Resolution 2015-15 RESOLUTION NO.2015-15(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY
OF WYLIE, TEXAS, TO EXECUTE A MULTIJURISDICTIONAL
PRETREATMENT AGREEMENT BY AND BETWEEN THE CITY OF
WYLIE AND THE NORTH TEXAS MUNICIPAL WATER DISTRICT FOR
WASTEWATER SERVICE TO THE CITY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, a Multijurisdictional
Pretreatment Agreement by and between the City of Wylie, Texas and the North Texas
Municipal Water District.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 11th day of August, 2015.
V6L
ERIC HOGUE, MI
ATTEST TO:
CA OLE EfilkiC5, City Secretary
R ,VLF Ci,Li.NeAOQ `5 iy/
5pNtp FE P.AI(,.gy
Resolution No.2015-15(R)
Multijurisdictional Pretreatment Agreement between
City of Wylie and NTMWD
EXHIBIT "A"
Multijurisdictional Pretreatment Agreement
Resolution No.2015-15(R)
Multijurisdictional Pretreatment Agreement between
City of Wylie and NTMWD
MULTIJURISDICTIONAL PRETREATMENT AGREEMENT
STATE OF TEXAS § CITY OF WYLIE
§ NORTH TEXAS MUNICIPAL
COUNTY OF COLLIN § WATER DISTRICT
WHEREAS, the City of Wylie, Texas ("Ci1f") and the North Texas Municipal Water
District ("NTMWD") entered into the Multijurisdictional Pretreatment Agreement dated as of
December 20, 1990 ("1990 Contract"), pursuant to which NTMWD has provided wastewater
treatment services to the City through the Muddy Creek Regional Wastewater Treatment Plant
("WWTP")and the Wylie WWTP; and
WHEREAS, the U.S. Environmental Protection Agency ("EPA") has promulgated
regulations, codified at 40 C.F.R. pt. 403, which establish mechanisms and procedures for
enforcing National Pretreatment Standards controlling the introduction of wastes from non-
domestic (i.e., industrial) sources into Publicly Owned Treatment Works("POTWs"); and
WHEREAS, the Texas Commission on Environmental Quality ("TCEO") has
promulgated regulations entitled "Pretreatment Regulations for Existing and New Sources of
Pollution," codified at 30 TEx. ADMIN. CODE ch. 315, which incorporate by reference 40 C.F.R.
pt. 403; and
WHEREAS, NTMWD owns and operates the Muddy Creek Regional WWTP and the
City owns, and the NTMWD operates, the Wylie WWTP which provide wastewater treatment
services to the City; and
WHEREAS, applicable EPA and TCEQ regulations and Texas Pollutant Discharge
Elimination System("TPDES")Permit Nos. WQ0014216001 and WQ0010384001 require that a
Pretreatment Program be developed for the Muddy Creek Regional WWTP and the Wylie
WWTP and be updated as needed; and
WHEREAS, NTMWD, as the owner and operator of the Muddy Creek WWTP and
operator of the Wylie WWTP,and the City, as the owner and operator of a wastewater collection
system and owner of the Wylie WWTP, both choose to enter into an agreement to define the
duties and responsibilities of each entity in the conduct of the required Pretreatment Program;
and
WHEREAS, this Agreement restates the essential provisions of the 1990
Contract and is structured as similarly thereto as practicable, but with additions and changes
required to meet current practices and regulations; and
WHEREAS,NTMWD and the City desire to terminate the 1990 Contract and supersede it
with this Agreement to reflect current practices and regulations.
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NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein,the City and NTMWD agree as follows:
SECTION 1. For purposes of this Agreement,the following definitions apply:
a. Industrial User or User("IU")—Any source of indirect discharge.
b. Significant Industrial User("SIU")—
(1) Except as provided in part(2)the term shall mean:
(a) An Industrial User subject to Categorical Pretreatment Standards;
or
(b) Any other Industrial User that:
(i) discharges an average of 25,000 gallons per day (gpd) or
more of process wastewater to the POTW (excluding
sanitary, non-contact cooling and boiler blowdown
wastewater);
(ii) contributes a process wastestream which makes up five (5)
percent or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant; or
(iii) is designated as such by the Environmental Officer on the
basis that the Industrial User has a reasonable potential for
adversely affecting the POTW's operation or for violating
any Pretreatment Standard or Requirement (in accordance
with 40 C.F.R. § 403.8(f)(6)).
(2) Upon finding that an Industrial User meeting the criteria in part(1)(b)has
no reasonable potential for adversely affecting the POTW's operation or
for violating any Pretreatment Standard or Requirements, the
Environmental Officer may at any time, on his/her own initiative or in
response to a petition received from an Industrial User, and in accordance
with 40 C.F.R. § 403.8(f)(6), determine that such Industrial User is not a
Significant Industrial User.
C. Act — The Federal Water Pollution Control Act, Public Law No. 92-500, also
known as the Clean Water Act("CWA"), as amended, 33 U.S.C. § 1251 et seq.
d. Pretreatment Program — A program administered by a POTW that meets the
criteria established in 40 C.F.R. §§ 403.8 and 403.9,and which has been approved
by the Approval Authority(TCEQ)in accordance with 40 C.F.R. §403.11.
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669284.3
e. Indirect Discharge or Discharge — The introduction of pollutants into the POTW
from any non-domestic source regulated under section 307(b), (c), or (d) of the
Act(33 U.S.C. § 1317).
f. Interference—A discharge which, either alone or in conjunction with a discharge
or discharges from other sources,both:
(1) inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes,use or disposal; and
(2) is the cause of a violation of any requirement of TPDES Permit
Nos. WQ0014216001 and WQ0010384001 (including an increase in the
magnitude or duration of a violation) or of the prevention of sewage
sludge use or disposal by the POTW in compliance with the following
statutory provisions and regulations or permits issued thereunder(or more
stringent State or Local regulations): Section 405 of the Act(33 U.S.C. §
1345); the Solid Waste Disposal Act ("S)WDX) (including Title H, more
commonly referred to as the Resource Conservation and Recovery Act
("RCRA"),and including State requirements contained in any State sludge
management plan prepared pursuant to Subtitle D of the SWDA); the
Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection,Research, and Sanctuaries Act.
g. National Pretreatment Standard, Pretreatment Standard, or Standard — Any
regulation containing pollutant discharge limits promulgated by EPA in
accordance with Section 307(b) and (c) of the Act, which applies to Industrial
Users. This term includes prohibitive discharge limits established pursuant to 40
C.F.R. § 403.5.
h. New Source—
(1) Any building, structure,facility, or installation from which there is or may
be a discharge of pollutants, the construction of which commenced after
the publication of proposed Pretreatment Standards under Section 307(c)
of the Act (33 U.S.C. § 1317), which will be applicable to such source if
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 sources is located;or
(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
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669284.3
(c) The production or wastewater generating processes 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,will be considered.
(2) Construction on a site at which an existing source is located results in a
modification rather than a New Source if the construction does not create a
new building, structure,facility or installation meeting the criteria of(b) or
(c), above, but otherwise alters, replaces, or adds to the existing process or
production equipment.
(3) Construction of a New Source as defined has commenced if the owner or
operator has:
(a) Begun, or caused to begin, as part of a continuous on-site
construction program:
(i) Any placement, assembly, or installation of facilities or
equipment;or
(ii) Significant site preparation work including clearing,
excavation, or removal of existing buildings, structures, or
facilities which is necessary for the placement, assembly,or
installation of New Source facilities or equipment.
(b) Entered into a binding contractual obligation for the purchase of
facilities or equipment which is 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 definition.
L Pass Through — A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of TPDES Permit Nos. WQ0014216001 or WQ0010384001
(including an increase in the magnitude or duration of a violation).
j. Publicly Owned Treatment Works or POTW —A treatment works as defined by
Section 212 of the Act (33 U.S.C. § 1292), which is owned by the City or other
governmental entity. This definition includes any devices and systems used in the
storage, treatment, recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature. It also includes lift stations, sewers, pipes and other
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669284.3
conveyances only if they convey wastewater to a POTW. POTW shall also
include sewers that convey wastewaters to the POTW from persons outside the
City who are, by contract or agreement with NTMWD, users of NTMWD's
POTW.
k. Treatment Plant or Wastewater Treatment Plant or W WTP — That portion, or
those portions, of the POTW which is designed to provide treatment of domestic
sewage and industrial waste.
1. 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 the POTW. The reduction or alteration can be
obtained by physical, chemical or biological processes, or process changes, or by
other means, except by diluting the concentration of pollutants unless allowed by
an applicable pretreatment standard(as prohibited by 40 C.F.R. § 403.6(d)).
M. Pretreatment Requirements — Any substantive or procedural requirement related
to pretreatment imposed on an Industrial User,other than a pretreatment standard.
n. Environmental Officer—The Director of Public Works of the City or his/her duly
authorized representative, which may be any entity with which the City has
contracted for operation of the POTW or a treatment plant and/or with which the
City has entered into a multijurisdictional, or interjurisdictional, agreement
providing for wastewater service and/or a pretreatment program, or a particular
officer or employee thereof.
SECTION II. The effects of certain types of industrial waste upon wastewater,
wastewater treatment processes, and wastewater treatment facilities require that careful
consideration be made of each industrial connection. This is a matter of concern both to
NTMWD and to the City. The City covenants that it has adopted and will continue to enforce an
Industrial Waste Ordinance in a manner acceptable to Federal and State agencies or departments
having lawful jurisdiction to set standards for waste discharges. Through such Industrial Waste
Ordinance,the City will carry out a Pretreatment Program in compliance with applicable Federal
and State laws and regulations. Such Program shall include the following activities:
a. The City shall require SIUs to comply with applicable Federal Categorical
Pretreatment Standards,local limits, and the City's Industrial Waste Ordinance,as
well as any applicable state and local standards.
b. The City shall maintain certain information contained in permit applications as
confidential at an SIU's request insofar as said request may be permitted under
the provisions of the Texas Public Information Act or other law.
C. The City shall disallow dilution as a means of reducing pollutant concentrations in
an SIU's waste stream.
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669284.3
d. Authorized representatives of the City and/or NTMWD shall be authorized to
enter IU premises at any reasonable time for independent monitoring, sampling,
inspection, or review of applicable records, or to conduct metering operations to
determine compliance, in accordance with Federal, State and/or Local Law.
Visits/inspections may be conducted jointly by the City and NTMWD, when
feasible. As identified in the City's Industrial Waste Ordinance, authorized
representatives of the City, EPA, TCEQ, the Texas Department of Health, or any
successor agencies, bearing proper credentials and identification, shall be
permitted to enter the premises of any Industrial User at any reasonable time for
the purpose of independent monitoring, sampling, inspection,review of applicable
records,or to conduct metering operations to determine compliance.
e. The City shall require adherence to SIU compliance schedules,where necessary.
f The City shall annually provide public notification of instances of significant
violation, as required by the City's Industrial Waste Ordinance and applicable
Federal and State regulations.
g. The City is entitled to deny/revoke an Industrial User Wastewater Discharge
Permit, disallow/disconnect service, assess civil or criminal penalties, and/or seek
other available legal and equitable remedies against an SIU for:
1. Discharge to the wastewater collection system resulting in violations of
the POTW's discharge permit conditions.
2. Hazard to health or life of NTMWD or City personnel or users of
receiving waters.
3. Violation of any applicable ordinance or regulation.
4. False information transmitted to the City, NTMWD, EPA, or TCEQ
through permit application,monitoring,reports, etc.
h. The City shall furnish to NTMWD all documents and records, in addition to those
outlined herein, as necessary and as reasonably requested by NTMWD to
demonstrate compliance by all IUs.
i. Upon request by NTMWD, the City shall provide NTMWD with a list of all non-
residential (commercial) water users annually. In addition, upon request by
NTMWD, the City shall provide on an annual basis lists of businesses and
industries, as prepared by the local Chamber of Commerce and Economic
Development Board, if such lists are available. Upon request by NTMWD, the
City shall provide NTMWD with the following information on a quarterly basis: a
list of all building permits and certificates of occupancy and a list of all water and
sewer connection requests. Upon request by NTMWD, the City shall provide to
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NTMWD a map of its sewer/wastewater collection system and a zoning map of
the City.
j. The City may request before March 1 of each year that NTMWD amend this
agreement to redefine or change the City's or NTMWD's responsibilities and
activities. Upon the approval of NTMWD, such changes will be implemented on
or before October of that year.
k. The City shall designate NTMWD to be its authorized agent to administer the
provisions of its Industrial Waste Ordinance as outlined in Section III below.
SECTION III. NTMWD covenants that it will administer a Pretreatment Program as
required by applicable Federal and State laws and regulations (including the provisions of
TPDES Permit Nos. WQ0014216001 and WQ0010384001) and that it will be the City's
authorized agent to administer the Pretreatment Program as contemplated by the City's Industrial
Waste Ordinance with the following responsibilities:
a. NTMWD shall identify all SIUs and at least every three (3) years update their
Industrial User Inventory.
b. NTMWD shall review local phone books and available commercial/industrial
listings (such as the Directory of Texas Manufacturers) annually to gather
information to update the list of industrial users.
C. NTMWD shall notify all IUs of applicable pretreatment standards.
d. For each existing and future SIU, NTMWD shall require said user to complete
and submit a permit application meeting TCEQ and EPA requirements. After
NTMWD approval of the application, NTMWD shall develop a draft Industrial
User Wastewater Discharge Permit. NTMWD shall provide to the City a copy of
the permit application and the draft Industrial User Wastewater Discharge Permit
for review. The City may provide comments on said application and draft
Industrial User Wastewater Discharge Permit to NTMWD within fifteen(15)days
of receipt of same. Failure to comment within fifteen (15) days of receipt of the
application and draft Industrial User Wastewater Discharge Permit shall be
construed as concurrence by the City. The City is not required to provide
comments on a permit application and the draft Industrial User Wastewater
Discharge Permit to NTMWD. After review of the permit application and the
draft Industrial User Wastewater Discharge Permit,the City is entitled to issue the
Industrial User Wastewater Discharge Permit. Said permit to discharge shall be
required of all SIUs before said User will be allowed to discharge industrial
wastes into the wastewater collection system. A copy of the issued Industrial
User Wastewater Discharge Permit shall be sent to NTMWD by the City.
e. For all SIUs, NTMWD and/or the City shall conduct scheduled and unscheduled
inspections and sampling.
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f. NTMWD shall require all SIUs to self-monitor and report, as needed. NTMWD
shall require all SIUs to install monitoring equipment and facilities,as needed.
g. NTMWD shall choose or approve laboratories to analyze industrial wastes for
self-reporting.
h. NTMWD shall require all IUs to notify NTMWD, the City, and the POTW
promptly upon the discharge of any slug load or spill that might contribute to an
interference of the POTW.
i. NTMWD shall have the authority to deny or condition new or increased
contributions of pollutants to the POTW by IUs where such contributions do not
meet applicable pretreatment standards and requirements or could cause the
POTW to violate its TPDES permit.
j. NTMWD shall have the authority to change or add to local limits to prevent
exceedances of stream standards for specific pollutants as promulgated by TCEQ,
or to prevent interference with the operation of the POTW (including sludge
treatment processes, use, and disposal). Such changes to the local limits must be
included in the City's Industrial Waste Ordinance and approved by TCEQ.
k. NTMWD shall establish monitoring methods and minimum sampling frequency
for SIU self-monitoring as prescribed in the approved NTMWD Pretreatment
Program and the City's Industrial Waste Ordinance.
1. NTMWD shall analyze or cause to be analyzed all industrial waste samples
collected by NTMWD personnel (not the IUs). NTMWD will annually establish
as part of the budget, the cost for the scheduled analyses, but reserves the right to
charge according to an agreed fee schedule for demand or other samples.
M. NTMWD shall provide interface with all regulatory personnel of both TCEQ and
EPA with regards to required recordkeeping,reporting, and audits.
n. NTMWD shall apprise the City as to changes in Pretreatment Guidance and rules
that will require amendments or changes to the Pretreatment Program and provide
expertise in the implementation of these changes.
o. NTMWD shall maintain certain information contained in permit applications as
confidential at a SIU's request, insofar as said request may be permitted under the
Texas Public Information Act or other law.
P. NTMWD shall develop SIU compliance schedules and meet with the City and the
SIU in determining the conditions of the schedule.
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664284.3
q. NTMWD shall provide the required public notification for the City to publish, as
per 40 C.F.R. pt. 403.
r. NTMWD shall aid the City in legal actions by providing expert testimony
regarding sample analyses and custody transfer,the pretreatment program, etc.
S. NTMWD shall provide the City all documents and records submitted to TCEQ
and EPA regarding pretreatment activities involving the City and its IUs.
t. NTMWD will assist the City in public information activities regarding the
Pretreatment Program.
U. NTMWD may request before March 1 of any year that the City amend this
agreement to redefine or change the City's or NTMWD's responsibilities and
activities. Upon the approval of the City, such changes will be implemented on or
before October of that year.
SECTION IV. Upon the execution of this Agreement by all parties, the provisions of
the 1990 Contract shall be void and of no further force or effect, and this Agreement shall
supersede the same.
[Signature page follows.]
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IN WITNESS HEREOF, the parties hereto, acting under authority of their respective
governing bodies, have caused this Amended and Restated Multijurisdictional Pretreatment
Agreement to be duly executed in several counterparts, of which shall constitute an original, the
day and year as set forth below.
NORTH TEXAS MUNICIPAL WATER DISTRICT
By: Date:
President,Board of Directors
ATTEST:
Secretary,Board of Directors
APPROVED AS TO FORM:
NTMWD Attorney
CITY OF WYLIE, TEXAS
By: Date:
Mindy Manson,City Manager
ATTEST:
Carole Ehrlich, City Secretary
APPROVED AS TO FORM:
Abenjkthy,Roeder,Boyd&Hullett, P.C.
Ryan D.Pittman, City Attorneys
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669284.3 `