ORD 1981-09 - Waste Dischargess•
ORDINANCE NO. 81 -9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, PROHIBITING THE DISCHARGE OF CERTAIN WASTES INTO
CITY SEWERS, STREETS AND DRAINAGE FACILITIES; ESTABLISHING
REGULATIONS FOR DISCHARGE OF CERTAIN INDUSTRIAL WASTES INTO
THE CITY WASTEWATER TREATMENT SYSTEM; ESTABLISHING FEES AND
CHARGES FOR SUCH DISCHARGE; PROVIDING A PENALTY OF UP TO
$200.00 FOR EACH VIOLATION; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Chapter 17, Waters and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended by the repeal of Article IV,
Discharge of Industrial Wastes, as presently constituted and by the
adoption of a new Article IV, Discharge of Non - domestic Wastes, that
shall read as follows:
(See Exhibit "A" attached hereto and
made a part hereof for all intents
and purposes.)
Section 2: A person adjudged guilty of an offense as defined in this ordinance
shall be punished by a fine not to exceed Two Hundred ($200.00) Dollars.
Each day an offense is committed shall constitute a separate offense.
Section 3: If any provsion of the ordinance, or the application of same to
any person or set of circumstances, shall for any reason be held uncon-
stitutional, void or invalid, such invalidity shall not affect the
validity of the remaining provisions of this ordinance or their appli-
cation to other persons or other sets of circumstances, and to this
end all provisions of this ordinance are declared to be severable.
Section 4: 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.
INTRODUCED, READ AND PASSED BY THE UNANIMOUS VOTE OF THE CITY COUNCIL on this
the ZAdday of JEJ , A. D. 1981.
ATTEST-
/ /
•
I � %/ ii .....I /. , f
DE SHA , City Sec etary
APPROVED:
City SCOTT , y Attorney
OUNDS
MORRIS I. WALLER, Mayor
ARTICLE IV. DISCHARGE OF NON DOMESTIC WASTES
1. Definitions (I7.51)
2. Prohibited Discharges (I7.60-65)
3. Discharge Permits Required (17.70-17,76)
4. Surcharges (17.80-17.83)
5. Reporting (17.90-17.93)
6. Enforcement <17.100-17.103>
7. Miscellaneous (17.110-17.114)
EXHIBIT "A"
Section 17.51. Definitions
For the purpose of this article the following terms, phrases, words and their
derivations shall have the meaning given herein.
(a) "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 Executive Director of Texas Department of
Water Resources.
(c) "Authorized Representative of Industrial User." An authorized representa-
tive of an Industrial User may be: (1) A principal executive officer of
at least the level of vice-president, if the Industrial User is a corpor-
ation; (2) A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively; (3) A duly authorized repre-
sentative of the individual designated above if such representative is
responsible for the overall operation of the facilities from which the
discharge originates.
(d) "B. 0. D." The quality of oxygen expressed in miligrams per liter, util-
ized in the bio-chemical oxidation of organic matter under standard labor-
atory conditions for five (5) days at a temperature of twenty (20) degrees
centigrade. The laboratory determinations shall be made in accordance
with procedures set forth in "Standard Methods".
(e) "Building drain." That part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste, and other drainage
pipes of the building and conveys to the building sewer,beginning three (3)
feet outside the inner face of the building wall.
(f) "Building sewer." The extension from the building drain to the sanitary
sewer or other place of disposal.
(g) "C. 0. D." The measure of the oxygen consuming capacity of inorganic
and organic matter present in water or wastewater, expressed in mg/1
as the amount of oxygen consumed from a chemical oxidant in a specific
test. The laboratory determinations shall be made in accordance with
procedures set forth in "Standard Methods."
(h) "Cooling Water" The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat.
(i) "Direct Discharge." The discharge of treated or untreated wastewater
directly to the waters of the State.
(j) "Director." Director of Public Utilities for City.
(k) "Discharge Permit." A permit as described in Section 17.70 of this
ordinance.
(1) "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.
(m) "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.
(n) "Grab sample." A sample that is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consid-
eration of time.
(o) "Holding tank waste." Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank
trucks.
(p) "Indirect Discharge." The discharge or the introduction of nondomestic
pollutants from any source regulated under section 307(b) or (c) of the
Act, (33 U.S.C. 1317), into the POTW (including holding tank waste dis-
charged into the system).
(q) "Industrial User." A source of Indirect Discharge which does not consti-
tute a "discharge of pollutants" under regulations issued pursuant to
section 402, of the Act. (33 U.S.C. 1342).
(r) "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 mix-
ture of these with water or domestic sewage as distinct from normal
domestic sewage.
(s) "Interference." The inhibition or disruption of the POTW treatment pro-
cesses or operations that contributes to a violation of any requirement
of the City's National Pollution Discharge Elimination System (NPDES)
Permit. The term includes prevention of sewage sludge use or disposal
by the POTW in accordance with 405 of the Act, (33 U.S.C. 1345) or any
criteria, guidelines, or regulations developed pursuant to the Solid
Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control
Act, or more stringent state criteria (including those contained in any
State sludge management plan prepared pursuant to Title IV of SWDA) appli-
cable to the method of disposal or use employed by the POTW.
(t) "Milligrams per liter (mg/1 or ppm)." A weight to volume ratio; the
milligrams per liter value multiplied by the factor 8.33 shall be equiva-
lent to pounds per million gallons of water.
(u) "National Categorical Pretreatment Standard or Pretreatment Standard"
Any regulation containing pollutant discharge limits promulgated by
the EPA in accordance with section 307(b) and (c) of the Act (33
U.S.C. 1347) that applies to a specific category of Industrial Users.
(v) "Person" Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, govern-
mental entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine,
the singular shall include the plural where indicated by the context.
(w) "pH" The logarithm (base 10) of the reciprocal of the hydrogen ion
concentration expressed in moles per liter. It shall be determined by
one of the procedures outlined in "Standard Methods ".
(x) "Pollution" The man -made or man - induced alteration of the chemical,
physical, biological, and radiological integrity of water.
(y) "Pollutant" Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste discharged
into water.
(z) "Pretreatment or Treatment" The reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the nature of pol-
lutant properties in wastewater to a less harmful state prior to or in
lieu of discharging or otherwise introducing such pollutants into a
POTW. The reduction or alteration can be obtained by physical, chemical,
or biological processes, or process changes other means, except as pro-
hibited by 40 CFR Section 403.6(d).
(aa) "Pretreatment Requirements" Any substantive or procedural requirement
related to pretreatment, other than a National Pretreatment Standard
imposed on an industrial user.
(bb) "Publicly Owned Treatment Works (POTW)" A City treatment works as de-
fined by section 212 of the Act, (33 U.S.C. 1292), including any sewers
that convey wastewater to the POTW treatment plant, but does not include
pipes, sewers or other conveyances not connected to a facility providing
treatment. For the purposes of this ordinance, "POTW" shall also in-
clude any sewers that convey wastewaters to the POTW from persons outside
the city who are, by contract or agreement with the city, users of the
city's POTW.
(cc) "POTW Treatment Plant" That portion of the POTW designed to provide
treatment to wastewater.
(dd) "Public Sewer" A sewer controlled by the City.
(cc) "Sanitary sewer" A sewer that conveys wastewater, and into which storm,
surface and ground waters or unpolluted industrial wastes are not in-
tentionally passed.
(ff) "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.
(gg) "Significant Industrial User" Any Industrial User of the City's waste-
water disposal system who (i) has a discharge flow of 25,000 gallons
or more per average work day, or (ii) has a flow greater than 5% of the
flow in the City's wastewater treatment system, or (iii) has in his wastes
toxic pollutants as defined pursuant to Section 307 of the Act, or
(iv) is found by the City or the U.S. Environmental Protection Agency
to have significant impact, either singly or in combination with other
contributing industries, on the wastewater treatment system, the quality
of sludge, the system's effluent quality, or air emissions generated
by the system.
(hh) "Slug" Any discharge of water, sewage or industrial waste other than
toxic materials which in concentration of any given constituent or in
quantity or flow exceeds for any period of duration longer than fifteen
(15) minutes more than five (5) times the average twenty-four (24) hour
concentration or flows during normal operation.
(ii) "State" State of Texas.
(jj) "Standard Industrial Classification (SIC)" A classification pursuant
to the Standard Industrial Classification Manual issued by the Executive
Office of the President, Office of Management and Budget, 1972.
(kk) "Standard Methods" The examination and analytical procedures set forth
in the latest edition at the time of analysis of "Standard Methods for
the Examination of Water and Sewage" as prepared, approved and published
jointly by the American Public Health Association, the American Water
Works Association, and the Water Pollution Control Federation.
(11) "Storm sewer" A sewer which carries storm and surface waters and drain-
age but excludes domestic sewage and industrial wastes.
(mm) "Storm water run off" That portion of the rainfall that is drained
into the storm sewers or conveyed by surface flow to man-made or natural
drainage courses.
(nn) "Surcharge" The charge in addition to the sewage service charge which is
made on those persons whose wastes are greater in strength than the con-
centration values established as representative of normal charges or
are greater in flow.
(oo) "Suspended solids" Solids that either float on the surface of, or are
in suspension in water, sewage, or other liquids, and which are remov-
able by a laboratory filtration device. Quantitative determination of
suspended solids shall be made in accordance with procedures set forth
in said "Standard Methods".
(pp) "Toxic Pollutant" Any pollutant or combination of pollutants listed
as toxic in regulations promulgated by the Administrator of the Environ-
mental Protection Agency under the provision of CWA 307(a) or other
Acts.
(qq) "User" Any person who contributes, causes or permits the contribution
of wastewater into the City's POTW.
(rr) "Wastewater" A combination of the water-carried waste from residence,
business establishments, institutions and industrial establishments,
together with such grounds, surface, and storm water as may be present.
Section 17.60 Discharge into Sanitary Sewer Prohibited
It shall be an offense for any person to discharge to any sanitary sewer
any storm water, groundwater, roof runoff, subsurface drainage, or any water
from downspouts, yard drains, yard fountains or ponds, or lawn sprays.
Section 17.61 Discharge to Street, Gutter or Ditches Prohibited
It shall be an offense for any person to discharge into any street, gutter,
drainage ditch, or drainage structure any wastewater or other liquid waste
containing cement, concrete, building materials, oil, chemicals or other
liquid industrial waste.
Section 17.62 Discharge to Public Sewers Prohibited
It shall be an offense for any person to discharge into any public sewer:
(a) any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in Interference,
but in no case wastewater with a temperature at the introduction
into the POTW which exceeds 40°C (104°F);
(b) any water or wastes which contain wax, grease or oil, plastic,
or other substance that will solidify or become discernibly
viscous at temperatures between sixty (60) degrees to ninety
(90) degrees Fahrenheit;
(c) flammable or explosive liquid, "solids or gas", such as gasoline,
kerosene, benzine, naphtha, etc.;
(d) solid or viscous substances in quantities capable of causing ob-
struction to the flow in sewers, or other interference with the
proper operation of the sewage works, such as ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, whole blood, paunch manure, hair and fleshings,
entrails, lime slurry, lime residue, slops, chemical residues,
paint residues, fiberglass, or bulk solids;
(e) any garbage that has not been properly comminuted or shredded
to particles not greater than 1/2" in any dimension;
(f) any noxious or malodorous substance that can form a gas, that either
singly or by interaction with other wastes, is capable of causing
objectionable odors or hazard to life and property that forms solids
in concentrations exceeding limits established herein or creates
any other condition deleterious to structures or treatment processes;
or requires unusual facilities, attention, or expense to handle
such materials.
(g) septic tank waste;
(h) free or emulsified oil and grease exceeding on analysis an average
of one hundred (100) mg /1 of either or both or combinations of
free or emulsified oil and grease, if such wastes:
(1) can deposit grease or oil in the sewer lines in such
manner as to clog the sewers,
(2) can over -load the discharger's skimming and grease
handling equipment,
(3) are not amenable to biological oxidation and will
therefore pass to the receiving waters without being
affected by normal sewage treatment processes, or,
(4) can have deleterious effects on the treatment process
due to the excessive quantities;
(i) acids or alkalies that attack or corrode the POTW or have a pH
value lower than 5.5 or higher than 10.5;
(j) Compounds of the heavy metals, in solution or suspension, in
concentrations exceeding the following, analytical results to
be expressed in terms of the element indicated:
mg /1
Arsenic 0.05
Barium 5.0
Boron 1.0
Cadmium 0.02
Chromium 5.0
Copper 1.0
Lead 0.10
Manganese 1.0
Mercury 0.005
Nickel 1.0
Selenium 0.02
Silver 0.10
Zinc 5.0
(k) cyanides or cynogen compounds capable of liberating hydrocyanic
gas on acidifications in excess of 0.5 ppm by weight of cyanide
in the wastes from any outlet into the public sewers;
(1) radioactive materials exceeding the existing standards of the
State Department of Health;
(m) any wastewaters containing phenols or other taste producing
substances in such concentrations as to produce odor or taste
in the effluent as to affect the taste and odor of the receiving
waters;
(n) materials that exert or cause:
(1) Unusual concentrations of solids or compositions; as for
example in total suspended solids of inert nature (such
as Fuller's earth) and /or in total dissolved solids (such
as sodium chloride, or sodium sulfate),
(2) Excessive discoloration,
(3) Unusual biochemical oxygen demand, unusual C.O.D., or
an immediate oxygen demand,
(4) High hydrogen sulfide content, or
(5) Unusual flow and concentration, or
(o) any pollutant, including oxygen demanding pollutants released at
a flow rate and /or pollutant concentration that a user knows or
has reason to know will cause Interference to the POTW;
(p) a slug load with a flow rate or concentration or quality of
pollutants that exceeds for any time period longer than fifteen
(15) minutes more than five (5) times the average twenty -four
(24) hour concentration, quantities, or flow during normal operation.
(q) any waste that contains toxicants in excess of the maximum allow-
able toxicant concentration as determined by the bioassey procedure
outlined in Standard Methods. The maximum allowable toxicant con-
centration must be determined using organisms obtained from the
POTW.
(r) Toxic substances that are not amenable to treatment or reduction
by the wastewater treatment process employed, or are amenable to
treatment only to such degree that the wastewater treatment plant
cannot meet the requirements of other agencies having jurisdiction
over discharge to the receiving waters without first pretreating
to a concentration acceptable to the city.
(s) Any wastewater containing toxic pollutants in sufficent quantity,
either singly or by interaction with other pollutants, to injure
or interfere with any wastewater treatment process, constitute a
hazard to humans or animals, create a toxic effect in the receiving
waters of the POTW, or to exceed the limitation set forth in a
Categorical Pretreatment Standard. A toxic pollutant shall
include but not be limited to any pollutant identified pursuant
to Section 307(a) of the Act.
(t) Any substance that may cause the POTW's effluent or any other
product of the POTW such as residues, sludges, or scums, to be
unsuitable for reclamation and reuse or to interfere with the
reclamation process. In no case, shall a substance discharged
to the POTW cause the POTW to be in non - compliance with sludge use
or disposal criteria, guidelines or regulations developed under
Section 405 of the Act; any criteria, guidelines, or regulations
affecting sludge use or disposal developed pursuant to the Solid
Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act, or State criteria applicable to the sludge manage-
ment method being used.
(u) Any substance that will cause the POTW to violate its NPDES and/or
State Disposal System Permit or the receiving water quality
standards.
(v) Any wastewater that causes a hazard to human life or creates a
public nuisance.
Section 17.63. Excessive Discharge Prohibited
It shall be an offense for any person to increase the use of process water
or, in any way, attempt to dilute a discharge as a partial or complete sub-
stitute for adequate treatment to achieve compliance with the limitations
contained herein, except as approved by director.
Section 17.64. Notice of Prohibited Discharge
When the Director determines that a User is contributing to the POTW any of
the above enumerated substances in such amounts as to interfere with the
operation of the POTW, the Director shall: (1) advise the user of the impact
of the contribution on the POTW; and (2) develop effluent limitation for such
user to correct the interference with the POTW.
Section 17.65. Grease, Oil and Sand Interceptors.
Grease, oil and sand traps or interceptors shall be provided for the proper
handling of liquid wastes containing grease in excessive amounts or any flam-
mable wastes, sand and other harmful ingredients; except that such interceptors
shall not be required for private living quarters or dwellings. All intercep-
tors shall be of a type and capacity approved by the approving authority and
shall be located as to be readily and easily accessible for easy cleaning and
inspection. Grease and oil interceptors shall be constructed of impervious
materials capable of withstanding abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight and equipped with easily
removable covers which, when bolted in place, shall be gastight and watertight.
Where installed, all grease, oil and sand interceptors shall be maintained by
the owner at his expense, in continuously efficient operation at all times.
Materials removed from these facilities shall be either utilized by industry
or disposed of at locations designated by the approving authority.
Section 17.70. Discharge Permits Required
(a) It shall be an offense for any person to discharge industrial wastes,
wastes prohibited by this article, any domestic wastes in excess of
25,000 gpd, or any other wastewater in excess of 20,000 gpd into any
public sewer, sanitary sewer, the POTW, or natural drainage course
within the city without a discharge permit.
(b) All significant industrial users connected to or discharging or pro-
posing to discharge or to contribute to the POTW shall obtain a Discharge
Permit.
(c) A discharge permit shall be obtained from Director prior to the discharge
to the POTW of any wastes and waters having:
(1) a B.O.D. greater than two hundred fifty (250) mg/1;
(2) suspended solids containing greater than three hundred (300) mg/1;
(3) a C.O.D. greater than 400 mg/1.
Section 17.71. Permit Application
Persons required to obtain a Discharge Permit shall complete and file with the
City an application containing the following information:
(a) Name, address, and location (if different from the address);
(b) SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
(c) Wastewater constituents and characteristics including but not
limited to those mentioned in Section 17.60-17.65 of this Ordinance
as determined by a reliable analytical laboratory; sampling and
analysis shall be performed in accordance with procedures estab-
lished by the EPA pursuant to Section 304(g) of the Act and con-
tained in 40 CFR, Part 136, as amended;
(d) Time and duration of contribution;
(e) Average daily and 3 minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any;
(f) Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation;
(g) Description of activities, facilities and plant processes on the
premises including all materials that are or could be discharged;
(h) Where known, the nature and concentration of any pollutants in
the discharge that are limited by any City, State or Federal
Pretreatment Standards, and a statement regarding whether or not
the pretreatment standards are being met on a consistent basis
and, if not, whether additional Operation and Maintenance (O &M)
and /or additional pretreatment is required for the User to meet
applicable Pretreatment Standards;
(i) 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. 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 schedule:
(1) The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events
leading to the construction and operation of additional pre-
treatment required for the User to meet the applicable Pre-
treatment Standards (e.g. hiring an engineer, completing
preliminary plans, completing final plans, executing contract
for major components, commencing construction, completing
construction, etc.).
(2) No increment referred to in paragraph (1) shall exceed 9 months.
(3) Not later than 14 days following each date in the schedule
and the final date for compliance, the User shall submit a
progress report to the Director including, as a minimum,
whether or not it complied with the increment of progress
to be met on such date and, if not, the date on which it
expects to comply with this increment of progress, the reason
for delay, and the steps being taken by the User to return
the construction to the schedule established. In no event
shall more than 9 months elapse between such progress reports
to the Director.
(j) Each product produced by type, amount, process or processes and
rate of production;
(k) Type and amount of raw materials processed (average and maximum
per day) ;
(1) Number and type of employees, and hours of operation of plant and
proposed or actual hours of operation of pretreatment system;
(m) Any other information as may be deemed by the City to be necessary
to evaluate the permit application.
The City will evaluate the data furnished by the user and may require additional
information. After evaluation and acceptance of the data furnished, the City
may issue a Discharge Permit subject to terms and conditions provided herein.
Section 17.72. Permit Conditions
Discharge Permits shall be expressly subject to all provisions of this Ordinance
and all other applicable regulations, user charges and fees established by the
City. Permits shall contain the following:
(a) The unit charge or schedule of user charges and fees for the
wastewater to be discharged to the POTW;
(b) Limits on the average and maximum wastewater constituents and
characteristics. Estimated amounts and strengths of industrial
wastes have been agreed upon by both parties. When a discharger
discharges twenty thousand (20,000) gallons or more daily,
strengths shall be based on actual samples from the point or
points of discharge.
(c) Limits on average and maximum rate and time of discharge or re-
quirements for flow regulations and equalization. Where applicable,
flow regulating devices approved by the Director have been installed.
(d) The City shall require to be provided and operated at the User's
own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and /or internal drainage
systems. The monitoring facility should normally be situated on
the User's premises, but the City may, when such a location would
be impractical or cause undue hardship on the User, allow the
facility to be constructed in the public street or sidewalk area
and located so that it will not be obstructed by landscaping or
parked vehicles.
There shall be ample room in or near such sampling manhole or
facility to allow accurate sampling and preparation of samples
for analysis. The facility, sampling, and measuring equipment
shall be maintained at all times in a safe and proper operating
condition at the expense of the user.
Whether constructed on public or private property, the sampling
and monitoring facilities shall be provided in accordance with the
City's requirements and all applicable local construction standards
and specifications. Construction shall be completed within 90
days following written notification by the City.
(e) Requirements for installation and maintenance of inspection and
sampling facilities;
(f) Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards
for tests and reporting schedule;
(g) Compliance schedules;
(h) Requirements for submission of technical reports or discharge
reports;
(i) Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the City, and affording
City access thereto;
(j) Requirements for notification of the City or any new introduction
of wastewater constituents or any substantial change in the
volume or character of the wastewater constituents being intro-
duced into the wastewater treatment system;
(k) Requirements for notification of slug discharges;
(1) Where required, as herein specified to modify or eliminate wastes
that are harmful to the structures, processes or operation of the
sewage works, or detrimental to the quality of the effluent, the
person shall provide, at his expense, such preliminary treatment
or processing facilities as may be determined by the Director
necessary to render his wastes acceptable for admission to the
POTW.
Plans, specifications and any other pertinent information relating
to proposed preliminary treatment or processing facilities or flow
equalization facilities shall be submitted for approval of the
Director prior to the start of their construction, if the effluent
from such facilities is to be discharged into the public sewers.
All such plans shall be prepared by a registered professional
engineer and shall bear his signature and seal.
(m) Agreement forms have been completed by the discharger agreeing to
payment of any surcharges as required and /or the operation and
maintenance of any pretreatment facilities where applicable.
(n) Other conditions as deemed appropriate by the City to ensure com-
pliance with this Ordinance.
Section 17.73. Permit Modifications
Within 9 months of the promulgation of a National Categorical Pretreatment
Standard, the Discharge Permit of Users subject to such standards shall be
revised to require compliance with such standard within the time frame pre-
scribed by such standard. Where a User, subject to a National Categorical
Pretreatment Standard, has not previously submitted an application for a
Discharge Permit, the User shall apply for a Discharge Permit within 180 days
after the promulgation of the Applicable National Categorical Pretreatment
Standard. In addition, the User with an existing Discharge Permit shall sub-
mit to the Director within 180 days after the promulgation of an applicable
Federal Categorical Pretreatment Standard the information required by
Section 17.72.
Section 17.74. Permits Duration
Permits shall be issued for a specified time period, not to exceed three (3)
years. A permit may be issued for a period less than a year or may be stated
to expire on a specific date. The user shall apply for permit reissuance
a minimum of 180 days prior to the expiration of the user's existing permit.
The terms and conditions of the permit may be subject to modification by the
City during the term of the permit as limitations or requirements as identified
in Section 17.73 are modified or other just cause exists. The User shall be
informed of any proposed changes in his permit at least 30 days prior to the
effective date of change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
Section 17.75. Permit Transfer
Discharge Permits are issued to a specific operation. A discharge permit shall
not be reassigned or transferred or sold to a new owner, new User, different
premises, or a new or changed operation without the approval of the City.
Any succeeding owner, as approved by the City, or User shall also comply with
the terms and conditions of the existing permit.
Section 17.76. Permit Fees
(a) Application fees. The application fee for a discharge permit required
by this article shall be $50.00.
(b) Monitoring and Inspection Fee. The expense of monitoring and inspection
shall be borne by the user.
Section 17.80. Pretreatment Required; Surcharges
Users shall provide necessary wastewater treatment as required to comply with
this Ordinance and shall achieve compliance with all Federal Categorical Pre-
treatment Standards within the time limitations as specified by the Federal
Pretreatment Regulations. Any facilities required to pretreat wastewater to
a level acceptable to the City shall be provided, operated, and maintained
at the User's expense. Detailed plans showing the pretreatment facilities
and operating procedures shall be submitted to the City for review, and shall
be acceptable to the City before construction of the facility. The review of
such plans and operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to produce an effluent
acceptable to the City under the provisions of this Ordinance. Any subsequent
changes in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the City prior to the user's initiation of the changes.
Section 17.81. Industrial Waste Surcharges
(a) Users discharging industrial wastes which exhibit none of the character-
istics of wastes prohibited in Division 2, other than excessive B.O.D.
or suspended solids, having a concentration during a twenty-four (24)
hour period average of suspended solids of B.O.D. content in excess of
"normal domestic sewage" shall be required to pretreat the industrial
wastes to meet the requirements of "normal domestic sewage"; however,
such wastes may be accepted for treatment if all the following require-
ments are met:
(1) The wastes will not cause damage to the collection system.
(2) The wastes will not impair the treatment process.
(3) Any user who accepts a discharge permit agrees to pay a surcharge
over and above the existing sewer rates with the basis for the
surcharge on industrial wastes to be computed in the following
manner:
SURCHARGE (in dollars) = VOLUME (in thousand gallons) /.085 (BOD-250)+ .056 (SS-300)7
(b) The volume of wastes may be determined by the same methods used to
calculate the regular sewer service charge, or as a percentage of users
water bill. Users discharging less than twenty thousand (20,000) gallons/
day, the BOD and suspended solids values may be determined from standard
values for various industries established by the approving authority.
In cases where the discharge exceeds twenty thousand (20,000) gallons/
day, or in the event that the user desires to determine accurate values
of BOD and suspended solids, the user shall install at his expense a
sampling point at a location near the outlet of each building drain
or connection with any sanitary sewer of the city. BOD and suspended
solid values determined from samples collected from any establishment
shall be determined by the director or a registered professional
engineer employed by the user. Such report shall contain a state-
ment that the samples collected and values determined are based on
a twenty -four (24) hour composite representative of the establishment's
flow. Each sampling point shall be installed and shall be so main-
tained by the user so that any authorized representative of the city
may readily and safely obtain samples of the flow at all times. Plans
and location of such sampling points shall be approved by the Director
prior to construction.
(c) All flow rates and BOD and suspended solid values used in determination
of the industrial sewer service charge shall be reevaluated on an
annual basis. If there is a major change in the operation to cause
changes in value, however, the values may be increased or decreased
on a study of changes or actual measurements.
(d) The basis for determining the surcharge shall be reviewed bi- annually
and shall be adjusted to reflect any increase or decrease in waste-
water treatment costs based on the previous year's experience.
Section 17.82. Billing
Industrial waste surcharges shall be included as a separate item on the reg-
ular bill for water and sewer charges and shall be paid monthly in accordance
with the existing practices. Surcharges shall be paid at the same time that
the sewer charges of the person become due and payment for sewer services
shall not be accepted without payment also of sewer service surcharges.
Section 17.83. Discharge of Industrial Waste
When wastewater containing industrial waste materials is discharged to the
POTW and such wastes are not properly pretreated or otherwise corrected, the
approving authority may:
(a) Reject the wastes and terminate the service;
(b) Require control of the quantities and rates of discharge of such wastes
with flow regulating devices; or
(c) Require payment of surcharges for excessive cost of treatment provided
such wastes are amenable to treatment by the existing sewage POTW.
Section 17.90. Reporting Requirements for Permittee
Within 90 days following the date for final compliance with applicable Pre-
treatment Standards or, in the case of a New Source, following commencement
of the introduction of wastewater into the POTW, any User subject to
Pretreatment Standards and Requirements shall submit to the Director a report
indicating the nature and concentration of all pollutants in the discharge
from the regulated process that are limited by Pretreatment Standards and
Requirements and the average and maximum daily flow for these process units
in the User facility that are limited by such Pretreatment Standards or
Requirements. The report shall state whether the applicable Pretreatment
Standards or Requirements are being met on a consistent basis and, if not,
what additional 0 & M and /or pretreatment is necessary to bring the User
into compliance with the applicable Pretreatment Standards or Requirements.
See Section 17.91. This statement shall be signed by an authorized repre-
sentative of the Industrial User, and certified to by a qualified professional
engineer.
Section 17.91. Periodic Compliance Reports
(a) Any User subject to a Pretreatment Standard, after the compliance date
of such Pretreatment Standard, or, in the case of a New Source, after
commencement of the discharge into the POTW, shall submit to the Director
during the months of June and December, unless required more frequently
in the Discharge Permit or by the Director, a report indicating the
nature and concentration, of pollutants in the effluent which are limited
by such Pretreatment Standards. In addition, this report shall include
a record of all daily flows which during the reporting period exceeded
by 10% or more the average daily flow. At the discretion of the Director
and in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the Director may alter the months during
which the above reports are to be submitted.
(b) The Director may impose mass limitations on Users that are using dilution
to meet applicable Pretreatment Standards, or in other cases where the
imposition of mass limitations are appropriate. In such cases, the
periodic compliance report shall indicate the mass of pollutants regu-
lated by Pretreatment Standards in the effluent of the User. These
reports shall contain the results of sampling and analysis of the dis-
charge, including the flow and the nature and concentration, or produc-
tion and mass where requested by the Director, of pollutants contained
therein which are limited by the applicable Pretreatment Standards.
The frequency of monitoring shall be prescribed in the applicable Pre-
treatment Standard. All analysis shall be performed in accordance with
procedures established by the Approval Authority, pursuant to section
304(g) of the Act and contained in 40 CFR, Part 136 and amendments
thereto or with any otehr test procedures approved by the Approval
Authority. Sampling shall be performed in accordance with the techniques
approved by the Approval Authority.
Section 17.92. Notice of non- compliance
The City shall annually publish in the Huntsville Item newspaper a list of
the Users that were not in compliance with any Pretreatment Standards at least
once during the 12 previous months. The notification shall also summarize
any enforcement actions taken against the user during the same 12 months.
All records relating to compliance with Pretreatment Standards shall be made
available to officials of the EPA or Approval Authority upon request.
Section 17.93. Accidental Discharges
(a) Each User shall provide protection from accidental discharge of pro-
hibited materials or other substances regulated by this Ordinance.
Facilities to prevent accidental discharge of prohibited materials shall
be provided and maintained at the owner or user's own cost and expense.
Detailed plans showing facilities and operating procedures to provide
this protection shall be submitted to the Director for review, and shall
be approved by the Director before construction of the facility. All
existing Users shall complete such a plan by January 1, 1983. No user
who commences contribution to the POTW after the effective date of this
ordinance shall be permitted to introduce pollutants into the system
until accidental discharge procedures have been approved by the Director.
Review and approval of such plans and operating procedures shall not
relieve the industrial user from the responsibility to modify the user's
facility as necessary to meet the requirements of this Ordinance. In
the case of an accidental discharge, it is the responsibility of the
user to immediately telephone and notify the POTW of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
(b) Within five (5) days following an accidental discharge, the User shall
submit to the Director a detailed written report describing the cause
of the discharge and the measures to be taken by the User to prevent
similar future occurrences. Such notification shall not relieve the
user of any expense, loss, damage, or other liability which may be in-
curred as a result of damage to the POTW, fish kills, or any other
damage to person or property; nor shall such notification relieve the
user of any fines, civil penalties, or other liability that may be
imposed by this article or other applicable law.
(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 danger-
ous discharge. Employers shall insure that all employees who may cause
or suffer such a dangerous discharge to occur are advised of the emer-
gency notification procedure.
Section 17.100. Inspection and Sampling
The City shall inspect the facilities of any User to ascertain whether the
requirements of this Ordinance are being met. Persons or occupants of
premises where wastewater is created or discharged shall allow the City or
their representative ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination or in
the performance of any of their duties. The City, Approval Authority and
the EPA shall have the right to set up on the User's property such devices
as are necessary to conduct sampling inspection, compliance monitoring and/or
metering operations. Where a User has security measures in force which would
require proper identification and clearance before entry into their premises,
the User shall make necessary arrangements with their security guards so that
upon presentation of suitable identification, personnel from the City, Approval
Authority and EPA will be permitted to enter, without delay, for the purposes
of performing their specific responsibilities.
Section 17.101. Harmful Contributions
(a) The City may suspend the wastewater treatment service and/or a Wastewater
Contribution Permit when such suspension is necessary, in the opinion of the
City, in order to stop an actual or threatened discharge that presents or may
present an imminent or substnatial endangerment to the health or welfare of
persons, to the environment, causes Interference to the POTW or causes the
City to violate any condition of its NPDES Permit.
(b) Any person notified of a suspension of the wastewater treatment service
and/or the Wastewater Contribution Permit shall immediately stop or eliminate
the contribution. In the event of a failure of the person to comply volun-
tarily with the suspension order, the City shall take such steps as deemed
necessary including immediate severance of the sewer connection, to prevent
or minimize damage to the POTW system or endangerment to any individuals.
The City shall reinstate the Wastewater Contribution Permit and/or the waste-
water treatment service upon proof df the elimination of the non-complying
discharge. A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence shall be submitted to the City within 15 days of the date of
occurrence.
Section 17.102. Show Cause Hearing
(a) The City may order any User who causes or allows an unauthorized discharge
to enter the POTW to show cause before the City Council why the proposed
enforcement action should not be taken. A notice shall be served on the
User specifying the time and place of a hearing to be held by the City
Council regarding the violation, the reasons why the action is to be
taken, the proposed enforcement action, and directing the User to show
cause before the City Council why the proposed enforcement action should
not be taken. The notice of the hearing shall be served personally or
by certified mail (return receipt requested) at least four (4) days
before the hearing. Service may be made on any agent or officer of a
corporation.
(b) The City Council may itself conduct the hearing and take the evidence,
or may designate any of its members or any officer or employee to:
(1) Issue in the name of the City Council notices of hearings request-
ing the attendence and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including trans-
cripts and other evidence, together with recommendations to the
City Council for action thereon.
(c) At any hearing held pursuant to this Ordinance, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to the
hearing upon payment of the usual charges thereof.
(d) After the City Council has reviewed the evidence, it may issue an order
to the User resonsible for the discharge directing that, following a
specified time period, the sewer service be discontinued unless adequate
treatment facilities, devices or other related appurtenances shall have
been installed on existing treatment facilities, devices or other related
appurtenances are properly operated. Further orders and directives as
are necessary and appropriate may be issued.
Section 17.103. Legal Action
If any person discharges sewage, industrial wastes or other wastes into the
city's wastewater disposal system contrary to the provisions of this Ordinance,
Federal or State Pretreatment Requirements, or any order of the City, the City
Attorney may commence an action for appropriate legal and/or equitable relief
in the Court of appropriate jurisdiction.
Section 17.110. Confidential Information
Information and data on a User obtained from reports, questionnaires, permit
applications, permits and monitoring programs and from inspections shall be
available to the public or other governmental agency without restriction
unless the User specifically requests and is able to demonstrate to the
satisfaction of the City that the release of such information would divulge
information, processes or methods of production entitled to protection as
trade secrets of the User.
When requested by the person furnishing a report, 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 upon
written request to governmental agencies for uses related to this Ordinance,
the National Pollutant Discharge Elimination System (NPDES) Permit, State
Disposal System permit and/or the Pretreatment Programs; provided, however,
that such portions of a report shall be available for use by the State or
any state agency in judicial review or enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteris-
tics will not be recognized as confidential information.
Information accepted by the City as confidential, shall not be transmitted
to any governmental agency or to the general public by the City until and
unless a ten-day notification is given to the User.
Section 17.111. Falsifying Information
It shall be an offense for any person to knowingly make any false statement,
representation or certification in any application, record, report, plan or
other document filed or required to be maintained pursuant to this Ordinance,
or Discharge Permit, or who falsify, tamper with, or knowingly render inac-
curate any monitoring device or method required under this Ordinance.
Section 17.112. Penalty
It shall be unlawful to do or perform any act prohibited hereby and it shall
be unalwful to fail to do or perform any act required hereby. Upon conviction
any violation hereof shall be punished by a fine not exceeding two hundred
dollars ($200.00). Each day's violation hereof shall constitute a separate
offense.
Section 17.113. Public'Nuisance
It shall be a public nuisance to violate the terms of this Ordinance.
Section 17.114. Savings Clause
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
The validity of any section, clause, sentence or provision of this article
shall not affect the validity of any other part of this article, which can
be given without invalidated part or parts.
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