ORD 1989-33 - Alters Industrial Waste Regulations 10-24-1989ORDINANCE NO. 89- 323
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING CHAPTER 17, WATER AND SEWERS, OF ITS CODE OF ORDINANCES
TO ALTER AND PROVIDE CERTAIN DEFINITIONS RELATING TO INDUSTRIAL
WASTE REGULATIONS; TO ALTER SITE SPECIFIC EFFLUENT/INFLUENT
STANDARDS FOR ZINC AND THALLIUM; TO ALTER SIGNATORY REQUIREMENTS OF
DOCUMENTS PROVIDED TO AND APPROVED BY THE CITY; TO ALTER THE
SURCHARGE COST OF VIOLATING DISCHARGE STANDARDS; TO PROHIBIT
BYPASSES EXCEPT UNDER LIMITED CIRCUMSTANCES; AND TO INCREASE THE
PENALTY FOR VIOLATIONS UP TO $1,000 PER DAY; PROVIDING FOR
PUBLICATION; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED
THERETO.
WHEREAS the City intends to make changes to its industrial waste ordinance
recommended or required by the U.S. Environmental Protection Agency;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT:
Section 1: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by the adoption of a new
section 17-50, Scope, Purpose and Objectives of Regulations, of
Article IV. Discharge of Nondomestic Wastes, that shall read as
follows:
Sec. 17-50. Scope, Purpose and Objectives of Regulations.
This Division applies to the City and to all persons, inside or
outside the City, who use the City's publicly owned treatment
works. The purpose of this Division is to enable the City to
comply with applicable state and federal laws, including the Clean
Water Act. The objectives of the Division are to prevent
pollutants from interfering with the City's wastewater system, to
improve the water quality of area streams, to improve the
opportunity to recycle and reclaim wastewaters and sludges and to
equitable distribute the cost of the City wastewater system.
Section 2: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended by the repeal of
section 17-51. Definitions, as presently constituted, and by the
adoption of a new section 17-51. Definitions, that shall read as
follows:
Sec. 17-51. Definitions.
For the purpose of this article the following terms, phrases,
words and their derivations shall have the meaning given herein.
(a) Act: The Federal Water Pollution Control Act, also known as
the Clean Water Act (CWA), as amended, 33 U.S.C. 1251, et seq.
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(b) Approval Authority: The administrator of the Environmental
Protection Agency.
(c) Authorized Representative:
1. If the industrial user is a corporation, a corporate
officer, or other person performing a similar policy or
decision making function, a plant manager employing 250 or
more persons or having a gross annual sales or expenditures
in excess of $25 million, or their duly authorized
representative.
2. If the industrial user is a partnership or sole
proprietorship, a general partner or proprietor or their
duly authorized representative.
3. If the industrial user is a political entity, the
administrator, chairman, director or principal executive
responsible for operations at that facility, or their duly
authorized representative.
4. A duly authorized representative must be designated in
writing and signed by one of the above described persons.
(d) BOD: The quality of oxygen expressed in milligrams per
liter, utilized in the biochemical oxidation of organic matter
under standard laboratory conditions for five (5) days at a
temperature of twenty (20) degrees centigrade. The laboratory
determinations shall be made in accordance with procedures set
forth in "Standard Methods."
(e) Building Drain: That part of the lowest horizontal piping
of a drainage system which receives the discharge from soil, waste
and other drainage pipes of the building and conveys to the
building sewer, beginning three (3) feet outside the inner face of
the building wall.
(f) Building Sewer: The extension from the building drain to
the sanitary sewer or other place of disposal.
(g) Bypass: The intentional diversion of waste streams from any
portion of an industrial users treatment facility.
(h) COD: The measure of the oxygen consuming capacity of
inorganic and organic matter present in water or wastewater,
expressed in mg /1 as the amount of oxygen consumed from a chemical
oxidant in a specific test. The laboratory determinations shall
be made in accordance with procedures set forth in "Standard
Methods."
(i) Control Authority: The director as herein defined.
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(j) Cooling Water: The water discharged from any use such as
air conditioning, cooling or refrigeration, or to which the only
pollutant added is heat.
(k) Director: The director of public utilities for the City.
(1) Discharge: The introduction of treated or untreated
wastewater into a POTW or the waters of the State.
(m) Discharge Permit: A permit as described in section 17 -70 of
this article.
(n) Domestic sewage: Water- carried wastes normally discharging
into the sanitary sewers of dwellings (including apartment houses
and hotels), office buildings, factories and institutions, free
from storm surface water and industrial wastes.
(o) EPA: The United States Environmental Protection Agency
and /or its administrators or duly authorized officials.
(p) Garbage: Solid wastes and residue from the preparation,
cooking and dispensing of food, and from the handling, storage and
sale of food products and produce.
(q) Grab sample: A sample that is taken from a waste stream on
a one -time basis with no regard to the flow in the waste stream
and without consideration of time.
(r) Holding tank waste: Any waste from holding tanks such as
vessels, chemical toilets, campers, trailers, septic tanks and
vacuum -pump tank trucks.
(s) Industrial user: A source of indirect discharge which does
not constitute a "discharge of pollutants" under regulations
issued pursuant to Section 402 of the act (33 U.S.C. 1342).
(t) Industrial waste: All water - carried solids, liquids and
gaseous wastes resulting from any industrial, manufacturing or
food processing operation or process, or from the development of
any natural resource, or any mixture of these with water or
domestic sewage as distinct from normal domestic sewage.
(u) Interference: The inhibition or disruption of the POTW
treatment processes or operations that contributes to a violation
of any requirement of the city's national pollution discharge
elimination system (NPDES) permit. The term includes prevention
of sewage sludge use or disposal by the POTW in accordance with
Section 405 of the act (33 U.S.C. 1345), or any criteria,
guidelines or regulations developed pursuant to the Solid Waste
Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act, or more stringent state criteria (including those
contained in any state sludge management plan prepared pursuant to
Title IV of SWDA) applicable to the method of disposal or use
employed by the POTW.
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(v) Milligrams per liter (mg /1 or ppm): A weight to volume
ratio; the milligrams per liter value multiplied by the factor
8.33 shall be equivalent to pounds per million gallons of water.
(w) National categorical pretreatment standard or pretreatment
standard: Any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Section 307(b) and (c)
of the act (33 U.S.C. 1347) that applies to a specific category of
industrial users.
(x) New source: Any building, structure, facility or
installation from which there is or may be a discharge of
pollutants, the construction of which commenced after the
publication of proposed Pretreatment Standards under section
307(c) of the act which will be applicable to such source if such
standards are thereafter promulgated in accordance with that
section, provided that: (1) the building, structure, facility or
installation totally replaces the process or production equipment
that causes the discharge of pollutants at an existing source; or
(2) the production or wastewater generating processes of the
building, structure, facility or installation are substantially
independent of an existing source at the same site.
(y) Person: 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 masculine gender
shall include the feminine, the singular shall include the plural
where indicated by the context.
(z) pH: The logarithm (base 10) of the reciprocal of the
hydrogen ion concentration expressed in moles per liter. It shall
be determined by one of the procedures outlined in "Standard
Methods."
(aa) Pollution: The man -made or man - induced alteration of the
chemical, physical, biological and radiological integrity of
water.
(bb) Pollutant: Any dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discharged equipment, rock, sand, cellar dirt and industrial,
municipal and agricultural waste discharged into water.
(cc) Pretreatment or treatment: The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of
the nature of pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration can be
obtained by physical, chemical, or biological processes, or
process changes other means, except as prohibited by 40 CFR
Section 403.6(d).
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(dd) Pretreatment requirements: Any substantive or procedural
requirement related to pretreatment, other than a national
pretreatment standard imposed on an industrial user.
(ee) Publicly owned treatment works (POTW): A city treatment
works as defined by Section 212 of the act, (33 U.S.C. 1292),
including any sewers that convey wastewater to the POTW treatment
plant, but does not include pipes, sewers, or other conveyances
not connected to a facility providing treatment. For the purposes
of this article, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside the city who are, by
contract or agreement with the city, users of the city's POTW.
(ff) POTW treatment plant: That portion of the POTW designed to
provide treatment to wastewater.
(gg) Public sewer: A sewer controlled by the city.
(hh) Sanitary sewer: A sewer that conveys wastewater, and into
which storm, surface and ground waters or unpolluted industrial
wastes are not intentionally passed.
(ii) Sewer service charge: The charge made on all users of the
public sewer whose wastes do not exceed in strength the
concentration values established in this article.
(jj) Shall: Mandatory (may is permissive).
(kk) Significant industrial user: Any industrial user that:
(1) has a discharge flow of twenty -five thousand (25,000)
gallons or more per average work day; or
(2) has a flow greater than five (5) percent of the
average dry weather capacity of the POTW; or
(3) has in its waters toxic pollutants as defined pursuant
to Section 307 of the act; or
(4) discharges, in the opinion of the director, wastewater
having a reasonable potential to adversely affect the POTW's
operation;
(5) provided, however, any noncategorical Industrial Use
designated as significant may petition the Control Authority
to be deleted from the list of Significant Industrial Users
on the grounds that it has no potential for adversely
affecting the POTW's operation or violating any pretreatment
standard or requirement.
(11) Sludge: Any discharge of water, sewage or industrial waste
other than toxic materials which in concentration of any given
constituent or in quantity or flow exceeds for any period of
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duration longer than fifteen (15) minutes more than five (5) times
the average twenty -four hour concentration or flows during normal
operation.
(mm) State: State of Texas.
(nn) Standard industrial classification (SIC): A classification
pursuant to the Standard Industrial Classification Manual issued
by the Executive Office of the President, Office of Management and
Budget, 1972.
(oo) Standard methods: The examination and analytical procedures
set forth in the latest edition at the time of analysis of
"Standard Methods for the Examination of Water and Sewage" as
prepared, approved and published jointly by the American Public
Health Association, the American Water Works Association and the
Water Pollution Control Federation.
(pp) Storm sewer: a sewer which carries storm and surface waters
and drainage but excludes domestic sewage and industrial wastes.
(qq) Storm water runoff: That portion of the rainfall that is
drained into the storm sewers or conveyed by surface flow to
man -made or natural drainage courses.
(rr) Surcharge: The charge in addition to the sewage service
charge which is made on those persons whose wastes are greater in
strength than the concentration values established as
representative of normal charges or are greater in flow.
(ss) Suspended solids: Solids that either float on the surface
of, or are in suspension in water, sewage or other liquids, and
which are removable by a laboratory filtration device.
Quantitative determination of suspended solids shall be made in
accordance with procedures set forth in said "Standard Methods."
(tt) Toxic pollutant: Any pollutant or combination of pollutants
listed as toxic in regulations promulgated by the administrator of
the environmental protection agency under the provisions of CWA
307(a) or other acts.
(uu) User: Any person who contributes, causes or permits the
contribution of wastewater into the city's POTW.
(vv) Wastewater: A combination of the water - carried waste from
residence, business establishments, institutions and industrial
establishments, together with such grounds, surface and storm
water as may be present.
Section 3: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended by the repeal of
subsection 17 -62(c) as presently constituted and by the addition
of a new subsection 17 -62(c) that shall read:
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Sec. 17 -62. Discharge to public sewers prohibited.
(c) Pollutants that create a fire or explosion hazard in the
POTW including, but not limited to, pollutants with a closed cup
flashpoint of less than 140 degrees Fahrenheit (60° C) as
determined by a Pensky- Martens Closed Cup Tester using the test
method specified in ATSM standard D -93 -79 or D- 93 -80K or Setaflash
Closed Cup Tester using the test method specified in ATSM standard
D- 3278 -78, and pollutants that cause an exceedance of 10% of the
lower explosive limit (LEL) at any point within the POTW.
Section 4: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended by the repeal of
subsection (j) of section 17 -62 and by the adoption of a new
subsection (j) that shall read as follows:
Sec. 17 -62. Discharge to public sewers prohibited.
(j) Compounds of the heavy metals, in solution or suspension, in
concentrations exceeding the following, analytical results to be
express in terms of the element indicated:
mg /L
Cadmium .06
Chromium III 11.60
Copper .16
Lead .07
Nickel 1.12
Zinc .34
Thallium .12
Section 5: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, by the repeal of subsection (v) of
section 17 -62 and by the adoption of new subsections (v), (w), and
(x) of section 17 -62 that shall read as follows:
Sec. 17 -62. Discharge to public sewers prohibited.
[It shall be an offense for any person to discharge into any
public sewer:]
(v) Pollutants that result in the presence of toxic gases,
vapors, or fumes within the POTW in a quantity that may cause
acute workers health and safety problems.
(w) Any trucked or hauled pollutants, except at discharge points
designated by the POTW.
(x) Any wastewater that causes a hazard to human life or creates
a public nuisance.
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Section 6: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended by the addition of a
new section 17 -66. Certain bypasses prohibited, that shall read as
follows:
Sec. 17 -66. Certain bypasses prohibited
(a) A person commits an offense if he knowingly or intentionally
diverts any wastestream from any portion of an industrial users
treatment facility.
(b) It is an affirmative defense to prosecution if:
(1) the bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
(2) there was 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; and
(3) the director was notified prior to an anticipated
bypass or within twenty -four (24) hours the person becomes
aware of an unanticipated bypass.
(c) Upon request of the director, a person shall submit in
writing to him a description of the bypass, its cause, its
duration, its times and dates, and steps taken to prevent
recurrence of the bypass.
Section 7: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by the repeal of subsection
(c) of section 17 -70. Discharge permits required.
Section 8: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by the adoption of a new
subsection (n) of section 17 -71 that shall read as follows:
Sec. 17 -71. Permit applications.
(n) The permit application shall be signed by an authorized
representative of the industrial user and shall include the
following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
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that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment
for knowing violations.
Section 9: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by the addition of a new
subsection (o) of section 17 -72. Permit conditions, that shall
read as follows:
Sec. 17 -72. Permit conditions.
(o) New sources shall install and have in operating condition,
and shall "start -up" all pollution control equipment required to
meet applicable pretreatment standards before beginning to
discharge. Within ninety (90) days, new sources must meet all
applicable pretreatment standards.
Section 10: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by the adoption of a new
section, section 17 -77. Permit revocation, that shall read as
follows:
Sec. 17 -77. Permit revocation.
In addition to any other enforcement action provided for by this
article, the director may (after adequate notice and hearing)
revoke or deny reissuance of any permit issued under this article
for one or more of the following reasons:
a. failure to accurately report wastewater constituents or
discharge characteristics;
b. tampering with monitoring equipment;
c. refusing to allow the director or his designees timely
access to users premises for the purpose of inspection;
d. failure to meet effluent limitations;
e. failure to pay fines;
f. failure to pay sewer charges; or
g. intentional violation of permit conditions.
Section 11: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended by the adoption of a
new section 17 -78. Permit appeals, that shall read as follows:
Sec. 17 -78. Permit appeals.
Once a permit decision has been made by the director, any citizen,
including the user, may appeal that decision to City Council.
(a) The appeal must be filed within thirty (30) days of the
permit decision by the director.
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(b) 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.
(c) After adequate hearing and notice, the Council shall render
a written decision on the appeal. The action of the Council is
final.
Section 12: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by increasing repealing
subsection (a) of section 17 -81. Industrial waste surcharges, as
presently constituted and by adopting a new subsection (a) that
reads:
Sec. 17 -81. Industrial waste surcharges.
(a) Users discharging industrial waste which exhibit none of the
characteristics of wastes prohibited in Division 2, other than
excessive BOD or suspended solids (wastewater having a
concentration during a twenty -four (24) hour period average of BOD
or suspended solids content in excess of "normal domestic sewage ")
shall be required to pretreat the industrial wastes to meet the
requirements of "normal domestic sewage "; however, such wastes may
be accepted for treatment if all the following requirements are
met:
(1) The wastes will not cause damage to the collection
system.
(2) The wastes will not impair the treatment process.
(3) Any user accepts a discharge permit and agrees to pay
a surcharge over and above the existing sewer rates with the
basis for the surcharge on industrial wastes to be computed
in the following manner:
Surcharge* = Volume ** (BOD * ** + TSS * * *) $0.44
(250 300 )
* Surcharge is calculated in dollars.
** Volume is calculated in thousands of gallons.
* ** If BOD is less than two hundred fifty (250) it
should be calculated as zero; if TSS is less than
three hundred (300) it should be calculated as zero.
Section 13: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by its adoption of a new
section, section 17 -94, that shall read as follows:
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Sec. 17 -94. Certification required
Every report required by an authorized representative of an
industrial user under this division shall include the following
certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment
for knowing violations.
Section 14: Chapter 17, Water and Sewers, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by the repeal of Section
17 -112 Penalty, and by the adoption of a new section, section
17 -112. Penalty, that shall read:
Sec. 17 -112. Penalty.
It shall be unlawful for any person to do or perform any act
prohibited by this article, and it shall be unlawful for any
person to fail to do or perform any act required by this article.
Upon conviction of any offense provided within this article, the
person shall be punished by a fine not less than fifty dollars
($50.00) nor more than one thousand dollars ($1,000.00). Each day
a person commits an offense provided by this article, shall
constitute a separate offense.
Section 15: Any person, firm, or corporation violating any provisions of this
ordinance or failing to comply with any requirement of this
ordinance will be guilty of a misdemeanor and subject to a fine of
up to one thousand dollars ($1,000.00) upon conviction. Each day
during or upon which said person shall violate or continue
violation of any provision of this ordinance or non - compliance
with any requirement of this ordinance shall constitute a distinct
and separate offense. The violation of any provision of this
ordinance or the failure to comply with any requirement of this
ordinance shall each constitute a distinct and separate offense.
Section 16: If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this ordinance.
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Section 17: All ordinances and parts of ordinances in conflict in conflict
with the provisions of this ordinance are hereby repealed;
provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 18: The City Secretary is hereby directed to cause the caption of this
ordinance to be published at least twice within ten days of final
passage. This ordinance shall take effect ten (10) days after the
date of final passage.
PASSED AND APPROVED this ,Z/4 day of , ZG , 1989.
AT
DeS aw, ity Secretary
APPf9VED AS TO FORM:
L
Scott Bounds, City Attorney
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THE CITY OF HUNTSVILLE
By
Monday, Mayor