Loading...
City Atty. to TCEQ 3-10March 18, 2010 Hur`itsville Incorporated in 1845 under he Republic of Texas Texas Commission on Environmental Quality c/o Ms. Jaya Zyman-Ponebshek Team Leader, Storm Water & Pretreatment Team Water Quality Division (MC 148) P. 0. Box 13087 Austin, Texas 78711-3087 Dear Ms. Zyman-Ponebshek: As the attorney for the City of Huntsville, I submit the following statement pursuant to the requirements contained in the Code of Federal Regulations (CFR) Section 403.9(b)(1) regarding legal authority for the City of Huntsville ("City") to implement the City of Huntsville Pretreatment Program. The City of Huntsville, as a home rule city of the State of Texas, has authority to implement the requirements of 40 CFR Section 403.8. Under the City's Charter, Council may enact any ordinance or regulations it determines expedient for the welfare, health, morals, comfort, safety and convenience of the City. Charter for the City of Huntsville, Texas 3.01. This charter provision authorizes the City to provide a wastewater treatment system, require connections to it, and adopt regulations affecting operation of the system or pollution to any stream or ditch. See also TEXAS LOCAL GOVERNMENT CODE chapters 54, 217 and 402. The following references to the legal authority requirements of 40 CFR 403.8(f)(I) are correlated with appropriate sections of the City of Huntsville Code of Ordinances Article Ili, Section 46 which provide the required authority (sometimes referred to by Section and number). General -- Section 46-151 of the City Code of Ordinances provides that all persons inside or outside the City who use the POTW shall be made subject to such terms and conditions as the City of Huntsville may prescribe. Pursuant to this authority the City Council has adopted its Ordinance No. 2010-23 setting forth the terms and conditions upon which industrial users may connect to the system. 403.8(f)(1)(i) - Significant contributions to the POTW collection system may not be made without an industrial user first obtaining a discharge permit (Section 46, Division 4) which may contain various conditions and prohibitions (Section 46, Division 5). If there has been an increase or change in an industrial user's contribution to the system, the discharger is required to reapply for a permit to cover those changes (Section 46-296), and the Director may change the conditions of any discharge permit as circumstances may require (Section 46-269). 403.8(f)(1)(ii) - To require compliance with applicable Pretreatment Standards, the City of Huntsville may require compliance with EPA's listed general prohibitions (403.5(a)), specific prohibitions ADMINISTRATION 1212 Avenue M Huntsville, TX 77430-4608 — 936.291.5400 — 936-291-5409 fax — www.hu^twilletx.gov Our vision for the City of Huntsville is a community that is beautiful, historic, culturally Diverse, affordable, safe and well planned with great opportunity for our citizens. (403.5(b)), local limits developed to implement the general and specific standards (403.6). City Code of Ordinances Section 46-177 prohibits any discharge to a sewer which will result in a nuisance, or contamination or pollution of receiving waters. In addition, this section prohibits conditions that violate any statute, rule, regulation or ordinance of any public agency including the USEPA. Section 46-177 prohibits those discharges prohibited by EPA regulations. These sections empower the City to enforce the general and specific prohibitions contained in 40 CFR 403.5(a) and (b). When local discharge limits are developed pursuant to 403.5(c) and (d), they may be imposed by the Director as a permit condition pursuant to Section 46-179. National categorical pretreatment standards may also be imposed as a permit condition per Section 46-178, which empowers the Director to regulate discharges regulated by EPA. 403.8(f)(1)( iii) - The City has control of dischargers via a permit system authorized by Section 46, Division 4 (a permit application form appears in Program Procedures section of the City of Huntsville Pretreatment Program). 403.8(f)(1)(iv) -- The Director may, to remedy or avoid a violation of the ordinance or permit, require a user to develop a compliance schedule for installation of control technology. This requirement may also be included as a condition of obtaining a discharge permit under Section 46-267(2)(c). 403.8(f)(1)(iv)(B) -- The Director may require a user to submit all notices and self-monitoring reports required by EPA regulations through authority granted in Section 46-236 and Section 46-293. 403.8(f)(1)(v) -- The Director may carry out inspection, surveillance and monitoring procedures under authority granted in Section 46-329. 403.8(f)(1)(vi)(A) - The City of Huntsville may seek remedies for noncompliance with pretreatment standards and requirements. As a matter of general law, the City of Huntsville may seek injunctive relief for noncompliance since any such noncompliance might result in irreparable harm to the treatment plant, to the health and safety of plant workers, and to the environment; and damages at law would not be an adequate remedy. Section 46-380 provides that intentional violation of the ordinance is a offense which is punishable by a fine not to exceed $2,000.00. Additionally, Section 46-379 creates civil liability for intentional or negligent violation of City of Huntsville requirements relating to (1) pretreatment of industrial waste which would otherwise be detrimental to the treatment works or its operation, and (2) the prevention of entry of such waste into the collection system or treatment works. The civil liability may equal a sum not to exceed $ 2,000.00 per day per violation. 403.8(f)(1)(vi)(B) -- The Director may, under Section 46-358, temporarily suspend a discharge permit or impose temporary restrictions on discharges where continued discharges would jeopardize the ability of the treatment system to meet water quality standards, threaten damage to the sewerage system, or cause a nuisance or an unsafe condition to occur. The City gives an informal notice to the user before suspension with the opportunity to respond. The opportunity to respond may be suspended in an emergency relating to public health and safety. 403.8(f)(1)(vii) - Section 46-331 contains confidentiality requirements. As stated above, the City of Huntsville will implement the requirements of its pretreatment program and apply pretreatment standards to individual industrial users through use of a discharge permit system, and by direct enforcement of its wastewater standards ordinance. A description of the exact ADMINISTRATION 1212 Avenue M Huntsville, TX 77430-4608 — 936.291.5400 — 936-291-5409 fax — www.h� `s: iiletx.gcv Our vision for the City of Huntsville is a community that is beautiful, historic, culturally Diverse, affordable, safe and well planned with great opportunity for our citizens. procedures to be used in implementing the pretreatment program is provided in the Program Procedures portion of the City of Huntsville Pretreatment Program. The City of Huntsville intends to ensure compliance with pretreatment standards and requirements through an inspection and sampling program authorized under Section 46, Division 7 of the City Code of Ordinances, which would allow for the determination of noncompliance with discharge limitations and requirements independent of information supplied by the industrial user. The inspection and sampling program is described in the Program Procedures portion of this submission. Those violating permit conditions will be ordered to "Cease and Desist" (Section 46-357) and are subject to having service terminated (Section 46-359) and their permit revoked (Section 46-271). The City of Huntsville is prepared to take court action where necessary to enforce compliance with its ordinance, permits or orders. Sincerely, Ross, Banks, May, Cron & Cavin, P.C. (- L- nard V. Schneider "City Attorneys City of Huntsville ADMINISTRATION 1212 Avenue M Huntsville, TX 77430-4608 — 936.291.5400 — 936-291-5409 fax — www.huntsvilletx.gov Our vision for the City of Huntsville is a community that is beautiful, historic, culturally Diverse, affordable, safe and well planned with great opportunity for our citizens.