ORD 1995-09 - Industrial Waste (Chapter 17 and 18) 03-21-1995i
• ORDINANCE NO. 95 -09
AN ' ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING CHAPTER 17, WATER AND
SEWERS, BY ADOPTED A NEW ARTICLE III, ADDITIONAL FEES,
COSTS AND CHARGES RELATED TO THE DISCHARGE OF CERTAIN
INDUSTRIAL OR NONDOMESTIC WASTEWATER; CREATING
CHAPTER 18, INDUSTRIAL WASTEWATER STANDARDS, OF THE
CODE OF ORDINANCE PROHIBITING THE DISCHARGE OF CERTAIN
WASTES INTO THE CITY WASTEWATER TREATMENT SYSTEM;
ESTABLISHING FEES AND CHARGES FOR SUCH DISCHARGE;
PROVIDING A PENALTY OF UP TO $2,000.00 FOR EACH VIOLATION;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING
A SAVINGS CLAUSE; AND MAKING OTHER FINDINGS AND
PROVISIONS RELATED THERETO.
WHEREAS Federal law mandates local governments restrict and penalize the discharge of
certain nondomestic wastewater;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1: Chapter 17, Water and Sewers, of the Code of Ordinances of the City of
Huntsville, Texas, is amended by the adoption of a new Article III, to be called
"Additional Fees, Costs and Charges Related to the Discharge of Certain
Industrial or Nondomestic Wastewater ", which shall read as follows:
Section 17.30. Permit Fees for Industrial Wastewater Discharges.
Reserved.
Section 17.31. Sampling and Surveillance Fees for Industrial Wastewater Discharges.
Reserved.
Section 17.32. Surcharges for Industrial Wastewater Discharges.
Any person, user or industrial user who discharges waste subject to surcharge under
the provisions of Chapter 18, including Section 18.17, shall pay in addition to, over
and above the other rates established in this Chapter, a surcharge rate of $.41 per
1, 000 gallons wastewater discharged.
SECTION 2: Chapter 18, Industrial Wastewater Standards, of the Code of Ordinances of the
City of Huntsville, Texas, is hereby created (Attachment A).
SECTION 3: A person adjudged guilty of an offense as defined in this ordinance shall be
punished by a fine not to exceed two thousand ($2,000.00) dollars. Each day an
offense is committed shall constitute a separate offense.
SECTION 4: If any provision of this ordinance, or the application of same to any person or set
of circumstances, shall for any reason be held unconstitutional, void or invalid,
such invalidity shall not affect the validity of the remaining provisions of this
ordinance or their application to other persons or other sets of circumstances, and
to this end all provisions of this ordinance are declared to be severable.
SECTION 5: This ordinance shall take effect ten (10) days from and after its adoption by City
Council. The City Secretary is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official City newspaper at least
twice within ten (10) days after the passage of this ordinance.
SECTION 6: This ordinance shall take effect immediately upon its adoption by Council.
Passed and approved this 21st day of March, 1995.
THE CITY OF H ,U,NTS V LE
William B. Green, Mayor
A
Danna Welter, City Secretary
Scott Boih(js, City Attorney
Chapter 18. INDUSTRIAL WASTEWATER STANDARDS.
Table of Contents
Pacre
Article I General Provisions
18.01 Purpose and Policy ....... ..............................1
18.02 Administration ........... ..............................1
18.03 Abbreviations ............ ..............................2
18.04 Definitions .............. ..............................2
Article II General Sewer Use Requirements
18.05 Discharge to Public Sewers Prohibited .................13
18.06 National Categorical Pretreatment Standards ........... 15
18.07 Local Limits ............. .............................16
18.08 City's Right of Revision . .............................16
18.09 Special Agreement ........ .............................17
18.10 Dilution Prohibited ...... .............................17
18.11 Discharge of Hauled Wastes by Truck, Rail, or
Dedicated Pipeline ....... .............................17
18.12 Direct Discharges ........ .............................17
Article III Pretreatment of Wastewater
18.13 Pretreatment Facilities .. .............................18
18.14 Additional Pretreatment Measures ...................... 18
18.15 Accidental Discharge /Slug Control Plans ...............19
18.16 Tenant Responsibility .... .............................19
18.17 Surcharges ............... .............................19
Article IV Wastewater Discharge Permit Eligibility
18.18 Wastewater Analysis ...... .............................21
18.19 Discharge Permits Required ............................21
18.20 Existing Connections ..... .............................21
18.21 New Connections .......... .............................22
18.22 Extra - Jurisdictional Users ............................22
18.23 Permit Applications ...... .............................22
Article V Wastewater Discharge Permit Issuance Process
18.24
Permit
Duration .......... .............................23
18.25
Permit
Contents .......... .............................23
18.26
Permit
Public Notification and Appeals ................25
18.27
Permit
Modifications ..... .............................26
18.28
Permit
Transfer .......... .............................27
18.29
Permit
Revocation ........ .............................27
18.30
Reissuance ............... .............................28
i.
Pacre
Article VII Compliance Monitoring
18.44 Right of Entry: Inspection and Sampling ............ 34
18.45 Search Warrants ........ .............................35
18.46 Confidential Information ............................36
18.47 Publication of Users in Significant Noncompliance ... 36
Article VIII Administrative Enforcement Remedies
18.48 Notification of Violation ...........................37
18.49 Consent Orders ......... .............................38
18.50 Show Cause Hearing ..... .............................38
18.51 Compliance Orders ...... .............................38
18.52 Cease and Desist Orders .............................39
18.53 Emergency Suspensions .. .............................39
18.54 Termination of Discharge ............................40
Article IX Judicial Enforcement Remedies
18.55 Consent Decree ......... .............................40
18.56 Injunctive Relief ...... .............................40
18.57 Civil Penalties.. :''****'*''''*''''*''''**''********41
18.58 Criminal Prosecution ... .............................41
18.59 Remedies Nonexclusive .. .............................42
Article X Supplemental Enforcement Action
18.60 Performance Bonds ...... .............................42
18.61 Water Supply Severance . .............................43
18.62 Public Nuisances ....... .............................43
18.63 Increased Monitoring and Reporting ..................43
ii.
Article VI ComiDliance Relportinq
18.31
Baseline Monitoring Reports .........................28
18.32
Reports on Compliance with Categorical
Pretreatment Standard Deadline ......................
30
18.33
Periodic Compliance Reports .........................31
18.34
Reports of Changed Conditions .......................31
18.35
Reports of Potential Problems .......................
32
18.36
Reports from Unpermitted Users ......................32
18.37
Notice of Violation /Repeat Sampling and Reporting ...
32
18.38
Analytical Requirements .............................33
18.39
Sample Collection ...... .............................33
18.40
Timing ................. .............................33
18.41
Record Keeping ......... .............................33
18.42
Certification Required . .............................34
18.43
Falsifying Information . .............................34
Article VII Compliance Monitoring
18.44 Right of Entry: Inspection and Sampling ............ 34
18.45 Search Warrants ........ .............................35
18.46 Confidential Information ............................36
18.47 Publication of Users in Significant Noncompliance ... 36
Article VIII Administrative Enforcement Remedies
18.48 Notification of Violation ...........................37
18.49 Consent Orders ......... .............................38
18.50 Show Cause Hearing ..... .............................38
18.51 Compliance Orders ...... .............................38
18.52 Cease and Desist Orders .............................39
18.53 Emergency Suspensions .. .............................39
18.54 Termination of Discharge ............................40
Article IX Judicial Enforcement Remedies
18.55 Consent Decree ......... .............................40
18.56 Injunctive Relief ...... .............................40
18.57 Civil Penalties.. :''****'*''''*''''*''''**''********41
18.58 Criminal Prosecution ... .............................41
18.59 Remedies Nonexclusive .. .............................42
Article X Supplemental Enforcement Action
18.60 Performance Bonds ...... .............................42
18.61 Water Supply Severance . .............................43
18.62 Public Nuisances ....... .............................43
18.63 Increased Monitoring and Reporting ..................43
ii.
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Article XI Affirmative Defenses to Discharge Violations
18.64 Upset .................. .............................43
18.65 Prohibited Discharge Standards ...................... 44
18.66 Bypass ................. .............................45
Article XII Industrial Sewer Rates
18.67 Sewer Service Rates .... .............................46
18.68 Metering ............... .............................46
18.69 Rate Review ............ .............................46
18.70 Billing of Surcharges .. .............................47
Article XIII Miscellaneous Provisions
18.71 Right to Assess ........ .............................47
18.72 Charges and Fees ....... .............................47
iii.
Chapter 18. INDUSTRIAL WASTEWATER STANDARDS.
Article I. GENERAL PROVISIONS
Section 18.01. Purpose and Policy
This Chapter applies to all persons, inside or outside of the City,
who use the City's Publicly Owned Treatment Works (POTW) . The
purpose of this Chapter is to enable the City to comply with the
applicable State and Federal laws, including the Clean Water Act
(33 U.S.C. 1251 et.sea.) and the General Pretreatment Regulations
(40 CFR 403). The objectives of the Chapter are:
A. to prevent the introduction of pollutants into the POTW that
will interfere with its operation;
B. 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;
C. to protect both POTW personnel who may be affected by
wastewater and sludge in the course of their employment and
the general public;
D. to promote reuse and recycling of industrial wastewater and
sludge for the POTW;
E. to provide for fees for the equitable distribution of the
cost of operation, maintenance, and improvement of the
P.O.T.W.; and
F. to enable the City to comply with its National Pollutant
Discharge Elimination System permit conditions, sludge use
and disposal requirements, and any other Federal or State
laws to which the POTW is subject.
This Chapter 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.
Section 18.02 Administration
Except as otherwise provided herein, the Director shall administer,
implement and enforce the provisions of this Chapter. Any powers
granted to or duties imposed upon the Director may be delegated by
the Director to other City personnel.
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Section 18.03 Abbreviations
The following abbreviations, when used in this Chapter, shall have
the designated meanings:
• 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
• U.S.C.
- United States Code
Section 18.04 Definitions
Unless a provision explicitly states otherwise, the following terms
and phrases, as used in this Chapter, shall have the designated
meanings.
A. Act or "the Act. ": The Federal Water Pollution Control Act,
also known as the Clean Water Act (CWA) , as amended, 33 U.S. C.
1251, et seq.
B. Approval Authority: The EPA Regional Director.
C. Authorized Representative of the User:
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice -
president of the corporation in charge of a
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 two hundred fifty (250) persons or having a
gross annual sales or expenditures exceeding
twenty -five (25) million dollars (in second- quarter
1980 dollars) , if 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.
E
(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.
(4) The individuals described in paragraphs 1 through 3
above, may designate another authorized representative if
the authorization is in writing, the authorization
specifies the individual or position responsible for the
overall operation of the facility from which the
discharge originates or having overall responsibility for
environmental matters for the company, and the written
authorization is submitted to the City.
D. Baseline Monitoring Report or BMR: A report submitted by
categorical industrial users within one hundred eighty (180)
days after the effective date of an applicable categorical
standard which indicates the compliance status of the user
with the categorical standard.
E. Biochemical Oxygen Demand or BOD: The quantity of oxygen
utilized in the biochemical oxidation of organic matter under
standard laboratory procedures for five (5) days at 20°
centigrade, usually expressed as a concentration (e.g., mg /1) .
F. Blowdown: 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 recirculating cooling water. Clean "make -up" water is
added to dilute the dissolved solids in the system. Blowdown
also includes the discharge of condensate.
G. Bypass: The intentional diversion of waste streams from any
portion of an industrial user's pretreatment facility.
H. Categorical Pretreatment Standard or Categorical Standard: Any
regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307 (b) and (c) of the Act
(U.S.C. 1317) which apply to specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405 -471.
I. Categorical Industrial User or CIU: An industrial user subject
to categorical pretreatment standards.
J. Chain of Custody: 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.
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K. City: The City of Huntsville, Texas.
L. Combined Wastestream Formula or CWF: 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.
M. Composite Sample: The sample resulting from the combination of
individual wastewater samples taken at selected intervals
based on an increment of either flow or time.
N. Control Authority: 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.
0. Conventional Pollutant: 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 &
grease.
P. Daily Average Limit: The arithmetic average of all test or
measurement results obtained during the reporting period.
Q. Director: The Director of Public Works for the City.
R. Discharge Permit: A permit as described in Section 18.25 of
this article.
S. Domestic Sewage: 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 /1,
respectfully.
T. Effluent: Wastewater or other liquid - raw, untreated,
partially or completely treated - flowing from an IU to a
reservoir, basin, treatment process or treatment plant.
U. Environmental Protection Agency or EPA: The U.S. Environmental
Protection Agency or, where appropriate, the Regional Water
Management Division Director, or other duly authorized
official of the agency.
V. Existing Source: 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.
4
W. Flow Proportional Composite Sample: 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.
X. Garbage: Solid wastes and residue from the preparation,
cooking, and dispensing of food, and from the handling,
storage and sale of food products and produce.
Y. Grab Sample: A sample which is taken from a wastestream
without regard to the flow in the wastestream and over a
period of time not to exceed fifteen (15) minutes.
Z. 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, semi - solids, 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.
AA. Indirect Discharge or Discharge: The introduction of
pollutants into the POTW from any nondomestic source regulated
under Section 307(b), (c) or (d) of the Act.
BB. Industrial User (IU) or User: A source of indirect
discharge.
CC. Industrial Waste: 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.
DD. Influent: Wastewater or other liquid - raw (untreated),
partially or completely treated - flowing into a reservoir,
basin, treatment process, or treatment plant.
5
f
EE. Interference: A discharge which alone or in conjunction with
a discharge or discharges from other sources, inhibits or
disrupts the POTW, its treatment processes or operations or
its sludge processes, use or disposal; and therefore is a
cause of a violation of the 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 thereunder, 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.
FF. Local Limits: 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).
GG. Maximum Allowable Discharge Limit: 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.
HH. Medical Waste: 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.
II. Milligrams per Liter (mg /l or ppm): 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.
JJ. National Categorical Pretreatment Standard, Pretreatment
Standard or Standard: 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. This term includes prohibitive discharge
limits established pursuant to 403.5.
P
KK. New Source:
(1) Any building, structure, facility or installation from
which there is or may be a Discharge of pollutants, the
construction of which commenced after the publication of
proposed Pretreatment Standards under section 307(c)
ofthe 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
is constructed at a site at which
is located; or
(b) The building structure, facility
totally replaces the process
equipment that causes the dischar,,
at an existing source; or
or installation
no other source
or installation
or production
4e of pollutants
(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 paragraphs (w)(1)(b) or (w)(1)(c) of this
section but otherwise alters, replaces, or adds to
existing process or production equipment.
(3) Construction of a new source as defined under this
paragraph has commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous
onsite construction program:
(i) Any placement, assembly, or installation of
facilities or equipment; or
(ii) Significant site preparation work including
clearing, excavation, or removal of existing
buildings, structures, or facilities which is
7
1 i
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 paragraph.
LL. Ninety (90) -Day Compliance Report: 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.
MM. Noncontact Cooling Water: Water used for cooling which does
not come into direct contact with any raw material
intermediate product, waste product, or finished product.
NN. Pass Through: A Discharge that exits the POTW into a
watercourse in quantities or concentrations that, alone or in
conjunction with a discharge or discharges from other sources,
is a cause of a violation of any requirement of the POTW's
NPDES permit (including an increase in the magnitude or
duration of a violation).
00. Periodic Compliance Report: 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.
PP. Person: Any individual, partnership,
company, corporation, association, joint
estate, governmental entity, or any of
their legal representatives, agents,
definition includes all Federal, State,
entities.
copartnership, firm,
stock company, trust,
her legal entity; or
or assigns. This
and local government
QQ. iH: A measure of the acidity or alkalinity of a solution,
expressed in standard units.
A
RR. Pollutant: Any dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, medical
wastes, chemical wastes, industrial wastes, biological
materials, radioactive materials, heat, wrecked or 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] .
SS. Pollution: The man -made or man - induced alteration of the
chemical, physical, biological and radiological integrity of
water.
TT. Pretreatment: The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to, or in lieu of,
introducing 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.
UU. Pretreatment Requirements: Any substantive or procedural
requirement related to pretreatment imposed on a user, other
than a pretreatment standard.
W. Pretreatment Standards or Standards: Pretreatment standards
shall mean prohibited discharge standards, categorical
pretreatment standards, and local limits.
WW. Process Wastewater: 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.
XX. Prohibited Discharge Standards or Prohibited Discharges:
Absolute prohibitions against the discharge of certain
substances; these prohibitions appear in Sections 18.05 of
this chapter.
YY. Publicly Owned Treatment Works or (POTW) : A "treatment works"
as defined by section 212 of the Act (33 U.S.C. 1292), that is
owned by the City. This definition 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.
ZZ. Public Sewer: A sewer controlled by the City.
0
AAA. Regulated Wastestream: An industrial process wastestream
regulated by a national categorical pretreatment standard.
BBB. Sanitary Sewer: A sewer that conveys wastewater, and into
which storm, surface and ground waters or unpolluted
industrial wastes are not intentionally passed.
CCC. Self Monitoring: Sampling and analysis performed by the
industrial user to ensure compliance with the permit or other
regulatory requirement.
DDD. Septic Tank Waste: Any sewage from holding tanks such as
vessels, chemical toilets, campers, trailers, and septic
tanks.
EEE. Sewage: Human excrement and gray water (household showers,
dishwashing operations, etc.).
FFF. Sewer Service Charge: The charge made on all users of the
public sewer whose wastes do not exceed in strength the
concentration values established in this article.
GGG. Shall: Mandatory (may is permissive).
HHH. Significant Industrial User:
(1) A user subject to categorical pretreatment standards: or
(2) A user that:
(a) Discharges an average of twenty -five thousand
(25,000) gpd or more of process wastewater to the
POTW (excluding sanitary, noncontact cooling, and
boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up
five (5) percent or more of the average dry weather
hydraulic or organic capacity of the POTW treatment
plant; or
(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.
(3) Upon finding that a user meeting the criteria in
Subsection (2) has no reasonable potential for adversely
affecting the POTW's operation or for violating any
pretreatment standard or requirement, the City may at any
time, on its own initiative or in response to a petition
10
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.
III. Significant Noncompliance: An industrial user is in
significant noncompliance if its violation meets one or more
of the following criteria:
(a) Chronic violations of wastewater discharge limits,
defined here as those in which sixty -six percent or more
of all measurements taken during a six month period
exceed (by any magnitude) the daily maximum limit or the
average limit for the same pollutant parameter;
(b) Technical Review Criteria (TRC) violations, defined here
as those in which thirty -three 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 multiplied
by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil
and grease, and 1.2 for all other pollutants except pH.) ;
(c) Any other violation of a pretreatment effluent limit
(daily maximum or longer term average) that the City
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);
(d) 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 paragraph 40 CFR Part 408.8
(f)(1)(vi)(B) of this section to halt or prevent such a
discharge;
(e) 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;
(f) 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;
(g) Failure to accurately report noncompliance; or
(h) Any other violation or group of violations that the City
determines will adversely affect the operation or
implementation of the local pretreatment program.
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JJJ. Sludge: 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.
KKK. Slug Load or Slug: Any discharge at a flow rate or
concentration which could cause a violation of the prohibited
discharge standards in Section 18.05 of this Chapter or any
discharge of a nonroutine, episodic nature, including but not
limited to, an accidental spill or a noncustomary batch
discharge.
LLL. Slug Discharge Control Plan: 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, for the necessity of
instituting such a control plan.
MMM. State: State of Texas.
NNN. Standard Industrial Classification or SIC: A classification
pursuant to the Standard Industrial Classification Manual
issued by the Executive Office of the President, Office of
Management and Budget, 1972.
000. Storm Sewer: A sewer that carries storm and surface waters
and drainage, but excludes domestic sewage and industrial
wastes.
PPP. Storm Water: Any flow occurring during or following any form
of natural precipitation, and resulting therefrom, including
snowmelt.
QQQ. Storm Water Runoff: That portion of the rainfall that is
drained into the storm sewers or conveyed by surface flow to
man -made or natural drainage courses.
RRR. Surcharge: 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.
SSS. Surcharge Limit: 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,
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the daily discharge is the arithmetic average measurement of
the pollutant concentration derived from all measurements
taken that day.
TTT. Suspended Solids: The total suspended matter that floats on
the surface of, or is suspended in, water, wastewater, or
other liquid, and which is removable by laboratory filtering.
UUU. Time Proportional Composite Sample: 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.
VVV. Toxic Pollutant: 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.
WWW. User or Industrial User: A source of indirect discharge.
XXX. Wastewater: Liquid and water - carried industrial wastes and
sewage from residential dwellings, commercial buildings,
industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the
POTW.
YYY. Wastewater Treatment Plant or Treatment Plant: That portion of
the POTW which is designated to provide treatment of municipal
sewage and industrial waste.
Article II. GENERAL SEWER USE REQUIREMENTS
Section 18.05 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
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other National, State, or local pretreatment standards or
requirements.
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, nonbiodegradable 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) Any trucked or hauled pollutants;
(10) 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
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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;
(11) 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;
(12) Wastewater containing any radioactive wastes of isotopes
except in compliance with applicable State or Federal
regulations;
(13) Storm water, surface water, ground water, artisan well
water, roof runoff, subsurface drainage, swimming pool
drainage, condensate, deionized water, noncontact cooling
water, and unpolluted wastewater unless specifically
authorized by the Director;
(14) Sludges, screenings or other residues from the
pretreatment of industrial wastes;
(15) Medical wastes, except as specifically authorized by the
Director in a wastewater discharge permit;
(16) Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a
toxicity test;
(17) Detergents, surface - active agents, or other substances
which may cause excessive foaming in the POTW;
(18) Septic tank waste; or
(19) Any wastewater that causes a hazard to human life or
creates a public nuisance.
C. Storage pollutants, substances, or wastewater prohibited by
this section shall not be processed or stored in such a manner
that they could be discharged to the POTW.
Section 18.06 National Catectorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter I,
Subchapter N, Parts 405 -471 are hereby incorporated.
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A. 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) .
B. 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).
C. 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.
D. A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
Section 18.07 Local Limits
The following pollutant limits are established to protect against
pass through and interference. No person shall discharge
wastewater containing in excess of the following local limits:
Arsenic -
0.35
mg /l
Cadmium -
0.06
mg /l
Chromium -
2.08
mg /l
Copper -
0.98
mg /l
Cyanide -
0.09
mg /l
Lead -
0.15
mg /l
Mercury -
less
than 0.0002 mg /l
Molybdenum -
0.01
mg /l
Nickel -
1.39
mg /l
Selenium -
0.04
mg /l
Silver -
0.03
mg /l
Zinc -
0.89
mg /l
The above limits 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.
Section 18.08 City's Right of Revision
The City reserves the right to establish, by Chapter or in
wastewater discharge permits, more stringent standards or
requirements on discharges to the POTW.
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Section 18.09 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 may, however, request a net gross adjustment to a
categorical standard in accordance with 40 CFR 403.15. The IU 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.
Section 18.10 Dilution Prohibited
No person 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.
Section 18.11 Discharge of Hauled Wastes by Truck, Rail, or
Dedicated Pipeline
No person 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 this Chapter. 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.
Section 18.12 Direct Discharges
Unless authorized by the Texas Natural Resource Conservation
Commission, no person 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.
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Article III. PRETREATMENT OF WASTEWATER
Section 18.13 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply
with this Chapter and shall achieve compliance with all categorical
pretreatment standards, local limits, and the prohibitions set out
in Section 18.05 of this chapter 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.
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 chapter.
Section 18.14 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 chapter.
B. The Director may require any person discharging into the POTW
to install and maintain, on their property and at their
expense, a suitable storage and flow- control facility to
ensure equalization of flow. A wastewater discharge permit
may be issued solely for flow equalization.
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.
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Section 18.15 Accidental Discharge /Slug Control Plans
At least once every two (2) years, the Director shall evaluate
whether each significant industrial user needs an accidental
discharge /slug control plan. The Director may require any user to
develop, submit for approval, and implement such a plan.
Alternatively, the Director may develop such a plan for any user.
An accidental discharge /slug control plan shall address, at a
minimum, the following:
A. Description of discharge practices, including nonroutine
batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Director of any
accidental or slug discharge, as required by Section 18.35 of
this chapter;
D. 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.
Section 18.16 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 chapter.
Section 18.17 Surcharges
A. A User exhibiting none of the characteristics of wastes
prohibited in Sections 18.05 or 18.10 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:
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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 /1,
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 City of
Huntsville Code of Ordinances Chapter 17,
Article
III.
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 (3) 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 (eighty -five (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 18.44 of this chapter.
D. BOD5 and TSS concentrations shall be determined from actual
samples collected and analyzed in accordance with Sections
18.38 and 18.39.
E. At a minimum, the user shall sample and analyze their
discharge quarterly for determination of the BOD & TSS
concentration discharged based on a twenty -four (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.
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F. The user may substitute the BOD & TSS results as determined by
the City analysis for the March and September submittal
identified in item D. above.
Article IV. WASTEWATER DISCHARGE PERMIT ELIGIBILITY
Section 18.18 Wastewater Analysis
When requested by the Director, a user must submit information on
the nature and characteristics of its wastewater within thirty (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.
Section 18.19 Discharge Permits Reauired
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 18.20
of this chapter 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 Chapter.
C. Any violation of the terms and conditions of a wastewater
discharge permit shall be deemed a violation of this Chapter
and subjects the wastewater discharge permittee to the
sanctions set out in Articles VIII and IX of this Chapter.
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.
Section 18.20 Existing Connections
Any user required to obtain a wastewater discharge permit who was
discharging wastewater into the POTW prior to the effective date of
this Chapter and who wishes to continue such discharges in the
future, shall, within one hundred eighty (180) days after said
date, apply to the Director for a wastewater discharge permit in
accordance with Section 18.23 of this chapter, and shall not cause
or allow discharges to the POTW to continue after one hundred
eighty (180) days of the effective date of this chapter except in
accordance with a wastewater discharge permit issued by the
Director.
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Section 18.21 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 18.23 of this chapter, must be filed at
least thirty (30) days prior to the date upon which any discharge
will begin or recommence.
Section 18.22 Extra - Jurisdictional Users
A. Any significant industrial user located beyond the City limits
shall submit a wastewater discharge permit application in
accordance with Section 18.23, 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 18.23, and obtain a wastewater
discharge permit before connecting to the POTW.
Section 18.23 Permit Applications
A. Information Required - 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:
(1) All information required by Section 18.31(B) of this
chapter;
(2) 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;
(3) Number and type of employees, hours of operation, and
proposed or actual hours of operation;
(4) Each product produced by type, amount process or
processes, and rate of production;
(5) Type and amount of raw materials processed (average and
maximum per day);
(6) 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;
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(7) Time and duration of discharges;
(8) Any other information as may be deemed necessary by the
Director to evaluate the wastewater discharge permit
application; and
(9) Permit application must be signed by authorized
representative in accordance with Section 18.42 of this
chapter.
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 thirty (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.
Article V. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
Section 18.24 Permit Duration
A wastewater discharge permit shall be issued for a specified time
period, not to exceed five (5) years from the effective date of the
permit. A wastewater discharge permit maybe issued for a period
less than five (5) years, at the discretion of the Director. Each
wastewater discharge permit will indicate a specific date upon
which it will expire.
Section 18.25 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.
A. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit
duration, which in no event shall exceed not more than
five ( 5 ) years;
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(2) A statement that the wastewater discharge permit is
nontransferable without prior notification to the City in
accordance with Section 18.28 of this chapter, and
provisions for furnishing the new owner or operator with
a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable pretreatment
standards;
(4) Self monitoring, sampling, reporting, notification, and
record - keeping requirements. These requirements shall
include an identification of pollutants to be monitored,
sampling location, sampling frequency, and sample type
based on Federal and local law; and
(5) A statement of applicable civil and criminal penalties
for violation of pretreatment standards and requirements,
and any applicable compliance schedule. Such schedule
may not extend the time for compliance beyond that
required by applicable Federal or local law.
Wastewater discharge permits may contain, but need not be
limited to, the following conditions:
(1) Limits on the average and /or maximum rate of discharge,
time of discharge, and /or requirements for flow
regulation and equalization;
(2) Limits on the instantaneous, daily, and monthly average
and /or maximum concentration, mass, or other measure of
identified wastewater pollutants or properties.
(3) 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;
(4) Requirements for the development and implementation of
spill control plans or other special conditions including
management practices necessary to adequately prevent
accidental, unanticipated, or nonroutine discharges;
(5) Development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to
the POTW;
(6) The unit charge or schedule of user charges and fees for
the management of the wastewater discharged to the POTW;
(7) Requirements for installation and maintenance of
inspection and sampling facilities and equipment;
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(8) 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;
(9) Other conditions as deemed appropriate by the Director to
ensure compliance with this Chapter, and State and
Federal laws, rules, and regulations.
Section 18.26 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 (10) 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 a 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 Council fails to act within sixty (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.
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(5) Aggrieved parties seeking judicial review of the final
administrative wastewater discharge permit decision must
do so by filing a complaint with the Texas District Court
in Walker County within thirty (30) days.
Section 18.27 Permit Modifications
The Director may modify a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local
pretreatment standards or requirements;
B. To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since
the time of wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or
permanent reduction or elimination of the authorized
discharge;
D. Information indicating that the permitted discharge poses a
threat to the City's POTW, City personnel, or the receiving
waters;
E. Violation of any terms or conditions of the wastewater
discharge permit;
F. Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in any
required reporting;
G. Revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater
discharge permit;
I. To reflect a transfer of the facility ownership or operation
to a new owner or operator; or
J. 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.
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Section 18.28 Permit Transfer
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least thirty(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:
A. States that the new owner and /or operator has no immediate
intent to change the facility's operations and processes;
B. Identifies the specific date on which the transfer is to
occur; and
C. Acknowledges full responsibility for complying with the
existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility
transfer.
Section 18.29 Permit Revocation
In addition to any other enforcement action provided for by this
article, the Director may revoke or deny reissuance of any permit
issued under this article for one or more of the following reasons:
A. Failure to notify the Director of significant changes to the
wastewater prior to the changed discharge;
B. Failure to provide prior notification to the Director of
changed conditions pursuant to Section 18.34 of this chapter;
C. Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
D. Falsifying self - monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the Director timely access to the facility
premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
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K. Failure to complete a wastewater survey or the wastewater
discharge permit application;
L. Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
M. Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this Chapter.
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.
Section 18.30 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 18.23 of this
chapter, a minimum of one hundred eighty (180) days prior to the
expiration of the user's existing wastewater discharge permit.
Article VI. Compliance Reporting
Section 18.31 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the
effective date of a categorical pretreatment standard, or the
final administrative decision on a category determination
under 40 CFR 403.6(a) (4), whichever is later, existing
categorical users currently discharging to or scheduled to
discharge to the POTW shall submit to the Director a report
which contains the information listed in paragraph B, below.
At least ninety (90) days prior to commencement of their
discharge, new sources, and sources that 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 paragraph B. below.
A new source shall report the method of pretreatment it
intends to use to meet applicable categorical standards. A
new source also shall give estimates of its anticipated flow
and quantity of pollutants to be discharged.
B. Users described above shall submit the information set forth
below.
(1) Identifying Information. The name and address of the
facility, including the name of the operator and owner.
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(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(s) 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
sect out in Section 18.38 of this Chapter.
(c) Sampling must be performed in accordance with
procedures set out in Section 18.39 of this
Chapter.
(6) Certification. A statement, reviewed by the user's
authorized representative and certified by a qualifies
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:
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(a) The schedule shall contain progress increments in
the form of dates for the commencement and
completion of major events leading to the
construction and operation of additional
pretreatment required for the user to meet the
applicable pretreatment standards (such events
include, but are not limited to, hiring an
engineer, completing preliminary and final plans,
executing contracts for major components,
commencing and completing construction, and
beginning and conducting routine operation);
(b) No increment referred to above shall exceed nine
(9) months;
(c) The user shall submit a progress report to the
Director no later than fourteen (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 (9) 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 18.42 of this chapter.
Section 18.32 Reports on Compliance with Categorical
Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance
with applicable categorical pretreatment standards, or in the case
of a new source following commencement of the introduction of
wastewater into the POTW, any user subject to such pretreatment
standards and requirements shall submit to the Director a report
containing the information described in Section 18.31 (3)(4 -6) of
this chapter. 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
18.42 of this chapter.
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Section 18.33 Periodic Compliance Reports
A. All significant industrial users 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. All periodic compliance reports must be signed and
certified in accordance with Section 18.42 of this chapter.
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 subject to the reporting requirement in this section
monitors any pollutant more frequently than required by the
Director, using the procedures prescribed in Section 18.39 of
this chapter, the results of this monitoring shall be included
in the report.
Section 18.34 Reports of 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 thirty (30)
days before the change.
A. 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 18.23 of this chapter.
B. The Director may issue a wastewater discharge permit under
Article V of this chapter or modify an existing wastewater
discharge permit under Section 18.27 of this chapter in
response to changed conditions or anticipated change
conditions.
C. For purposes of this requirement, significant changes include,
but are not limited to, flow increases of twenty percent (2001)
or greater, and the discharge of any previously unreported
pollutants.
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Section 18.35 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a nonroutine, episodic
nature, a noncustomary 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 (5) days following such discharge, the user shall,
unless waived by the Director, submit a detailed written
report describing the cause(s) of the discharge and the
measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of
any expense, loss, damage, or other liability which may be
incurred as a result of damage to the POTW, natural resources,
or any other damage to person or property; nor shall such
notification relieve the user of any fines, penalties, or
other liability which may be imposed pursuant to this chapter.
C. A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call
in the event of a discharge described in paragraph A, above.
Employers shall ensure that all employees, who may cause such
a discharge to occur, are advised of the emergency
notification procedure.
Section 18.36 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.
Section 18.37 Notice of Violation /Repeat Sampling and Reporting
If sampling performed by a user indicates a violation:
A. The user must notify the Director within twenty -four (24)
hours of becoming aware of the violation.
B. The user shall repeat the sampling and analysis and submit the
results of the repeat analysis to the Director within thirty
(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.
C. The actions described in A and B above are not required for
BOD5 and TSS monitoring when the surcharge limit is exceeded.
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Section 18.38 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 Part 136, unless otherwise
specified in an applicable categorical pretreatment standard. If
40 CFR Part 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 EPA.
Section 18.39 Sample Collection
A. Except as indicated in Section B below, the user must collect
wastewater samples using flow proportional composite
collection techniques. In the event flow proportional
sampling is infeasible, the Director may authorize the use of
time proportional sampling or a minimum of four (4) grab
samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged.
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.
Section 18.40 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.
Section 18.41 Record Keeping
Users subject to the reporting requirements of this Chapter shall
retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities
required by this Chapter and any additional records of information
obtained pursuant to monitoring activities undertaken by the user
independent of such requirements. Records shall include the date,
exact place, method, and time of sampling, and the name of the
person(s) 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 (3) years.
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Nm
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.
Section 18.42 Certification Reauired
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 assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
Section 18.43 Falsifying Information
Knowingly making any false statement an 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.
Article VII Compliance Monitoring
Section 18.44 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 Chapter 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.
A. 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.
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B. The Director, State or 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.
C. 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.
D. 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.
E. 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 born by the user.
F. Unreasonable delays in allowing the Director access to the
user's premises shall be a violation of this chapter.
G. The Director or duly authorized representative shall observe
all safety rules applicable to the user's facility during
inspections and sampling events.
Section 18.45 Search Warrants
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
Chapter, 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 Chapter 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 of the City 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.
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In the event of an emergency affecting public health and safety,
inspections shall be made without the issuance of a warrant.
Section 18.46 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 person furnishing the report. Wastewater
constituents and characteristics and other "effluent data" as
defined by 40 CFR 2.302 will not be recognized as confidential
information and will be made available to the public without
restriction.
Section 18.47 Publication of Users in Significant Noncompliance
The Director shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, a list of
the users which, during the previous twelve (12) months, were in
significant noncompliance with applicable pretreatment standards
and requirements. The term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined
here as those in which sixty -six percent or more of all
measurements taken during a six month period exceed (by any
magnitude) the daily maximum limit or the average limit for
the same pollutant parameter;
B. Technical Review Criteria (TRC) violations, defined here as
those in which thirty -three 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 multiplied by the applicable TRC
(TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all
other pollutants except pH.);
NO
Imp
C. Any other violation 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;
D. 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;
E. 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;
F. 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;
G. Failure to accurately report noncompliance; or
H. Any other violation (s) which the Director determines will
adversely affect the operation or implementation of the local
pretreatment program.
Article VIII ADMINISTRATIVE ENFORCEMENT REMEDIES
Section 18.48 Notification of Violation
When the Director finds that a user has violated, or continues to
violate, any provision of this Chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment
standards or requirement, the Director may serve upon that user a
written Notice of Violation. Within thirty (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.
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Section 18.49 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 18.51 and 18.52
of this Chapter and shall be judicially enforceable.
Section 18.50 Show Cause Hearing
The Director may order a user who has violated, or continues to
violate, any provision of this Chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment
standard or requirement, 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 (10) days prior to the
hearing. Such notice may be served on any authorized
representative of the user. A show cause hearing shall not be a
bar against, or prerequisite for, taking any other action against
the user.
Section 18.51 Compliance Orders
When the Director finds that a user has violated, or continues to
violate, any provisions of this Chapter, 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.
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Section 18.52 Cease and Desist Orders
When the Director finds that a user has violated, or continues to
violate, any provision of this Chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment
standard or requirement, 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:
A. Immediately comply with all requirements; and
B. 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.
Issuance of a cease and desist order shall not be a bar against, or
a prerequisite for, taking any other action against the user.
Section 18.53 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.
A. 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 18.54 of this Chapter are
initiated against the user.
B. 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 Sections 18.50 or
18.54 respectively.
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C. Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
Section 18.54 Termination of Discharge
In addition to the provisions in Section 18.29 of this chapter, any
user who violates the following conditions is subject to discharge
termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and
characteristics of its discharge;
C. Failure to report significant changes in operations or
wastewater volume, constituents, and characteristics prior to
discharge;
D. Refusal of reasonable access to the user's premises for the
purpose of inspection monitoring, or sampling; or
E. Violation of the pretreatment standards in Section 18.05 of
this chapter.
Such user will be notified of the proposed termination of its
discharge and be offered an opportunity to show cause under Section
18.50 of this Chapter 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.
Article IX JUDICIAL ENFORCEMENT REMEDIES
Section 18.55 Consent Decree
When the Director finds that a user has violated, or continues to
violate, any provision of this chapter, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment
standard 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 Chapter.
Section 18.56 Injunctive Relief
When the Director finds that a user has violated a pretreatment
standard or requirement, or continues to violate the provisions of
this Chapter, 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
40
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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 Chapter 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.
Section 18.57 Civil Penalties
A. A user who has violated, or continues to violate any provision
of this Chapter, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or
requirement shall be liable to the City for a civil penalty of
not less than fifty dollars ($50.00) nor more than two
thousand dollars ($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 person discharging a pollutant which results in the
imposition of penalties by any person 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.
Section 18.58 Criminal Prosecution
A. A person commits an offense if the person willfully or
negligently violates any provision of this chapter, a
wastewater discharge permit, or other order issued hereunder,
or any other pretreatment standard or requirement.
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B. A person commits an offense if the person 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 person commits an offense if the person 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 Chapter,
wastewater discharge permit, or order issued hereunder, or who
falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Chapter.
D. Any offense under this chapter shall be punishable by a fine
not to exceed two thousand dollars ($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 other Chapters against a person continuing
prohibited discharges or violating any other provision of this
Chapter.
Section 18.59 Remedies Nonexclusive
The remedies provided for in this Chapter 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.
Article X. SUPPLEMENTAL ENFORCEMENT ACTION
Section 18.60 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 chapter, 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.
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Section 18.61 Water Supply Severance
Whenever a user has violated or continues to violate any provision
of this chapter, a wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, 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.
Section 18.62 Public Nuisances
A violation of any provision of this chapter, 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.
Section 18.63 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.
Article XI. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Section 18.64 Upset
A. For the purposes of this section, "upset" means an exceptional
incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because
of factors beyond the reasonable control of the user. An
upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action
brought for noncompliance with categorical pretreatment
standards if the requirements of paragraph (C) below, are met.
C. A user who wishes to establish the affirmative defense of
upset shall demonstrate, through properly signed
contemporaneous operating logs, or other relevant evidence
that:
(1) An upset occurred and the user can identify the cause(s)
of the upset;
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(2) The facility was at the time being operated in a prudent
and workman -like manner and in compliance with applicable
operation and maintenance procedures; and
(3) The user has submitted the following information to the
Director orally within twenty -four (24) hours of becoming
aware of the upset with a written submission provided
within five ( 5 ) days:
(a) A description of the indirect discharge and cause
of noncompliance;
(b) The period of noncompliance, including exact dates
and times or, if not corrected, the anticipated
time the noncompliance is expected to continue; and
(c) Steps being taken and /or planned to reduce,
eliminate, and prevent recurrence of the
noncompliance.
D. In any enforcement proceeding, the user seeking to establish
the occurrence of an upset shall have the burden of proof.
E. Users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought
for noncompliance with categorical pretreatment standards.
F. Users shall control production of all discharges to the extent
necessary to maintain compliance with categorical pretreatment
standards upon reduction, loss, or failure of its treatment
facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in
the situation where, among other things, the primary source of
power of the treatment facility is reduced, lost, or fails.
Section 18.65 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 18.05 of this chapter 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:
A. 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
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B. 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 (s) , and in the case of interference,
was in compliance with applicable sludge use or disposal
requirements.
Section 18.66 Bypass
A. For the purposes of this section,
(1) "Bypass" means the intentional diversion of wastestreams
from any portion of a user's treatment facility.
(2) "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 assure
efficient operation. These bypasses are not subject to the
provisions of paragraphs (C) and (D) of this section.
C. (1) If a user knows in advance of the need for a bypass, it
shall submit prior notice to the Director, at least ten
(10) days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the Director of an
unanticipated bypass that exceeds applicable pretreatment
standards within twenty -four (24) hours from the time it
becomes aware of the bypass. A written submission shall
also be provided within five ( 5 ) days of the time the
user becomes aware of the bypass. The written submission
shall contain a description of the bypass and its cause;
the duration of the bypass, including exact dates and
times, and, if the bypass has not been corrected. the
anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent
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 twenty -four (24) hours.
D. (1) Bypass is prohibited, and the Director may take an
enforcement action against a user for a bypass, unless
(a) Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
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(b) There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities,
retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This
condition is not satisfied if adequate back -up
equipment should have been installed in the
exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal
periods of equipment downtime or preventive
maintenance; and
(c) The user submitted notices as required under
paragraph (C) of this section.
(2) 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 paragraph (D)(1) of this section.
Article XII. INDUSTRIAL SEWER RATES
Section 18.67 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 Chapter 17, Article III in the City of Huntsville Code of
Ordinances.
Section 18.68 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.
Section 18.69 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.
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Section 18.70 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 person 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 Articles VIII and IX of
this chapter.
See Chapter 17, Article III.
Article XIII. MISCELLANEOUS PROVISIONS
Section 18.71 Right to Assess
The City may adopt reasonable charges and fees for reimbursement of
costs setting up and operating the City's Pretreatment Program.
See Chapter 17, Article III.
Section 18.72 Charges and Fees
Charges and fees which may be adopted by the City include:
A. Fees for wastewater discharge permit applications including
the cost of processing such applications;
B. Fees for monitoring, inspection, and surveillance procedures
including the cost of collection and analyzing a user's
discharge, and reviewing monitoring reports submitted by
users;
C. Fees for reviewing and responding to accidental discharge
procedures and construction; and
D. 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 chapter and are separate from all
other fees, fines, and penalties chargeable by the City.
See Chapter 17, Article III.
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