedicated to only the discharge of hazardous waste, is prohibited.
(Code 1961, § 33.02.07; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010;
Ord. No. 2015-22, § 2, 5-19-2015)
Sec. 46-184. Direct discharges.
Unless authorized by the state natural resource conservation commission, no user shall
deposit or discharge any wastewater, industrial waste, or polluted liquid on public or private
property, into or adjacent to any natural outlet, natural watercourse, storm sewer, street, gutter,
drainage ditch, or other area within the jurisdiction of the city.
(Code 1961, § 33.02.08; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-185--46-206. Reserved.
DIVISION 3. PRETREATMENT OF WASTEWATER
Sec. 46-207. Pretreatment facilities.
(a) Users shall provide wastewater treatment as necessary to comply with this article and shall
achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions
set out in section 46-177 within the time limitations specified by EPA, the state, or director,
whichever is more stringent. Any facilities necessary for compliance shall be provided, operated,
and maintained at the user's expense. Detailed plans describing such facilities and operating
procedures shall be submitted to the director for review, and shall be acceptable to the director
before such facilities are constructed.
(b) The review of such plans and operating procedures shall in no way relieve the user from
the responsibility of modifying such facilities as necessary to produce a discharge acceptable to
the city under the provisions of this article.
(Code 1961, § 33.03.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-208. Additional pretreatment measures.
14
(a) Whenever deemed necessary, the director may require users to restrict their discharge
during peak flow periods, designate that certain wastewater be discharged only into specific
sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from
industrial wastestreams, and such other conditions as may be necessary to protect the POTW
and determine the user's compliance with the requirements of this article.
(b) The director may require any user discharging into the POTW to install and maintain, on
their property and at their expense, a suitable storage and flow-control facility to ensure
equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
(c) Grease, oil and sand interceptors shall be provided when, in the opinion of the director,
they are necessary for the proper handling of wastewater containing excessive amounts of
grease and oil, or sand; except that such interceptors shall not be required for residential users.
All interception units shall be of type and capacity approved by the director and shall be so
located to be easily accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
(d) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
(Code 1961, § 33.03.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-209. Accidental discharge/slug control plans.
At least once every two years Within one year of being designated as a SIU the director
shall evaluate whether each significant industrial user needs an accidental discharge/slug
control plan or other action to control slug discharges. The director may require any user to
develop, submit for approval, and implement such a plan or take such other action that may be
necessary. SIUs are required to notify the Director immediately of any changes at its facility
affecting potential for a Slug Discharge. Alternatively, the director may develop such a plan for
any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the director of any accidental or slug discharge, as
required by section 46-297;
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control of plant site runoff,
worker training, building of containment structures or equipment, measures for containing toxic
organic pollutants, including solvents, and/or measures and equipment for emergency
response.
(5) Cost and clean-up. Any related costs, including fines, fees or court costs, involved in the
cleaning up of a slug discharge shall be paid by the industrial user causing such discharge. This
shall include the costs of cleaning up the city's wastewater facilities, and the costs shall include
any labor, equipment, or materials involved. The cleaning up of the city's wastewater facilities
shall be completed by the city's operators or other contractors approved by the city.
(Code 1961, § 33.03.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-210. Tenant responsibility.
Where an owner of property leases to any other person as a tenant under any rental or
lease agreement, if either the owner or the tenant is an industrial user, either or both may be
held responsible for compliance with the provisions of this article.
(Code 1961, § 33.03.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
15
Sec. 46-211. Surcharges.
(a) A user exhibiting none of the characteristics of wastes prohibited in sections 46-177 or 46-
182 other than a BOD5 or TSS concentration in excess of normal domestic sewage shall be
required to pretreat the wastewater to meet the requirements of normal domestic sewage. Such
wastewater may, however be accepted for treatment if all the following requirements are met:
(1) The wastewater will not adversely impact the POTW.
(2) Upon authorization to discharge, the user pays a surcharge over and above the existing
sewer rates though a surcharge based on the following equation:
Surcharge = (Volume) x [BOD5 /250 + TSS/300] x (Surcharge Rate)
Where:
Surcharge = calculated in dollars
Volume = calculated in thousands of gallons/month
BOD5 = Result based on 24-hour composite sample or flow proportioned composite sample if
available. If analytical result is less than 250 mg/l, the value is zero.
TSS = Result based on 24-hour composite sample or flow proportioned composite sample if
available. If analytical result is less than 300 mg/l, the value is zero.
Surcharge rate = The city's cost of treating BOD5 and TSS based on the previous fiscal year as
determined in section 46-102.
The purpose of a surcharge is to recover the city's cost of treating excessive BOD5 and TSS
concentrations and to encourage users to reduce these loadings in their discharges. Once
established, a surcharge shall be in full force and effect for a minimum period of three months
unless otherwise specified by the director.
(b) The volume of wastes may be determined by the same methods used to calculate the
regular sewer service charge or as a percentage (85 percent) of user's water bill.
(c) Sampling locations shall be representative of users discharge prior to the service line
connection to the POTW in accordance with section 46-329.
(d) BOD5 and TSS concentrations shall be determined from actual samples collected and
analyzed in accordance with sections 46-300 and 46-301.
(e) At a minimum, the user shall sample and analyze their discharge quarterly for
determination of the BOD and TSS concentration discharged based on a 24-hour composite
sample. The user shall provide a copy of these results to the director in the months of March,
June, September and December. These results shall be used for the determination of the
surcharge for the period specified.
(f) The user may substitute the BOD and TSS results as determined by the city analysis for the
March and September submittal identified in subsection (d) of this section.
(Code 1961, § 33.03.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-212--46-230. Reserved.
DIVISION 4. WASTEWATER DISCHARGE PERMIT ELIGIBILITY
Sec. 46-231. Wastewater analysis.
When requested by the director, a user must submit information on the nature and
characteristics of its wastewater within 30 days of the request. The director is authorized to
prepare a form for this purpose and may periodically require users to update this information.
(Code 1961, § 33.04.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-232. Discharge permits required.
16
(a) No significant industrial user shall discharge wastewater into the POTW without first
obtaining a wastewater discharge permit from the director, except that a significant industrial
user that has filed a timely application pursuant to section 46-233 may continue to discharge for
the time period specified therein.
(b) The director may require other users to obtain wastewater discharge permits as necessary
to carry out the purposes of this article.
(c) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed
a violation of this article and subjects the wastewater discharge permittee to the sanctions set
out in divisions 3 and 9 of this article. Obtaining a wastewater discharge permit does not relieve
a permittee of its obligation to comply with all federal and state pretreatment standards or
requirements or with any other requirements of federal, state and local law.
(Code 1961, § 33.04.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-233. Existing connections.
Any user required to obtain a wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of the ordinance from which this article is
derived and who wishes to continue such discharges in the future, shall, within 180 days after
said date, apply to the director for a wastewater discharge permit in accordance with section 46-
233, and shall not cause or allow discharges to the POTW to continue after 180 days of the
effective date of the ordinance from which this article is derived except in accordance with a
wastewater discharge permit issued by the director.
(Code 1961, § 33.04.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-234. New connections.
Any user required to obtain a wastewater discharge permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the beginning or
recommencing of such discharge. An application for this wastewater discharge permit, in
accordance with section 46-236, must be filed at least 30 days prior to the date upon which any
discharge will begin or recommence.
(Code 1961, § 33.04.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-235. Extrajurisdictional users.
(a) Any significant industrial user located beyond the city limits shall submit a wastewater
discharge permit application in accordance with section 46-236, and obtain a wastewater
discharge permit before connecting to the POTW.
(b) The director may require other users located beyond the city limits to submit a wastewater
discharge permit application in accordance with section 46-236, and obtain a wastewater
discharge permit before connecting to the POTW.
(Code 1961, § 33.04.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-236. Permit applications.
(a) Information required.
(1) All users required to obtain a wastewater discharge permit must submit a permit
application. The director may require all users to submit as part of an application the following
information:
a. All information required by section 46-293(b);
b. A description of activities, facilities, and plant processes on the premises, including a list of
raw materials and chemicals used or stored at the facility that are, or could accidentally or
intentionally be, discharged to the POTW;
17
c. The number and type of employees, hours of operation, and proposed or actual hours of
operation;
d. Each product produced by type, amount process or processes, and rate of production;
e. The type and amount of raw materials processed (average and maximum per day);
f. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor
drains, and appurtenances by size, location, and elevation, and all points or discharge;
g. Time and duration of discharges;
h. Any other information as may be deemed necessary by the director to evaluate the
wastewater discharge permit application.
(2) The permit application must be signed by authorized representative in accordance with
section 46-304.
(3) Incomplete or inaccurate applications will not be processed and will be returned to the user
for revision.
(b) Permit decisions. The director will evaluate the data furnished by the user and may require
additional information. Within 30 days of receipt of a complete wastewater discharge permit
application, the director will determine whether or not to issue a wastewater discharge permit
subject to the terms and conditions provided herein. The director may deny any application for a
wastewater discharge permit.
(Code 1961, § 33.04.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-237--46-265. Reserved.
DIVISION 5. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
Sec. 46-266. Permit duration.
A wastewater discharge permit shall be issued for a specified time period, not to exceed
five years from the effective date of the permit. A wastewater discharge permit maybe issued for
a period less than five years, at the discretion of the director. Each wastewater discharge permit
will indicate a specific date upon which it will expire.
(Code 1961, § 33.05.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-267. Permit contents.
A wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the director to prevent pass through or interference, protect the quality of the
water body receiving the treatment plant's effluent, protect worker health and safety, facilitate
sludge management and disposal, and protect against damage to the POTW.
(1) Wastewater discharge permits must contain:
a. A statement that indicates wastewater discharge permit duration, which in no event shall
exceed not more than five years;
b. A statement that the wastewater discharge permit is nontransferable without prior
notification to the city in accordance with section 46-270, and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge permit;
c. Effluent limits, including Best Management Practices, based on applicable pretreatment
standards;
d. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These
requirements shall include an identification of pollutants (or best management practice) to be
monitored, sampling location, sampling frequency, and sample type based on federal and local
law; and
18
e. A statement of applicable civil and criminal penalties for violation of pretreatment standards
and requirements, and any applicable compliance schedule. Such schedule may not extend the
time for compliance beyond that required by applicable federal or local law.
f. Requirements to control Slug Discharge, if determined by the Director to be necessary.
(2) Wastewater discharge permits may contain, but need not be limited to, the following
conditions:
a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
b. Limits on the instantaneous, daily, and monthly average and/or maximum concentration,
mass, or other measure of identified wastewater pollutants or properties;
c. Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designated to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works;
d. Requirements for the development and implementation of spill control plans or other special
conditions including management practices necessary to adequately prevent accidental,
unanticipated, or non-routine discharges;
e. Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW;
f. The unit charge or schedule of user charges and fees for the management of the wastewater
discharged to the POTW;
g. Requirements for installation and maintenance of inspection and sampling facilities and
equipment;
h. A statement of compliance that the wastewater discharge permit does not relieve the
permittee of responsibility for compliance with all applicable federal and state pretreatment
standards, including those which become effective during the term of the wastewater discharge
permit;
i. Other conditions as deemed appropriate by the director to ensure compliance with this
article, and state and federal laws, rules, and regulations.
(Code 1961, § 33.05.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-268. Permit public notification and appeals.
(a) Public notification. Once a permit decision has been made and drafted, the director will
provide notice of intent to issue a pretreatment permit by including it on a city council agenda. A
permit will not be issued until after the meeting is held. The notice will indicate a location where
the draft permit may be reviewed and an address where comments may be submitted.
(b) Appeals. The director will provide all interested persons with notice of final permit
decisions. Upon notice by the director, any citizen, including the user, may appeal that decision
to city council.
(1) The appeal must be filed within ten days of the permit decision of the director. Failure to
submit a timely petition for review shall be deemed to be a waiver of the appeal.
(2) In its notice of appeal to the council, the appealing party must indicate the permit provisions
and findings objected to, the reasons for the objections, and the permit action that the appealing
party deems appropriate.
(3) The effectiveness of the permit shall not be stayed pending reconsideration by council. If,
after considering the petition and any arguments put forth by the director, the council determines
that reconsideration is proper, it shall remand the permit back to the director for reissuance.
Those permit provisions being reconsidered by the director shall be stayed pending reissuance.
(4) If the city council fails to act within 60 days, a request for reconsideration shall be deemed
to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a
wastewater discharge permit, or not to modify a wastewater discharge permit shall be
considered final administrative action for purposes of judicial review.
19
(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge
permit decision must do so by filing a complaint with the state district court in the county within
30 days.
(Code 1961, § 33.05.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-269. Permit modifications.
The director may modify a wastewater discharge permit for good cause, including, but
not limited to, the following reasons:
(1) To incorporate any new or revised federal, state, or local pretreatment standards or
requirements;
(2) To address significant alterations or additions to the user's operation, processes, or
wastewater volume or character since the time of wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the city's POTW, city
personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40
CFR 403.13;
(8) To correct typographical or other errors in the wastewater discharge permit;
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator; or
(10) Upon request of the permittee, provided such request does not create a violation of any
applicable requirements, standards, laws, or rules and regulations. The filing of a request by the
permittee for a permit modification, revocation and reissuance, or termination, or notification of
planned changes or anticipated noncompliance, does not stay any permit condition.
(Code 1961, § 33.05.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-270. Permit transfer.
Wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives at least 30 days' advance notice to the director and the director approves the
wastewater discharge permit transfer. The notice to the director must include a written
certification by the new owner or operator which:
(1) States that the new owner and/or operator have no immediate intent to change the facility's
operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing wastewater discharge
permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as
of the date of facility transfer.
(Code 1961, § 33.05.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-271. Permit revocation.
In addition to any other enforcement action provided for by this division, the director may
revoke or deny reissuance of any permit issued under this division for one or more of the
following reasons:
(1) Failure to notify the director of significant changes to the wastewater prior to the changed
discharge;
20
(2) Failure to provide prior notification to the director of changed conditions pursuant to section
46-296;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the director timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted
facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater
discharge permit or this article.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of
business ownership. All wastewater discharge permits issued to a particular user are void upon
the issuance of a new wastewater discharge permit to that user.
(Code 1961, § 33.05.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-272. Reissuance.
A user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit reissuance by submitting a complete permit application, in accordance with
section 46-236, a minimum of 180 days prior to the expiration of the user's existing wastewater
discharge permit.
(Code 1961, § 33.05.07; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-273--46-292. Reserved.
DIVISION 6. COMPLIANCE REPORTING
Sec. 46-293. Baseline monitoring reports.
(a) Monitoring information required. Within either 180 days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a category
determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently
discharging to or scheduled to discharge to the POTW shall submit to the director a report which
contains the information listed in subsection (b) of this section. At least 90 days prior to
commencement of their discharge, new sources, and sources that become categorical users
subsequent to the promulgation of an applicable categorical standard shall submit to the director
a report which contains the information listed in subsection (b) of this section. A new source
shall report the method of pretreatment it intends to use to meet applicable categorical
standards. A new source also shall give estimates of its anticipated flow and quantity of
pollutants to be discharged.
(b) Additional information. Users described above shall submit the following information:
(1) Identifying information. The name and address of the facility, including the name of the
operator and owner.
(2) Environmental permits. A list of any environmental control permits held by or for the
facility.
21
(3) Description of operations. A brief description of the nature, average rate of production, and
standard industrial classification of the operation carried out by such user. The description
should include a schematic process diagram which indicates points of discharge to the POTW
from the regulated processes.
(4) Flow measurement. Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process streams and other streams, as
necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(5) Measurement of pollutants.
a. The categorical pretreatment standards applicable to each regulated process.
b. The results of sampling and analysis identifying the nature and concentration, and/or mass,
where required by the standard or by the director, of regulated pollutants in the discharge from
each regulated process. Instantaneous, daily maximum, and long term average concentrations,
or mass, where required, shall be reported. The sample shall be representative of daily
operations and shall be analyzed in accordance with procedures set out in section 46-300.
Where the Standard requires compliance with a BMP or pollution prevention alternative, the
User shall submit documentation as required by the director or the applicable Standards to
determine compliance with the Standard.
c. Sampling must be performed in accordance with procedures set out in section 46-301.
(6) Certification. A statement, reviewed by the user's authorized representative and certified
by a qualified professional, indicating whether pretreatment standards are being met on a
constant basis and, if not, whether additional operation and maintenance (O&M) and/or
additional pretreatment is required to meet the pretreatment standards and requirements.
(7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the
pretreatment standards, the shortest schedule by which the user will provide such additional
pretreatment and/or O&M. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. The following conditions
shall apply to this compliance schedule:
a. The schedule shall contain progress increments in the form of dates for the commencement
and completion of major events leading to the construction and operation of additional
pretreatment required for the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary and final plans,
executing contracts for major components, commencing and completing construction, and
beginning and conducting routine operation);
b. No increment referred to in subsection (b)(7) of this section shall exceed nine months;
c. The user shall submit a progress report to the director no later than 14 days following each
date in the schedule and final date of compliance including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay, and, if appropriate, the steps
being taken by the user to return to the established schedule; and justified by 40 CFR 403.12(c);
d. In no event shall more than nine months elapse between such progress reports to the
director.
(8) Signature and certification. All baseline monitoring reports must be signed and certified in
accordance with section 46-304.
(Code 1961, § 33.06.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-294. Reports on compliance with categorical pretreatment standard
deadline.
Within 90 days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source following commencement of the
introduction of wastewater into the POTW, any user subject to such pretreatment standards and
requirements shall submit to the director a report containing the information described in section
22
46-293(b)(4)--(6). For users subject to equivalent mass or concentration limits established in
accordance with procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure
of the user's long term production rate. For all other users subject to categorical pretreatment
standards expressed in terms of allowable pollutant discharge per unit of production (or other
measure of operation), this report shall include the user's actual production during the
appropriate sampling period. All compliance reports must be signed and certified in accordance
with section 46-304.
(Code 1961, § 33.06.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-295. Periodic compliance reports.
(a) All significant industrial users, including non-categorical SIUs shall, at a frequency
determined by the director but in no case less than twice per year (in June and December),
submit a report indicating the nature and concentration of pollutants in the discharge which are
limited by pretreatment standards and the measured or estimated average and maximum daily
flows for the reporting period. The Control Authority may modify the months during which the
above reports are to be submitted. In cases where the Pretreatment Standard requires
compliance with a Best Management Practice (BMP) or pollution prevention alternative, the
User must submit documentation required by the Director or the Pretreatment Standard
necessary to determine the compliance status of the User. All periodic compliance reports must
be signed and certified in accordance with section 46-304.
(b) All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that sample results are
unrepresentative of its discharge.
(c) If a user, including non-categorical SIUS, subject to the reporting requirement in this section
monitors any regulated pollutant at the appropriate sampling location more frequently than
required by the director, using the procedures prescribed in section 46-301, the results of this
monitoring shall be included in the report.
(Code 1961, § 33.06.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-296. Reports on changed conditions.
Each user must notify the director of any planned significant changes to the user's
operations or system which might alter the nature, quality, or volume of its wastewater at least
30 days before the change.
(1) The director may require the user to submit such information as may be deemed necessary
to evaluate the changed condition, including the submission of a wastewater discharge permit
application under section 46-236.
(2) The director may issue a wastewater discharge permit under division 5 of this article or
modify an existing wastewater discharge permit under section 46-269 in response to changed
conditions or anticipated changed conditions.
(3) For purposes of this requirement, significant changes include, but are not limited to, flow
increases of 20 percent or greater, and the discharge of any previously unreported pollutants.
(Code 1961, § 33.06.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-297. Reports of potential problems.
(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges
of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may
cause potential problems for the POTW, the user shall immediately telephone and notify the
23
director of the incident. This notification shall include the location of the discharge, type of
waste, concentration and volume, if known, and corrective actions taken by the user.
(b) Within five days following such discharge, the user shall, unless waived by the director,
submit a detailed written report describing the cause of the discharge and the measures to be
taken by the user to prevent similar future occurrences. Such notification shall not relieve the
user of any expense, loss, damage, or other liability which may be incurred as a result of
damage to the POTW, natural resources, or any other damage to person or property; nor shall
such notification relieve the user of any fines, penalties, or other liability which may be imposed
pursuant to this article.
(c) A notice shall be permanently posted on the user's bulletin board or other prominent place
advising employees who to call in the event of a discharge described in subsection (a) of this
section. Employers shall ensure that all employees, who may cause such a discharge to occur,
are advised of the emergency notification procedure.
(d) Significant Industrial Users are required to notify the Director immediately of any changes at
its facility affecting the potential for a Slug Discharge.
(Code 1961, § 33.06.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-298. Reports from unpermitted users.
All users not required to obtain a wastewater discharge permit shall provide appropriate
reports to the director as the director may require.
(Code 1961, § 33.06.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-299. Notice of violation/repeat sampling and reporting.
If sampling performed by a user indicates a violation:
(1) The user must notify the director within 24 hours of becoming aware of the violation.
(2) The user shall repeat the sampling and analysis and submit the results of the repeat
analysis to the director within 30 days after becoming aware of the violation, unless the user
already samples on a monthly frequency, or if the director samples between the user's initial
sampling and when the user receives the results of this sampling.
(3) The actions described in subsections (1) and (2) of this section are not required for
BOD5 and TSS monitoring when the surcharge limit is exceeded.
(Code 1961, § 33.06.07; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-300. Analytical requirements.
All pollutant analysis, including sampling and sample preservation techniques, to be
submitted as part of a wastewater discharge permit application or report shall be performed in
accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or
analytical techniques for the pollutant in question, sampling and analysis must be performed in
accordance with procedures approved by the EPA.
(Code 1961, § 33.06.08; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-301. Sample collection.
(a) Except as indicated in subsection (b) of this section, the user must collect wastewater
samples using 24-hour flow proportional composite collection sampling techniques, In the event
flow proportional sampling is infeasible, the director may authorize the use of time proportional
sampling or a minimum of four grab samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged. unless time-proportional composite
sampling or grab sampling is authorized by the Director. Where time-proportional composite
sampling or grab sampling is authorized by the City, the samples must be representative of the
24
discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136
and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be
composited in the laboratory or in the field; for violate organics and oil and grease, the samples
may be composited in the laboratory. Composite samples for other parameters unaffected by
the compositing procedures as documents in approved EPA methodologies may be authorized
by the City, as appropriate. In addition, grab samples may be required to show compliance with
Instantaneous Limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
(c)Samples shall be taken at monitoring points specified by the director, and such locations
shall not be changed without notification to, and the approval of, the director.
(c) For sampling required in support of baseline monitoring and 90-day compliance reports
required in Section 6.1 and 6.3 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples
must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic
compounds for facilities for which historical sampling data do not exist; for facilities for which
historical sampling data are available, the director may authorize a lower minimum. For the
reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and 403.12(h)), the Industrial
User is required to collect the number of grab samples necessary to assess and assure
compliance by with applicable Pretreatment Standards and Requirements
(c)(d) Samples shall be taken at monitoring points specified by the director, and such locations
shall not be changed without notification to, and the approval of, the director.
(Code 1961, § 33.06.09; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-302. Timing.
Written reports will be deemed to have been submitted on the date postmarked. For
reports which are not mailed, postage prepaid, into a mail facility served by the United States
Postal Service, the date of receipt of the report shall govern.
(Code 1961, § 33.06.10; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-303. Recordkeeping.
(a) Users subject to the reporting requirements of this article shall retain, and make available
for inspection and copying, all records of information obtained pursuant to any monitoring
activities required by this article and any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements, and
documentation associated with Best Management Practices established under Sec 46-179 (c).
Records shall include the date, exact place, method, and time of sampling, and the name of the
person taking the samples; the dates analysis were performed; who performed the analysis; the
analytical techniques or methods used; and the results of such analysis. The records shall
remain available for a period of at least three years. In addition, any records of activities
evaluating the need for an IU to develop a slug discharge plan must be maintained by the CA
and made available to the AA upon request.
(b) This period shall be automatically extended for the duration of any litigation concerning the
user or the city, or where the user has been specifically notified of a longer retention period by
the director.
(Code 1961, § 33.06.11; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-304. Certification required.
All wastewater discharge permit applications and user reports must be signed by an
authorized representative of the user and contain the following certification statement:
25
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to ensure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
(Code 1961, § 33.06.12; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-305. Falsifying information.
Knowingly making any false statement and any report or other document required by this
article or knowingly rendering any monitoring device or method inaccurate is a crime and may
result in the imposition of criminal sanctions and/or civil penalties.
(Code 1961, § 33.06.13; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-306. Notification of the Discharge of Hazardous Waste.
A. Any User who commences the discharge of hazardous waste shall notify the POTW,
the EPA Regional Waste Management Division Director, and State hazardous waste authorities,
in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would
be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the
hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, or other). If the User discharges more than one hundred
(100) kilograms of such waste per calendar month to the POTW, the notification also shall
contain the following information to the extent such information is known and readily available to
the User: an identification of the hazardous constituents contained in the wastes, an estimation
of the mass and concentration of such constituents in the wastestream discharged during that
calendar month, and an estimation of the mass of constituents in the wastestream expected to
be discharged during the following twelve (12) months. All notifications must take place no later
than one hundred and eighty (180) days after the discharge commences. Any notification under
this paragraph need be submitted only once for each hazardous waste discharged. However,
notifications of changed conditions must be submitted under Section 6.5 of this ordinance. The
notification requirement in this Section does not apply to pollutants already reported by Users
subject to categorical Pretreatment Standards under the self-monitoring requirements of
Sections 6.1, 6.3, and 6.4 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A, above, during a
calendar month in which they discharge no more than fifteen (15) kilograms of hazardous
wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and
261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d)
and 261.33(e), requires a one-time notification. Subsequent months during which the User
discharges more than such quantities of any hazardous waste do not require additional
notification.
26
C. In the case of any new regulations under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste,
the User must notify [the Superintendent], the EPA Regional Waste Management Waste
Division Director, and State hazardous waste authorities of the discharge of such substance
within ninety (90) days of the effective date of such regulations.
D. In the case of any notification made under this Section, the User shall certify that it
has a program in place to reduce the volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
E. This provision does not create a right to discharge any substance not otherwise
permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable
Federal or State law.
Secs. 46-307--46-328. Reserved.
DIVISION 7. COMPLIANCE MONITORING
Sec. 46-329. Right of entry; inspection and sampling.
The director shall have the right to enter the premises of any user to determine whether
the user is complying with all requirements of this article and any wastewater discharge permit
or order issued hereunder. Users shall allow the director ready access to all parts of the
premises for the purposes of inspection, sampling, record examination and copying, and the
performance of any additional duties. Significant industrial users shall be inspected and
sampled at least once per year.
(1) Where a user has security measures in force which require proper identification and
clearance before entry into its premises, the user shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification, the director will be permitted
to enter without delay for the purposes of performing specific responsibilities.
(2) The director, the state or the EPA shall have the right to set up on the user's property, or
require installation of, such devices as are necessary to conduct sampling and/or metering of
the user's operations.
(3) The director may require the user to install, at its own expense, an approved manhole or
sampling point. Such manhole or sampling point shall be accessible and safe, and located such
that the samples may be taken immediately downstream from the pretreatment facilities if such
exist, or immediately downstream from the regulated process if no pretreatment exists, and shall
be constructed in accordance with plans approved by the director.
(4) The director may require the user to install monitoring equipment as necessary. The
facility's sampling and monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the user at its own expense. All devices used to measure
wastewater flow and quality shall be calibrated at least annually to ensure accuracy.
(5) Any temporary of permanent obstruction to safe and easy access to the facility to be
inspected and/or sampled shall be promptly removed by the user at the written or verbal request
of the director and shall not be replaced. The costs of clearing such access shall be borne by
the user.
27
(6) Unreasonable delays in allowing the director access to the user's premises shall be a
violation of this article.
(7) The director or duly authorized representative shall observe all safety rules applicable to
the user's facility during inspections and sampling events.
(Code 1961, § 33.07.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-330. Search warrants.
(a) If the director has been refused access to a building, structure, or property, or any part
thereof, and is able to demonstrate probable cause to believe that there may be a violation of
this article, or that there is a need to inspect and/or sample as part of a routine inspection and
sampling program of the city designed to verify compliance with this article or any permit or
order issued hereunder, or to protect the overall public health, safety, and welfare of the
community, then the city attorney shall petition the municipal court judge to issue a search
and/or seizure warrant describing therein the specific location subject to the warrant. The
warrant shall specify what, if anything may be searched and/or seized on the property
described. Such warrant shall be served at reasonable hours by the director in the company of a
uniformed police officer of the city.
(b) In the event of an emergency affecting public health and safety, inspections shall be made
without the issuance of a warrant.
(Code 1961, § 33.07.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-331. Confidential information.
Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs and from the
director's inspection and sampling activities shall be available to the public without restriction,
unless the user specifically requests, and is able to demonstrate to the satisfaction of the
director, that the release of such information would divulge information, processes, or methods
of production entitled to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information or data by stamping the
words "confidential business information" on each page containing such information. When
requested and demonstrated by the user furnishing a report that such information should be
held confidential, the portions of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall be made available immediately
upon request to governmental agencies for uses related to the NPDES and state discharge
and/or pretreatment program, and in enforcement proceedings involving the user furnishing the
report. Wastewater constituents and characteristics and other effluent data, as defined by 40
CFR 2.302, will not be recognized as confidential information and will be made available to the
public without restriction.
(Code 1961, § 33.07.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-332. Publication of users in significant noncompliance.
The director shall publish annually, the largest daily newspaper published in the
municipality where the POTW is located in a newspaper of general circulation that provides
meaningful notice within the jurisdiction(s) served by the POTW, a list of the users which, during
the previous 12 months, were in significant noncompliance with applicable pretreatment
standards and requirements. The term "significant noncompliance" shall be applicable to all
Significant Industrial Users (or any other Industrial User that violates paragraphs (3), (4) or (8) of
this Section) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66
percent or more of all measurements taken during a six-month period exceed (by any
28
magnitude) the daily maximum limit or the average limit a numeric Pretreatment Standard or
Requirement, including Instantaneous Limits as defined in Division 2 for the same pollutant
parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or
more of all of the measurements for each pollutant parameter taken during a six-month period
equal or exceed the product of the daily maximum limit or the average limit numeric Pretreatment
Standard or Requirement including Instantaneous Limits, as defined by Division 2, multiplied by
the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other
pollutants except pH);
(3) Any other violation of a Pretreatment Standard or Requirement as defined in Division 2
(Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that the director
determines has caused, alone or in combination with other discharges, interference or pass
through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to human health,
welfare or to the environment or has resulted in the director's exercise of its emergency
authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone
contained in a local control mechanism or enforcement order for starting construction,
completing construction, or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, any required reports, including
baseline monitoring reports, reports on compliance with categorical pretreatment standard
deadlines, periodic self-monitoring reports, and reports on compliance with compliance
schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation, which may include a violation of Best Management Practices, which the
director determines will adversely affect the operation or implementation of the local
pretreatment program.
(Code 1961, § 33.07.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-333--46-352. Reserved.
DIVISION 8. ADMINISTRATIVE ENFORCEMENT REMEDIES
Sec. 46-353. Notification of violation.
When the director finds that a user has violated, or continues to violate, any provision of
this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standards or requirement, the director may serve upon that user a written notice of violation.
Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the
satisfactory correction and prevention thereof, to include specific required actions, shall be
submitted by the user to the director. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of the notice of violation. Nothing in
this section shall limit the authority of the director to take any action, including emergency
actions or any other enforcement action, without first issuing a notice of violation.
(Code 1961, § 33.08.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-354. Consent orders.
The director may enter into consent orders, assurances of voluntary compliance, or
other similar documents establishing an agreement with any user responsible for
noncompliance. Such documents will include specific action to be taken by the user to correct
the noncompliance within a time period specified by the document. Such documents shall have
29
the same force and effect as the administrative orders issued pursuant to sections 46-356 and
46-357 and shall be judicially enforceable.
(Code 1961, § 33.08.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-355. Show cause hearing.
The director may order a user who has violated, or continues to violate, any provision of
this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, to appear before the director and show cause why the proposed
enforcement action should not be taken. Notice shall be served on the user specifying the time
and place for the meeting, the proposed enforcement action, the reasons for such actions, and
a request that the user show cause why the proposed enforcement action should not be taken.
The notice of the meeting shall be served personally or by registered or certified mail, return
receipt requested, at least ten days prior to the hearing. Such notice may be served on any
authorized representative of the user. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the user.
(Code 1961, § 33.08.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-356. Compliance orders.
When the director finds that a user has violated, or continues to violate, any provisions of
this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the director may issue an order to the user responsible for the
discharge directing that the user come into compliance within a specified time. If the user does
not come into compliance within the time provided, sewer service may be discontinued unless
adequate treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management practices designed to
minimize the amount of pollutants discharged to the sewer. A compliance order may not exceed
the deadline for compliance established for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other
action against the user.
(Code 1961, § 33.08.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-357. Cease and desist orders.
(a) When the director finds that a user has violated, or continues to violate, any provision of
this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past violations are likely to recur, the director may
issue an order to the user directing it to cease and desist all such violations, and directing the
user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address
a continuing or threatened violation, including halting operations and/or terminating the
discharge.
(b) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
(Code 1961, § 33.08.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-358. Emergency suspensions.
The director may immediately suspend a user's discharge, after informal notice to the
user, whenever such suspension is necessary to stop an actual or threatened discharge which
30
reasonably appears to present or cause an imminent or substantial endangerment to the health
or welfare of persons. The director may also immediately suspend a user's discharge, after
notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or
which presents, or may present, an endangerment to the environment.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its
contribution. In the event of a user's failure to immediately comply voluntarily with the
suspension order, the director may take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving
stream, or endangerment to any individuals. The director may allow the user to recommence its
discharge when the user has demonstrated to the satisfaction of the director that the period of
endangerment has passed, unless the termination proceedings in section 46-359 are initiated
against the user.
(2) A user that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence, to the director prior to
the date of any show cause or termination hearing under section 46-355 or 46-359, respectively.
(3) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this division.
(Code 1961, § 33.08.06; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-359. Termination of discharge.
In addition to the provisions in section 46-271, any user who violates the following
conditions is subject to discharge termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
(4) Refusal of reasonable access to the user's premises for the purpose of inspection
monitoring, or sampling; or
(5) Violation of the pretreatment standards in section 46-177.
Such user will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under section 46-272 why the proposed action should not be taken.
Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other
action against the user.
(Code 1961, § 33.08.07; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-360. Administrative Fines.
(A.) When the Director finds that a User has violated, or continues to violate, any provision of
this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any
other Pretreatment Standard or Requirement, the Director may fine such User in an amount not
to exceed $2,000 per violation per day. Such fines shall be assessed on a per-violation, per-
day basis. In the case of monthly or other long-term average discharge limits, fines shall be
assessed for each day during the period of violation.
(B.) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an
additional penalty of 10% of the unpaid balance. A lien against the User’s property shall be
sought for unpaid charges, fines, and penalties.
31
(C.) Users desiring to dispute such fines must file a written request for the Director to reconsider
the fine along with full payment of the fine amount within 15 days of being notified of the fine.
Where a request has merit, the Director may convene a hearing on the matter within 30 days of
receiving the request from the user. In the event the User’s appeal is successful, the payment,
together with any interest accruing thereto, shall be returned to the User. The Director may add
the costs of preparing administrative enforcement actions, such as notices and orders, to the
fine.
(D.) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking
any other action against the User.
Secs. 46-361--46-376. Reserved.
DIVISION 9. JUDICIAL ENFORCEMENT REMEDIES
Sec. 46-377. Consent decree.
When the director finds that a user has violated, or continues to violate, any provision of
this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard of requirement, the director and the industrial user may petition the state district court
or county court at law for a consent agreement for the actions required to attain compliance with
the wastewater discharge permit, order, or other requirement imposed by this article.
(Code 1961, § 33.09.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-378. Injunctive relief.
When the director finds that a user has violated a pretreatment standard or requirement,
or continues to violate the provisions of this article, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement, the director may petition
the state district court or county court at law through the city attorney for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order, or other requirement imposed by this
article on activities of the user. A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a user.
(Code 1961, § 33.09.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-379. Civil penalties.
(a) A user who has violated, or continues to violate, any provision of this article, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement
shall be liable to the city for a civil penalty of not less than $50.00 or more than $2,000.00 per
violation per day. In the case of a monthly or other long term average discharge limit, penalties
shall accrue for each day during the period of the violation.
(b) The director may recover reasonable attorneys' fees, court costs, and other expenses
associated with enforcement activities including sampling and monitoring expenses, and the
cost of any actual damages incurred by the city.
(c) In determining the amount of civil liability, the court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history of the user, and any other factor
as justice requires.
32
(d) Any user discharging a pollutant which results in the imposition of penalties by any user or
regulatory authority on the city shall be liable for said penalties and any other costs incurred
thereby.
(e) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any
other action against a user.
(Code 1961, § 33.09.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-380. Criminal prosecution.
(a) A user commits an offense if the user willfully or negligently violates any provision of this
article, a wastewater discharge permit, or other order issued hereunder, or any other
pretreatment standard or requirement.
(b) A user commits an offense if the user willfully or negligently introduces any substance into
the POTW which causes personal injury or property damage. This penalty shall be in addition to
any other cause of action for personal injury or property damage available under state law.
(c) A user commits an offense if the user knowingly makes any false statements,
representations, or certifications in any application, record, report, plan, or other documentation
files, or required to be maintained, pursuant to this article, wastewater discharge permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this article.
(d) Any offense under this article shall be punishable by a fine not to exceed $2,000.00.
(e) The city is entitled to pursue all other civil and criminal remedies to which it is entitled under
the authority of statutes or this Code against a user continuing prohibited discharges or violating
any other provision of this article.
(Code 1961, § 33.09.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-381. Remedies nonexclusive.
The remedies provided for in this article are not exclusive. The city reserves the right to
take all, or any combination of these actions against a noncompliant user. Enforcement of
pretreatment violations will generally be in accordance with the city's enforcement response
plan. The director may, however, take other action against any user when the circumstances
warrant. Further, the city is empowered to take more than one enforcement action against any
noncompliant user. These actions may be taken concurrently.
(Code 1961, § 33.09.05; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-382--46-405. Reserved.
DIVISION 10. SUPPLEMENTAL ENFORCEMENT ACTION
Sec. 46-406. Performance bonds.
The director may decline to issue or reissue a wastewater discharge permit to any user
who has failed to comply with any provision of this article, a previous wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value
determined by the director to be necessary to achieve consistent compliance.
(Code 1961, § 33.10.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-407. Water supply severance.
Whenever a user has violated or continues to violate any provision of this article, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or
33
requirement, water service to the user may be severed. Service will only recommence at the
user's expense, after it has satisfactorily demonstrated its ability to comply.
(Code 1961, § 33.10.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-408. Public nuisances.
A violation of any provision of this article, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement is hereby declared a public
nuisance and shall be corrected or abated as directed by the director.
(Code 1961, § 33.10.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Sec. 46-409. Increased monitoring and reporting.
When a user has demonstrated a history of noncompliance, the director may increase
surveillance of that industry, including, but not limited to, additional self-monitoring and
reporting.
(Code 1961, § 33.10.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § II (Exh. A), 3-9-2010)
Secs. 46-410--46-431. Reserved.
DIVISION 11. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Sec. 46-432. Act of God Defense.
(A) The Act of God Defense constitutes a statutory affirmative defense [Texas Water Code
7.251] in an action brought in municipal or State court. If a user can establish that an event that
would otherwise be a violation of a pretreatment ordinance, or a permit issued under that
ordinance, was caused solely by an act of God, war, strike, riot, or other catastrophe, the event
is not a violation of the ordinance or permit.
(B) An industrial user who wishes to establish the Act of God affirmative defense shall
demonstrate, through relevant evidence that:
(1) An event that would otherwise be a violation of a pretreatment ordinance or a permit issued
under the ordinance occurred, and the sole cause of the event was an act of God, war, strike,
riot or other catastrophe; and
(2) The industrial user has submitted the following information to the POTW and the City within
24 hours of becoming aware of the event that would otherwise be a violation of a pretreatment
ordinance or a permit issued under the ordinance (if this information is provided orally, a written
submission must be provided within five days):
(a) a description of the event, and the nature and cause of the event;
(b) the time period of the event, including exact dates and times or, if still continuing, the
anticipated time the event is expected to continue; and
(c) steps being taken or planned to reduce, eliminate and prevent recurrence of the event.
(C) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish
the Act of God affirmative defense shall have the burden of proving by a preponderance of the
evidence that an event that would otherwise be a violation of a pretreatment ordinance or a
permit issued under that ordinance, was caused solely by an act of God, war, strike, riot or other
catastrophe. (Code 1961, § 33.11.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh.
A), 3-9-2010)
Sec. 46-433. Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general and specific prohibitions in section 46-177 if it can prove that it
34
did not know, or have reason to know, that its discharge, alone or in conjunction with discharges
from other sources, would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user was in compliance with each
limit directly prior to, and during, the pass through or interference; or
(2) No local limit exists, but the discharge did not change substantially in nature or constituents
from the user's prior discharge when the city was regularly in compliance with its NPDES and/or
state permit, and in the case of interference, was in compliance with applicable sludge use or
disposal requirements.
(Code 1961, § 33.11.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Sec. 46-434. Bypass.
(a) The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Bypass means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
Severe property damage means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
(b) A user may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it also is for essential maintenance to ensure efficient
operation. These bypasses are not subject to the provisions of subsections (c) and (d) of this
section.
(c) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
director, at least ten days before the date of the bypass, if possible.
(d) A user shall submit oral notice to the director of an unanticipated bypass that exceeds
applicable pretreatment standards within 24 hours from the time it becomes aware of the
bypass. A written submission shall also be provided within five days of the time the user
becomes aware of the bypass. The written submission shall contain a description of the bypass
and its cause; the duration of the bypass, including exact dates and times, and, if the bypass
has not been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive
the written report on a case-by-case basis if the oral report has been received within 24 hours.
(e) Bypass is prohibited, and the director may take an enforcement action against a user for a
bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate backup equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive maintenance; and
(3) The user submitted notices as required under subsection (c) of this section.
(f) The director may approve an anticipated bypass, after considering its adverse effects, if the
director determines that it will meet the three conditions listed in subsection (e) of this section.
(Code 1961, § 33.11.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Secs. 46-435--46-451. Reserved.
35
DIVISION 12. INDUSTRIAL SEWER RATES
Sec. 46-452. Sewer service rates.
When a user's wastewater discharge is acceptable for treatment by the city's POTW, the
user shall provide payment for sewer service which covers the costs of receiving, handling, and
treating such wastewater. Rates for service shall be as approved by council as shown in section
46-70.
(Code 1961, § 33.12.01; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Sec. 46-453. Metering.
In the event that any user discharging to the city's POTW is supplied partially or entirely
by water not supplied by the city, and the water so supplied is not completely measured by a
city water meter, or a meter acceptable to the director, then the total amount of water so used
and supplied shall be otherwise measured or determined by the director in order to determine
the fair and reasonable charge to be made for sewer service provided. The user may install and
maintain a meter acceptable to the director for said purpose. In the interest of equity, the
director may require the discharger to provide an acceptable measuring device at a location
accessible for reading and checking to determine the quantity of waste being discharged.
(Code 1961, § 33.12.02; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Sec. 46-454. Rate review.
Sewer rates shall be reviewed periodically and shall be adjusted as necessary in
accordance with state and federal regulations for the determination of such rates.
(Code 1961, § 33.12.03; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Sec. 46-455. Billing of surcharges.
Surcharges shall be included as a separate item on the user's regular bill for water and
sewer charges and shall be paid monthly in accordance with existing practices. Surcharges
shall be paid at the same time the sewer charges of the user become due and payment for
sewer services shall not be accepted without payment also of sewer service. User's failing to
pay all charges will be subject to enforcement actions as found in divisions 8 and 9 of this
article.
(Code 1961, § 33.12.04; Ord. No. 95-09, 3-21-1995; Ord. No. 2010-23, § III (Exh. A), 3-9-2010)
Agenda Item #4a
Item/Subject: Consider approving nominee for City boards, committees, and commissions.
Initiating Department/Presenter: City Council
Presenter: Mayor Andy Brauninger
Recommended Motion: Mayor moves his nomination as presented.
Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens,
businesses and visitors by leveraging the human and fiscal resources available to the community.
Discussion:
Main Street Advisory Committee –
Weslie Gray
Previous Council Action: None.
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
6/2/20
Agenda Item: 4a
CITY COUNCIL AGENDA
Brenda Poe <bpoe@huntsvilletx.gov>
Online Form Submittal: Citizen Participation Request
2 messages
noreply@civicplus.com <noreply@civicplus.com>Mon, May 18, 2020 at 2:52 AM
To: CitySecretary@huntsvilletx.gov
Citizen Participation Request
Citizen Participation Request Form
Thank you for contacting the City of Huntsville to request an item be placed on an
upcoming regular City Council meeting agenda, under the Citizen Participation
section.
Please complete the fields below and contact the City Secretary's Office at 936-
291-5413, or via email if you have any questions or concerns.
If you prefer, requests may also be submitted in person in writing, in a couple ways:
By mail:
City Secretary
1212 Avenue M
Huntsville, Texas, 77340
By email: citysecretary@huntsvilletx.gov, or
By fax: 936-291-5409 (Attention: City Secretary's Office)
A citizen may provide an item for the agenda of a regular meeting (1st and 3rd
Tuesdays of each month) by submitting a Citizen Participation Request by noon on
the Tuesday prior to a regularly-scheduled City Council meeting.
First Name Travis
Last Name Thomas
Address1 213 Willowbend St
Address2 Field not completed.
City Huntsville
State TX
Zip 77320
Phone 19363551255
Email mobileministryservices@gmail.com
Please describe (in detail)
the item you are requesting
be on a City Council agenda:
Amendment to Vehicle For Hire ordinance that includes
Independant drivers. The amendment has many parts to it
including safety regulations and Uniformity and Impartiality
amongst uber/Lyft/taxis/chauffeurs and independants.