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Exhibit A - Chap 46 ARTICLE IIIEXHIBIT “A” TO ORDINANCE 2010-23 ARTICLE III.  INDUSTRIAL WASTEWATER STANDARDS* __________ *State law references:  Criteria and standards for the National Pollutant Discharge Elimination System, 30 Tex. Admin. Code § 308.1 et seq.  __________ DIVISION 1.  GENERALLY Sec. 46-151.  Purpose and policy. (a)   This article applies to all users, inside or outside of the city, who use the city's publicly owned treatment works (POTW). The purpose of this article is to enable the city to comply with the applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). The objectives of the article are: (1)   To prevent the introduction of pollutants into the POTW that will interfere with its operation; (2)   To prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW; (3)   To protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public; (4)   To promote reuse and recycling of industrial wastewater and sludge for the POTW; (5)   To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and (6)   To enable the city to comply with its Texas Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject. (b)   This article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Code 1961, § 33.01.01; Ord. No. 95-00, 3-21-1995; Ord. No. 95-09, 3-21-1995) Sec. 46-152.  Administration. Except as otherwise provided herein, the director of public utilities shall administer, implement and enforce the provisions of this article. Any powers granted to or duties imposed upon the director of public utilities may be delegated by the director of public utilities to other city personnel. (Code 1961, § 33.01.02; Ord. No. 95-09, 3-21-1995) Sec. 46-153.  Abbreviations. The following abbreviations, when used in this article, shall have the designated meanings: TABLE INSET: 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      NPDES permit    National Pollutant Discharge Elimination System permit issued pursuant to section 402 of the Clean Water Act     O&M    Operation and maintenance     POTW    Publicly owned treatment works     SIU    Significant industrial user     SWDA    Solid Waste Disposal Act     TSS    Total suspended solids     USC    United States Code     (Code 1961, § 33.01.03; Ord. No. 95-09, 3-21-1995) Sec. 46-154.  Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 90-day compliance report means a report submitted by categorical industrial users within 90 days following the date for final compliance with the standards. This report must contain flow measurement (or regulated process streams and other streams), measurement of pollutants, and a certification as to whether the categorical standards are being met.  Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251 et seq.  Approval authority means the EPA regional director.  Authorized representative of the user means:  (1)   If the user is a corporation: a.   The president, secretary, treasurer, or a vice-president of the corporation in charge of a principle business function, or any other person who performs similar policy or decision-making functions for the corporation; or b.   The manager of one or more manufacturing, production, or operation facilities employing more than 250 person or having a gross annual sales or expenditures exceeding $25,000,000.00 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2)   If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively. (3)   If the user is a federal, state or local governmental facility, a director or highest official appointed of designated to oversee the operation and performance of the activities of the government facility, or their designee. The individuals described in subsections (1) through (3) of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city. Average monthly discharge limitation means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month. Baseline monitoring report (BMR) means a report submitted by categorical industrial users within 180 days after the effective date of an applicable categorical standard which indicates the compliance status of the user with the categorical standard.  Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).  Blowdown means the discharge of water with high concentrations of accumulated solids from boilers to prevent plugging of the boiler tubes and/or steam lines. In cooling towers, blowdown is discharged to reduce the concentration of dissolved salts in the re-circulating cooling water. Clean "make-up" water is added to dilute the dissolved solids in the system. Blowdown also includes the discharge of condensate.  Bypass means the intentional diversion of waste streams from any portion of an industrial user's pretreatment facility.  Categorical industrial user (CIU) means an industrial user subject to categorical pretreatment standards.  Categorical pretreatment standard  or  categorical standard  means any regulation containing pollutant discharge limits promulgated by EPA in accordance with section 307(b) and (c) of the Act (USC 1317) which apply to specific category of users and which appear in 40 CFR 405--471.  Chain of custody means a legal record (which may be a series of records) of each person who had possession of an environmental sample, from the person who collected the sample to the person who analyzed the sample in the laboratory and to the person who witnessed the disposal of the sample.  Combined wastestream formula (CFW)  means a means of deriving alternative categorical discharge limits in situations where process effluent is mixed with waste waters other than those generated by the regulated process prior to treatment.  Composite sample means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.  Control authority  means the City of Huntsville based on its EPA Submitted and Approved Pretreatment Program in accordance with 40 CFR 403.3(t)(1) and the requirements of 40 CFR 403.11.  Conventional pollutant means a pollutant which has been designated as conventional under section 304(a)(4) of the Act. These pollutants include: BOD, TSS, pH, fecal coliform, and oil and grease.  Daily average limit means the arithmetic average of all test or measurement results obtained during the reporting period.  Daily Maximum Limit is the highest allowable “daily discharge”.  Director means the director of public utilities for the city.  Discharge permit means a permit as described in section 46-267.  Domestic sewage means water-carried wastes normally discharging into the sanitary sewers of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free from storm surface water and industrial wastes. The "normal" sewage for the city, based on POTW design criteria, is established at average concentrations of BOD5 and TSS at not more than 250 mg/l and 300 mg/l, respectfully.  Effluent means wastewater or other liquid (raw, untreated, partially or completely treated) flowing from an industrial user to a reservoir, basin, treatment process or treatment plant.  Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official of the agency.  Existing source  means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the Act.  Flow proportional composite sample means a sampling method which combines discrete aliquots of a sample collected over time, based on the flow of the wastestream being sampled by one of two methods:  (1)   Collection of a constant sample volume at time intervals based on stream flow (e.g., 200 ml sample collected for every 5,000 gallons discharged); (2)   Collection of aliquots of varying volume, based on stream flow, at constant time intervals. Garbage means solid wastes and residue from the preparation, cooking, and dispensing of food, and from the handling, storage and sale of food products and produce.  Grab sample means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.  Hazardous waste.  For a waste to be considered a hazardous waste, it must first be designated a solid waste. Virtually all forms of wastes are considered to be solid wastes (including solids, liquids, semisolids, and contained gaseous materials) except those expressly excluded under regulatory definition, e.g. industrial effluent which is mixed with sanitary wastes in the sewer. For a solid waste to be considered hazardous it must meet one of two criteria:  (1)   It has one of the following four characteristics: ignitibility, corrosivity, reactivity, or toxicity (according to the toxicity characteristic leaching procedure (40 CFR 268 Appendix I), or (2)   It must be a listed hazardous waste in 40 CFR 261.31--261.33. Indirect discharge or discharge means the introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the Act.  Industrial user (IU) or user means a source of indirect discharge.  Industrial waste means all water-carried solids, liquids and gaseous wastes resulting from any industrial, manufacturing or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.  Influent means wastewater or other liquid (raw, untreated, partially or completely treated) flowing into a reservoir, basin, treatment process, or treatment plant.  Instantaneous Maximum Limit : The maximum concentration (or loading) of a pollutant allowed to be discharge at any time, determined from the analysis of any discharge or composite sample collected, independent of the industrial flow rate and the duration of the sampling event Interference  means a discharge which, alone or in conjunction with a discharge from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued 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.  Local limits  means effluent discharge limits applicable to industrial users of the city's system developed by the control authority in accordance with 40 CFR 403.5(c).  Maximum allowable discharge limit means:  (1)   Instantaneous:  The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of a grab sample; and  (2)   Daily:  The average value of all grab samples taken during a given calendar day. If only one grab sample has been taken, that grab sample becomes the daily maximum (as well as the instantaneous maximum). If more than one grab sample is collected on a given day, the daily maximum is the average of all the individual grab samples. A composite sample, by definition, becomes the daily maximum for the calendar day in which it is collected.  Medical waste means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.  Milligrams per liter (mg/l or ppm) means a weight to volume ratio; the milligrams per liter value multiplied by the factor of 8.33 shall be equivalent to pound per million gallons of water.  National categorical pretreatment standard, pretreatment standard or standard  means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act, which applies to industrial users. The term "national categorical pretreatment standard" includes prohibitive discharge limits established pursuant to section 403.5 of the Act.  New source means any:  (1)   Building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source is such standards are thereafter promulgated in accordance with that section, provided that: a.   The building, structure, facility or installation is constructed at a site at which no other source is located; b.   The building structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c.   The production or wastewater generating process of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1)b or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment. (2)   Construction of a new source has commenced if the owner or operator has: a.   Begun, or caused to begin as part of a continuous on-site construction program: 1.   Any placement, assembly, or installation of facilities or equipment; or 2.   Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or b.   Entered in a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection. Noncontact cooling water means water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product.  Pass through means a discharge that exits the POTW into a watercourse in quantities or concentrations that, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).  Periodic compliance report means a report submitted at least twice annually by each significant industrial user regulated under the local pretreatment program that indicates the nature and concentration of pollutants in the effluent which are limited by applicable pretreatment standards. In addition, the periodic report must indicate a record of measured or estimated average maximum daily flows for the reporting period.  Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. The term "person" includes all federal, state, and local government entities.  pH means a measure of the acidity or alkalinity of a solution, expressed in standard units.  Pollutant  means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, toxicity, odor).  Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.  Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.  Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.  Pretreatment standards or standards means prohibited discharge standards, categorical pretreatment standards, and local limits.  Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct, or waste product.  Prohibited discharge standards or a prohibited discharge means absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 46-177.  Public sewer means a sewer controlled by the city.  Publicly owned treatment works or POTW means a treatment works as defined by section 212 of the Act (33 USC 1292), that is owned by the city. The term "publicly owned treatment works" or "POTW" includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant.  Regulated wastestream means an industrial process wastestream regulated by a national categorical pretreatment standard.  Sanitary sewer means a sewer that conveys wastewater, and into which storm waters, surface waters and ground waters or unpolluted industrial wastes are not intentionally passed.  Self-monitoring means sampling and analysis performed by the industrial user to ensure compliance with the permit or other regulatory requirement.  Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.  Sewage means human excrement and gray water (household showers, dishwashing operations, etc.).  Sewer service charge means the charge made on all users of the public sewer whose wastes do not exceed in strength the concentration values established in this article.  Significant industrial user means:  (1)   A user subject to categorical pretreatment standards; or (2)   A user that: a.   Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); b.   Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or c.   Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. Upon finding that a user meeting the criteria in this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in a response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. Significant noncompliance means an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:  (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; (2)   Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); (3)   Any other violation of a pretreatment 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); (4)   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 408.8(f)(1)(vi)(B) to halt or prevent such a discharge; (5)   Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in an enforcement order for starting construction, completing construction, or attaining final compliance; (6)   Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7)   Failure to accurately report noncompliance; or (8)   Any other violation or group of violations that the city determines will adversely affect the operation or implementation of the local pretreatment program. Sludge means the settleable solids intentionally separated from liquid waste streams during treatment typically under quiescent conditions, and the unintentional accumulation of solids in tanks and reservoirs associated with production and manufacturing processes.  Slug discharge control plan means a plan designed to prevent the uncontrolled discharge of raw pollutants or materials (e.g., a dairy spill of milk may disrupt a small POTW and would have to be reported even though milk is not a "pollutant") into the POTW. Every significant industrial user is required to be evaluated, at least every two years, for the necessity of instituting such a control plan.  Slug load or slug means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 46-177 or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.  Standard industrial classification  or  SIC  means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.  Storm sewer means a sewer that carries storm waters and surface waters and drainage, but excludes domestic sewage and industrial wastes.  Storm water means any flow occurring during or following any form of natural precipitation, and resulting there from, including snowmelt.  Storm water runoff means that portion of the rainfall that is drained into the storm sewers or conveyed by surface flow to manmade or natural drainage courses.  Surcharge means the charge in addition to the sewage service charge which is made on those users whose wastes are greater in strength than the concentration values established as representative of normal charges or are greater in flow.  Surcharge limit means a base limit for the BOD5 and TSS, which when exceeded will result in a surcharge. Where surcharge limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where surcharge limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.  Total Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.  Time proportional composite sample means a sampling method which combines discrete sample aliquots of constant volume collected at constant time intervals (e.g., 200 ml samples collected every half hour for a 24-hour period). This method provides representative samples only where the sample stream flow is constant, or where the volume is manually adjusted based on stream flow variation prior to being added to the composite sample container.  Toxic pollutant  means those pollutants, or combination of pollutants, including disease-causing agents, which, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through the food chain, will, on the basis of information available to the administrator to the EPA, cause, death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. Such pollutants which have been identified as toxic are listed at 40 CFR 122 Appendix D.  User or industrial user means a source of indirect discharge.  Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.  Wastewater treatment plant or treatment plant means that portion of the POTW which is designated to provide treatment of municipal sewage and industrial waste.  (Code 1961, § 33.01.04; Ord. No. 95-09, 3-21-1995) Sec. 46-155.  Right to assess. The city may adopt reasonable charges and fees for reimbursement of costs setting up and operating the city's pretreatment program. (Code 1961, § 33.13.01; Ord. No. 95-09, 3-21-1995) Sec. 46-156.  Charges and fees. Charges and fees which may be adopted by the city include: (1)   Fees for wastewater discharge permit applications including the cost of processing such applications; (2)   Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; (3)   Fees for reviewing and responding to accidental discharge procedures and construction; and (4)   Other fees as the director may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines, and penalties chargeable by the city. (Code 1961, § 33.13.02; Ord. No. 95-09, 3-21-1995) Secs. 46-157--46-176.  Reserved. DIVISION 2.  GENERAL SEWER USE REQUIREMENTS Sec. 46-177.  Discharge to public sewers prohibited. (a)   General prohibitions.  No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.  (b)   Specific prohibitions.  No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:  (1)   Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade using the test methods specified in 40 CFR 261.21; (2)   Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.5 or greater than 10.5; (3)   Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference but in no case, solids greater than one-half inch in any dimension; (4)   Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or concentration which will cause interference with the POTW; (5)   Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40 degrees centigrade (104 degrees Fahrenheit); (6)   Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. Any discharge of such oil is limited to 100 mg/l; (7)   Any discharge of fats, oils, or greases of animal or vegetable origin in a concentration greater than 100 mg/l; (8)   Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (9)   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 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, de-ionized 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)   Discharge of storage pollutants, etc.  Storage pollutants, substances, or wastewater prohibited by this article shall not be processed or stored in such a manner that they could be discharged to the POTW.  (Code 1961, § 33.02.01; Ord. No. 95-09, 3-21-1995) Sec. 46-178.  National categorical pretreatment standards. The categorical pretreatment standards found at 40 CFR 405--471 are hereby incorporated. (1)   Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). (2)   When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e). (3)   A user may obtain a variance from the director from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (4)   A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. (Code 1961, § 33.02.02; Ord. No. 95-09, 3-21-1995) Sec. 46-179.  Local limits. (a)   The following pollutant limits are established to protect against pass through and interference. No user shall discharge wastewater containing in excess of the following Daily Maximum Limit: TABLE INSET: Arsenic    0.46 mg/l  Cadmium    0.06 mg/l  Chromium    4.73 mg/l  Cyanide    0.15 mg/l  Lead    0.10 mg/l  Molybdenum    0.03 mg/l  Nickel    1.74 mg/l  Selenium    0.03 mg/l  Silver    0.09 mg/l  Zinc    1.10 mg/l  (b)   The limits established in subsection (a) of this section apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The director may impose mass limitations in addition to, or in place of, the concentration-based limitations above. (Code 1961, § 33.02.03; Ord. No. 95-09, 3-21-1995) TBLLs for Copper and Mercury (mg/L) Pollutants of Concern NB Davidson WWTP AJ Brown WWTP Robinson Creek WWTP  Copper 0.0001 1.37 0.10  Mercury 0.0236 0.0001 0.0001  1Compliance to be measured at the Minimum Analytical Level (MAL) Sec. 46-180.  City's right of revision. The city reserves the right to establish, by title or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. In the event of the revision of local limits, notice of proposed changes will be published in the largest daily newspaper in the municipality in which the POTW is located, once they are approved by the TCEQ. In said notice, procedures for response will be outlined. (Code 1961, § 33.02.04; Ord. No. 95-09, 3-21-1995) Sec. 46-181.  Special agreement. The city reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. The industrial user (IU) may, however, request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. The IU may also request a variance from the categorical pretreatment standards from EPA. Such a request will be approved only if the IU can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard. An IU requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13. (Code 1961, § 33.02.05; Ord. No. 95-09, 3-21-1995) Sec. 46-182.  Dilution prohibited. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Code 1961, § 33.02.06; Ord. No. 95-09, 3-21-1995) Sec. 46-183.  Discharge of hauled wastes by truck, rail, or dedicated pipeline. No user shall discharge wastes, including any liquid, solid or septic tank wastes which are generated at residential, commercial or industrial facilities, to the sanitary sewer by means other than a permanent sewer connection to the public sewer system and in accordance with the provisions contained in this article. This includes wastes that are transported via truck, rail or any other transportation means. Further, the discharge of hazardous wastes (as defined in section 1004 of the Resource Conservation and Recovery Act) into a pipeline connected to the public sewer, which is dedicated to only the discharge of hazardous waste, is prohibited. (Code 1961, § 33.02.07; Ord. No. 95-09, 3-21-1995) Sec. 46-184.  Direct discharges. Unless authorized by the state natural resource conservation commission, no user shall deposit or discharge any wastewater, industrial waste, or polluted liquid on public or private property, into or adjacent to any natural outlet, natural watercourse, storm sewer, street, gutter, drainage ditch, or other area within the jurisdiction of the city. (Code 1961, § 33.02.08; Ord. No. 95-09, 3-21-1995) Secs. 46-185--46-206.  Reserved. DIVISION 3.  PRETREATMENT OF WASTEWATER Sec. 46-207.  Pretreatment facilities. (a)   Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 46-177 within the time limitations specified by EPA, the state, or director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the director for review, and shall be acceptable to the director before such facilities are constructed. (b)   The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this article. (Code 1961, § 33.03.01; Ord. No. 95-09, 3-21-1995) Sec. 46-208.  Additional pretreatment measures. (a)   Whenever deemed necessary, the director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article. (b)   The director may require any user discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. (c)   Grease, oil and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense. (d)   Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Code 1961, § 33.03.02; Ord. No. 95-09, 3-21-1995) Sec. 46-209.  Accidental discharge/slug control plans. At least once every two 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: (1)   Description of discharge practices, including non-routine batch discharges; (2)   Description of stored chemicals; (3)   Procedures for immediately notifying the director of any accidental or slug discharge, as required by section 46-297; (4)   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (5) Cost and clean-up.  Any related costs, including fines, fees or court costs, involved in the cleaning up of a slug discharge shall be paid by the industrial user causing such discharge. This shall include the costs of cleaning up the city's wastewater facilities, and the costs shall include any labor, equipment, or materials involved. The cleaning up of the city's wastewater facilities shall be completed by the city's operators or other contractors approved by the city. (Code 1961, § 33.03.03; Ord. No. 95-09, 3-21-1995) Sec. 46-210.  Tenant responsibility. Where an owner of property leases to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this article. (Code 1961, § 33.03.04; Ord. No. 95-09, 3-21-1995) Sec. 46-211.  Surcharges. (a)   A user exhibiting none of the characteristics of wastes prohibited in sections 46-177 or 46-182 other than a BOD5 or TSS concentration in excess of normal domestic sewage shall be required to pretreat the wastewater to meet the requirements of normal domestic sewage. Such wastewater may, however be accepted for treatment if all the following requirements are met: (1)   The wastewater will not adversely impact the POTW. (2)   Upon authorization to discharge, the user pays a surcharge over and above the existing sewer rates though a surcharge based on the following equation: Surcharge = (Volume) x [BOD5  /250 + TSS/300] x (Surcharge Rate) Where: Surcharge = calculated in dollars Volume = calculated in thousands of gallons/month BOD5  = Result based on 24-hour composite sample or flow proportioned composite sample if available. If analytical result is less than 250 mg/l, the value is zero. TSS = Result based on 24-hour composite sample or flow proportioned composite sample if available. If analytical result is less than 300 mg/l, the value is zero. Surcharge rate = The city's cost of treating BOD5  and TSS based on the previous fiscal year as determined in section 46-102. The purpose of a surcharge is to recover the city's cost of treating excessive BOD5 and TSS concentrations and to encourage users to reduce these loadings in their discharges. Once established, a surcharge shall be in full force and effect for a minimum period of three months unless otherwise specified by the director. (b)   The volume of wastes may be determined by the same methods used to calculate the regular sewer service charge or as a percentage (85 percent) of user's water bill. (c)   Sampling locations shall be representative of users discharge prior to the service line connection to the POTW in accordance with section 46-329. (d)   BOD5 and TSS concentrations shall be determined from actual samples collected and analyzed in accordance with sections 46-300 and 46-301. (e)   At a minimum, the user shall sample and analyze their discharge quarterly for determination of the BOD and TSS concentration discharged based on a 24-hour composite sample. The user shall provide a copy of these results to the director in the months of March, June, September and December. These results shall be used for the determination of the surcharge for the period specified. (f)   The user may substitute the BOD and TSS results as determined by the city analysis for the March and September submittal identified in subsection (d) of this section. (Code 1961, § 33.03.05; Ord. No. 95-09, 3-21-1995) Secs. 46-212--46-230.  Reserved. DIVISION 4.  WASTEWATER DISCHARGE PERMIT ELIGIBILITY Sec. 46-231.  Wastewater analysis. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The director is authorized to prepare a form for this purpose and may periodically require users to update this information. (Code 1961, § 33.04.01; Ord. No. 95-09, 3-21-1995) Sec. 46-232.  Discharge permits required. (a)   No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director, except that a significant industrial user that has filed a timely application pursuant to section 46-233 may continue to discharge for the time period specified therein. (b)   The director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article. (c)   Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in divisions 3 and 9 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law. (Code 1961, § 33.04.02; Ord. No. 95-09, 3-21-1995) Sec. 46-233.  Existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance from which this article is derived and who wishes to continue such discharges in the future, shall, within 180 days after said date, apply to the director for a wastewater discharge permit in accordance with section 46-233, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of the ordinance from which this article is derived except in accordance with a wastewater discharge permit issued by the director. (Code 1961, § 33.04.03; Ord. No. 95-09, 3-21-1995) Sec. 46-234.  New connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with section 46-236, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence. (Code 1961, § 33.04.04; Ord. No. 95-09, 3-21-1995) Sec. 46-235.  Extrajurisdictional users. (a)   Any significant industrial user located beyond the city limits shall submit a wastewater discharge permit application in accordance with section 46-236, and obtain a wastewater discharge permit before connecting to the POTW. (b)   The director may require other users located beyond the city limits to submit a wastewater discharge permit application in accordance with section 46-236, and obtain a wastewater discharge permit before connecting to the POTW. (Code 1961, § 33.04.05; Ord. No. 95-09, 3-21-1995) Sec. 46-236.  Permit applications. (a)   Information required.    (1)   All users required to obtain a wastewater discharge permit must submit a permit application. The director may require all users to submit as part of an application the following information: a.   All information required by section 46-293(b); b.   A description of activities, facilities, and plant processes on the premises, including a list of raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the POTW; c.   The number and type of employees, hours of operation, and proposed or actual hours of operation; d.   Each product produced by type, amount process or processes, and rate of production; e.   The type and amount of raw materials processed (average and maximum per day); f.   Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points or discharge; g.   Time and duration of discharges; h.   Any other information as may be deemed necessary by the director to evaluate the wastewater discharge permit application. (2)   The permit application must be signed by authorized representative in accordance with section 46-304. (3)   Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (b)   Permit decisions.  The director will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the director will determine whether or not to issue a wastewater discharge permit subject to the terms and conditions provided herein. The director may deny any application for a wastewater discharge permit.  (Code 1961, § 33.04.06; Ord. No. 95-09, 3-21-1995) Secs. 46-237--46-265.  Reserved. DIVISION 5.  WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS Sec. 46-266.  Permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit maybe issued for a period less than five years, at the discretion of the director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (Code 1961, § 33.05.01; Ord. No. 95-09, 3-21-1995) Sec. 46-267.  Permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. (1)   Wastewater discharge permits must contain: a.   A statement that indicates wastewater discharge permit duration, which in no event shall exceed not more than five years; b.   A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with section 46-270, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; c.   Effluent limits based on applicable pretreatment standards; d.   Self-monitoring, sampling, reporting, notification, and recordkeeping 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 e.   A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal or local law. (2)   Wastewater discharge permits may contain, but need not be limited to, the following conditions: a.   Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; b.   Limits on the instantaneous, daily, and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties; c.   Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designated to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; d.   Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges; e.   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; f.   The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; g.   Requirements for installation and maintenance of inspection and sampling facilities and equipment; h.   A statement of compliance that the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; i.   Other conditions as deemed appropriate by the director to ensure compliance with this article, and state and federal laws, rules, and regulations. (Code 1961, § 33.05.02; Ord. No. 95-09, 3-21-1995) Sec. 46-268.  Permit public notification and appeals. (a)   Public notification.  Once a permit decision has been made and drafted, the director will provide notice of intent to issue a pretreatment permit by including it on a city council agenda. A permit will not be issued until after the meeting is held. The notice will indicate a location where the draft permit may be reviewed and an address where comments may be submitted.  (b)   Appeals.  The director will provide all interested persons with notice of final permit decisions. Upon notice by the director, any citizen, including the user, may appeal that decision to city council.  (1)   The appeal must be filed within ten days of the permit decision of the director. Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal. (2)   In its notice of appeal to the council, the appealing party must indicate the permit provisions and findings objected to, the reasons for the objections, and the permit action that the appealing party deems appropriate. (3)   The effectiveness of the permit shall not be stayed pending 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 city council fails to act within 60 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review. (5)   Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the state district court in the county within 30 days. (Code 1961, § 33.05.03; Ord. No. 95-09, 3-21-1995) Sec. 46-269.  Permit modifications. The director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1)   To incorporate any new or revised federal, state, or local pretreatment standards or requirements; (2)   To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; (3)   A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; (4)   Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters; (5)   Violation of any terms or conditions of the wastewater discharge permit; (6)   Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (7)   Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; (8)   To correct typographical or other errors in the wastewater discharge permit; (9)   To reflect a transfer of the facility ownership or operation to a new owner or operator; or (10)   Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or notification of planned changes or anticipated noncompliance, does not stay any permit condition. (Code 1961, § 33.05.04; Ord. No. 95-09, 3-21-1995) Sec. 46-270.  Permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the director and the director approves the wastewater discharge permit transfer. The notice to the director must include a written certification by the new owner or operator which: (1)   States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; (2)   Identifies the specific date on which the transfer is to occur; and (3)   Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (Code 1961, § 33.05.05; Ord. No. 95-09, 3-21-1995) Sec. 46-271.  Permit revocation. In addition to any other enforcement action provided for by this division, the director may revoke or deny reissuance of any permit issued under this division for one or more of the following reasons: (1)   Failure to notify the director of significant changes to the wastewater prior to the changed discharge; (2)   Failure to provide prior notification to the director of changed conditions pursuant to section 46-296; (3)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (4)   Falsifying self-monitoring reports; (5)   Tampering with monitoring equipment; (6)   Refusing to allow the director timely access to the facility premises and records; (7)   Failure to meet effluent limitations; (8)   Failure to pay fines; (9)   Failure to pay sewer charges; (10)   Failure to meet compliance schedules; (11)   Failure to complete a wastewater survey or the wastewater discharge permit application; (12)   Failure to provide advance notice of the transfer of business ownership of a permitted facility; or (13)   Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. (Code 1961, § 33.05.06; Ord. No. 95-09, 3-21-1995) Sec. 46-272.  Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 46-236, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit. (Code 1961, § 33.05.07; Ord. No. 95-09, 3-21-1995) Secs. 46-273--46-292.  Reserved. DIVISION 6.  COMPLIANCE REPORTING Sec. 46-293.  Baseline monitoring reports. (a)   Monitoring information required.  Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in subsection (b) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit to the director a report which contains the information listed in subsection (b) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.  (b)   Additional information.  Users described above shall submit the following information:  (1)   Identifying information.  The name and address of the facility, including the name of the operator and owner.  (2)   Environmental permits.  A list of any environmental control permits held by or for the facility.  (3)   Description of operations.  A brief description of the nature, average rate of production, and standard industrial classification of the operation carried out by such user. The description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.  (4)   Flow measurement.  Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).  (5)   Measurement of pollutants.    a.   The categorical pretreatment standards applicable to each regulated process. b.   The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 46-300. c.   Sampling must be performed in accordance with procedures set out in section 46-301. (6)   Certification.  A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a constant basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.  (7)   Compliance schedule.  If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this compliance schedule:  a.   The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); b.   No increment referred to in subsection (b)(7) of this section shall exceed nine months; c.   The user shall submit a progress report to the director no later than 14 days following each date in the schedule and final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and justified by 40 CFR 403.12(c); d.   In no event shall more than nine months elapse between such progress reports to the director. (8)   Signature and certification.  All baseline monitoring reports must be signed and certified in accordance with section 46-304.  (Code 1961, § 33.06.01; Ord. No. 95-09, 3-21-1995) Sec. 46-294.  Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in section 46-293(b)(4)--(6). For users subject to equivalent mass or concentration limits established in accordance with procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 46-304. (Code 1961, § 33.06.02; Ord. No. 95-09, 3-21-1995) Sec. 46-295.  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 46-304. (b)   All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (c)   If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in section 46-301, the results of this monitoring shall be included in the report. (Code 1961, § 33.06.03; Ord. No. 95-09, 3-21-1995) Sec. 46-296.  Reports on changed conditions. Each user must notify the director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. (1)   The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 46-236. (2)   The director may issue a wastewater discharge permit under division 5 of this article or modify an existing wastewater discharge permit under section 46-269 in response to changed conditions or anticipated changed conditions. (3)   For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20 percent or greater, and the discharge of any previously unreported pollutants. (Code 1961, § 33.06.04; Ord. No. 95-09, 3-21-1995) Sec. 46-297.  Reports of potential problems. (a)   In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (b)   Within five days following such discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article. (c)   A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (a) of this section. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. (Code 1961, § 33.06.05; Ord. No. 95-09, 3-21-1995) Sec. 46-298.  Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may require. (Code 1961, § 33.06.06; Ord. No. 95-09, 3-21-1995) Sec. 46-299.  Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation: (1)   The user must notify the director within 24 hours of becoming aware of the violation. (2)   The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation, unless the user already samples on a monthly frequency, or if the director samples between the user's initial sampling and when the user receives the results of this sampling. (3)   The actions described in subsections (1) and (2) of this section are not required for BOD5  and TSS monitoring when the surcharge limit is exceeded. (Code 1961, § 33.06.07; Ord. No. 95-09, 3-21-1995) Sec. 46-300.  Analytical requirements. All pollutant analysis, including sampling and sample preservation techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by the EPA. (Code 1961, § 33.06.08; Ord. No. 95-09, 3-21-1995) Sec. 46-301.  Sample collection. (a)   Except as indicated in subsection (b) of this section, 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 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. (Code 1961, § 33.06.09; Ord. No. 95-09, 3-21-1995) Sec. 46-302.  Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility served by the United States Postal Service, the date of receipt of the report shall govern. (Code 1961, § 33.06.10; Ord. No. 95-09, 3-21-1995) Sec. 46-303.  Recordkeeping. (a)   Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person taking the samples; the dates analysis were performed; who performed the analysis; the analytical techniques or methods used; and the results of such analysis. The records shall remain available for a period of at least three years. In addition, any records of activities evaluating the need for an IU to develop a slug discharge plan must be maintained by the CA and made available to the AA upon request. (b)   This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the director. (Code 1961, § 33.06.11; Ord. No. 95-09, 3-21-1995) Sec. 46-304.  Certification required. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (Code 1961, § 33.06.12; Ord. No. 95-09, 3-21-1995) Sec. 46-305.  Falsifying information. Knowingly making any false statement and any report or other document required by this article or knowingly rendering any monitoring device or method inaccurate is a crime and may result in the imposition of criminal sanctions and/or civil penalties. (Code 1961, § 33.06.13; Ord. No. 95-09, 3-21-1995) Secs. 46-306--46-328.  Reserved. DIVISION 7.  COMPLIANCE MONITORING Sec. 46-329.  Right of entry; inspection and sampling. The director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, record examination and copying, and the performance of any additional duties. Significant industrial users shall be inspected and sampled at least once per year. (1)   Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director will be permitted to enter without delay for the purposes of performing specific responsibilities. (2)   The director, the state or the EPA shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. (3)   The director may require the user to install, at its own expense, an approved manhole or sampling point. Such manhole or sampling point shall be accessible and safe, and located such that the samples may be taken immediately downstream from the pretreatment facilities if such exist, or immediately downstream from the regulated process if no pretreatment exists, and shall be constructed in accordance with plans approved by the director. (4)   The director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure accuracy. (5)   Any temporary of permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be borne by the user. (6)   Unreasonable delays in allowing the director access to the user's premises shall be a violation of this article. (7)   The director or duly authorized representative shall observe all safety rules applicable to the user's facility during inspections and sampling events. (Code 1961, § 33.07.01; Ord. No. 95-09, 3-21-1995) Sec. 46-330.  Search warrants. (a)   If the director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city attorney shall petition the municipal court judge to issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the director in the company of a uniformed police officer of the city. (b)   In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. (Code 1961, § 33.07.02; Ord. No. 95-09, 3-21-1995) Sec. 46-331.  Confidential information. Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs and from the director's inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data by stamping the words "confidential business information" on each page containing such information. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES and state discharge and/or pretreatment program, and in enforcement proceedings involving the user furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined by 40 CFR 2.302, will not be recognized as confidential information and will be made available to the public without restriction. (Code 1961, § 33.07.03; Ord. No. 95-09, 3-21-1995) Sec. 46-332.  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 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean: (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; (2)   Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); (3)   Any other violation that the director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; (4)   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the director's exercise of its emergency authority to halt or prevent such a discharge; (5)   Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance; (6)   Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7)   Failure to accurately report noncompliance; or (8)   Any other violation which the director determines will adversely affect the operation or implementation of the local pretreatment program. (Code 1961, § 33.07.04; Ord. No. 95-09, 3-21-1995) Secs. 46-333--46-352.  Reserved. DIVISION 8.  ADMINISTRATIVE ENFORCEMENT REMEDIES Sec. 46-353.  Notification of violation. When the director finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standards or requirement, the director may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Code 1961, § 33.08.01; Ord. No. 95-09, 3-21-1995) Sec. 46-354.  Consent orders. The director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 46-356 and 46-357 and shall be judicially enforceable. (Code 1961, § 33.08.02; Ord. No. 95-09, 3-21-1995) Sec. 46-355.  Show cause hearing. The director may order a user who has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such actions, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail, return receipt requested, at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Code 1961, § 33.08.03; Ord. No. 95-09, 3-21-1995) Sec. 46-356.  Compliance orders. When the director finds that a user has violated, or continues to violate, any provisions of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not exceed the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Code 1961, § 33.08.04; Ord. No. 95-09, 3-21-1995) Sec. 46-357.  Cease and desist orders. (a)   When the director finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations, and directing the user to: (1)   Immediately comply with all requirements; and (2)   Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. (b)   Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Code 1961, § 33.08.05; Ord. No. 95-09, 3-21-1995) Sec. 46-358.  Emergency suspensions. The director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. (1)   Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings in section 46-359 are initiated against the user. (2)   A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hearing under section 46-355 or 46-359, respectively. (3)   Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this division. (Code 1961, § 33.08.06; Ord. No. 95-09, 3-21-1995) Sec. 46-359.  Termination of discharge. In addition to the provisions in section 46-271, any user who violates the following conditions is subject to discharge termination: (1)   Violation of wastewater discharge permit conditions; (2)   Failure to accurately report the wastewater constituents and characteristics of its discharge; (3)   Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; (4)   Refusal of reasonable access to the user's premises for the purpose of inspection monitoring, or sampling; or (5)   Violation of the pretreatment standards in section 46-177. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 46-272 why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user. (Code 1961, § 33.08.07; Ord. No. 95-09, 3-21-1995) Secs. 46-360--46-376.  Reserved. DIVISION 9.  JUDICIAL ENFORCEMENT REMEDIES Sec. 46-377.  Consent decree. When the director finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard of requirement, the director and the industrial user may petition the state district court or county court at law for a consent agreement for the actions required to attain compliance with the wastewater discharge permit, order, or other requirement imposed by this article. (Code 1961, § 33.09.01; Ord. No. 95-09, 3-21-1995) Sec. 46-378.  Injunctive relief. When the director finds that a user has violated a pretreatment standard or requirement, or continues to violate the provisions of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may petition the state district court or county court at law through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Code 1961, § 33.09.02; Ord. No. 95-09, 3-21-1995) Sec. 46-379.  Civil penalties. (a)   A user who has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a civil penalty of not less than $50.00 or more than $2,000.00 per violation per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation. (b)   The director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the city. (c)   In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (d)   Any user discharging a pollutant which results in the imposition of penalties by any user or regulatory authority on the city shall be liable for said penalties and any other costs incurred thereby. (e)   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Code 1961, § 33.09.03; Ord. No. 95-09, 3-21-1995) Sec. 46-380.  Criminal prosecution. (a)   A user commits an offense if the user willfully or negligently violates any provision of this article, a wastewater discharge permit, or other order issued hereunder, or any other pretreatment standard or requirement. (b)   A user commits an offense if the user willfully or negligently introduces any substance into the POTW which causes personal injury or property damage. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (c)   A user commits an offense if the user knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation files, or required to be maintained, pursuant to this article, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article. (d)   Any offense under this article shall be punishable by a fine not to exceed $2,000.00. (e)   The city is entitled to pursue all other civil and criminal remedies to which it is entitled under the authority of statutes or this Code against a person user continuing prohibited discharges or violating any other provision of this article. (Code 1961, § 33.09.04; Ord. No. 95-09, 3-21-1995) Sec. 46-381.  Remedies nonexclusive. The remedies provided for in this article are not exclusive. The city reserves the right to take all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. The director may, however, take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. (Code 1961, § 33.09.05; Ord. No. 95-09, 3-21-1995) Secs. 46-382--46-405.  Reserved. DIVISION 10.  SUPPLEMENTAL ENFORCEMENT ACTION Sec. 46-406.  Performance bonds. The director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance. (Code 1961, § 33.10.01; Ord. No. 95-09, 3-21-1995) Sec. 46-407.  Water supply severance. Whenever a user has violated or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence at the user's expense, after it has satisfactorily demonstrated its ability to comply. (Code 1961, § 33.10.02; Ord. No. 95-09, 3-21-1995) Sec. 46-408.  Public nuisances. A violation of any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the director. (Code 1961, § 33.10.03; Ord. No. 95-09, 3-21-1995) Sec. 46-409.  Increased monitoring and reporting. When a user has demonstrated a history of noncompliance, the director may increase surveillance of that industry, including, but not limited to, additional self-monitoring and reporting. (Code 1961, § 33.10.04; Ord. No. 95-09, 3-21-1995) Secs. 46-410--46-431.  Reserved. DIVISION 11.  AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS Sec. 46-432.  Act of God Defense. (A) The Act of God Defense constitutes a statutory affirmative defense [Texas Water Code 7.251] in an action brought in municipal or State court. If a user can establish that an event that would otherwise be a violation of a pretreatment ordinance, or a permit issued under that ordinance, was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of the ordinance or permit. (B) An industrial user who wishes to establish the Act of God affirmative defense shall demonstrate, through relevant evidence that: (1) An event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance occurred, and the sole cause of the event was an act of God, war, strike, riot or other catastrophe; and (2) The industrial user has submitted the following information to the POTW and the City within 24 hours of becoming aware of the event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance (if this information is provided orally, a written submission must be provided within five days): (a) a description of the event, and the nature and cause of the event; (b) the time period of the event, including exact dates and times or, if still continuing, the anticipated time the event is expected to continue; and (c) steps being taken or planned to reduce , eliminate and prevent recurrence of the event. (C) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the Act of God affirmative defense shall have the burden of proving by a preponderance of the evidence that an event that would otherwise be a violation of a pretreatment ordinance or a permit issued under that ordinance, was caused solely by an act of God, war, strike, riot or other catastrophe.(Code 1961, § 33.11.01; Ord. No. 95-09, 3-21-1995) Sec. 46-433.  Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in section 46-177 if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1)   A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (2)   No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES and/or state permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Code 1961, § 33.11.02; Ord. No. 95-09, 3-21-1995) Sec. 46-434.  Bypass. (a)   The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.  Severe property damage  means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.  (b)   A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of subsections (c) and (d) of this section. (c)   If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least ten days before the date of the bypass, if possible. (d)   A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. (e)   Bypass is prohibited, and the director may take an enforcement action against a user for a bypass, unless: (1)   Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2)   There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3)   The user submitted notices as required under subsection (c) of this section. (f)   The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed in subsection (e) of this section. (Code 1961, § 33.11.03; Ord. No. 95-09, 3-21-1995) Secs. 46-435--46-451.  Reserved. DIVISION 12.  INDUSTRIAL SEWER RATES Sec. 46-452.  Sewer service rates. When a user's wastewater discharge is acceptable for treatment by the city's POTW, the user shall provide payment for sewer service which covers the costs of receiving, handling, and treating such wastewater. Rates for service shall be as approved by council as shown in section 46-70. (Code 1961, § 33.12.01; Ord. No. 95-09, 3-21-1995) Sec. 46-453.  Metering. In the event that any user discharging to the city's POTW is supplied partially or entirely by water not supplied by the city, and the water so supplied is not completely measured by a city water meter, or a meter acceptable to the director, then the total amount of water so used and supplied shall be otherwise measured or determined by the director in order to determine the fair and reasonable charge to be made for sewer service provided. The user may install and maintain a meter acceptable to the director for said purpose. In the interest of equity, the director may require the discharger to provide an acceptable measuring device at a location accessible for reading and checking to determine the quantity of waste being discharged. (Code 1961, § 33.12.02; Ord. No. 95-09, 3-21-1995) Sec. 46-454.  Rate review. Sewer rates shall be reviewed periodically and shall be adjusted as necessary in accordance with state and federal regulations for the determination of such rates. (Code 1961, § 33.12.03; Ord. No. 95-09, 3-21-1995) Sec. 46-455.  Billing of surcharges. Surcharges shall be included as a separate item on the user's regular bill for water and sewer charges and shall be paid monthly in accordance with existing practices. Surcharges shall be paid at the same time the sewer charges of the user become due and payment for sewer services shall not be accepted without payment also of sewer service. User's failing to pay all charges will be subject to enforcement actions as found in divisions 8 and 9 of this article. (Code 1961, § 33.12.04; Ord. No. 95-09, 3-21-1995)