Ordinance 1986-80 (02)
ORDINANCE NO 8(,-'tt/
AN ORDINANCE OF THE crn OF WYLIE, TEXAS MENDING THE CITY CODE BY ADDING A
NEW ORDINANCE, AND DESIGNATING AREAS OF THE CITY AND/OR CITY AND
IOC'l'RATBRRI'l'ORIAL JURISDIClION. REGULATING PRIVATE S~E FACIl.ITIES: RBLATING
'l'O DISQlARGE OF INDUSTRIAL VASTBVATER RBLATING TO THE DELEGATION OF P'UNClIONS
AND POWERS BY THE crn:: RBLATING 'l'O WATER POl.WTION CONTROl. AND ABATF.MENT
PROGRAMS BY THE CITY UNDER SECTION 26.177 OF THE TEXAS WATER CODE:
ESTABl.ISHING A PERMIT SYSTF.M: ESTABl.ISHING A SYSTFJIl OF CHARGES FOR SERVICES
RENDERED; PROVIDING FOR SlWBRABIl.ITY; AND DBCU\RING AN BMBRGKNCY.
WHEREAS, the City of Wylie, Texas, under Section 26.177, of the Texas Vater
Code (Texas Legislative Senate Bill 835) is required to establish a Vater
Pollution Control and Abatement proqram, authorizing monitoring and enforcing
activities, requiring reporting from significant dischargers, COllecting
samples, inspecting and testing of waste discharges.
WHEREAS, it is the obligation of the producers of industrial waste and
wastewater to treat and properly dispose of same in an equitable manner, and
WHEREAS, protection of the quality of the effluent and proper operation of the
wastewater collection and treatment facilities within the City and
Extraterritorial jurisdiction is the concern and obligation of the City of
'tly 1 ie, Texas.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIl. OF THE CITY OF WYl.IE, TEXAS;
City Code as follows: ArtiCle Vater Pollution Control
SECTION 16. Definitions - when used in this Section, these terms shall be
defined as follows:
(1) Abnormal Sewaqe: Any industrial wastewater having suspended solids or
B.O.D. content which is, in the jUdgment of the Director, significantly
in excess of that found in normal sewage, but which is otherwise
acceptable into a POTW under the terms of this Ordinance.
(2) Act: The Clean Vater Act (33 U.S.C. 1251 et seq), as amended.
(3) Authority: The City of 'tlylie, Texas.
(4) BiOChemical Oxyqen Demand (B.O.D.): The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory
procedure as specified in 'Standard Methods' in five days at twenty (20)
degrees Centigrade expressed as parts per million by weight (milligram
per liter).
(5) CateQOrical Pretreatment Standards: National Pretreatment Standards
which are established from time to time by EPA which specify quantities
or concentrations of pollutants or pollutant properties which may be
diSCharged or introduced into a POTV by specific Industrial DiSChargers.
(6) City: City of Wylie, Texas, or City Council of 'tlylie, Texas.
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(1) COOlPOSite Sample: A sample of the wastewater discharged to the
collection system by a user and composed of a series of not less than
three samples taken during the periods when industrial wastes are being
discharged. 'l'he period of time over which the samples are collected for
compositing into a single sample shall not exceed twenty-four hours.
The series of samples may be collected on a time-proportional or
flow-proportional basis.
(8) COol1nq Water: The water diSCharged from any system of condensation
such as air conditioning, cooling, refrigeration or water used as a
coolant in cooling towers where the only pollutant is thermal.
(9) Director: The Director of the Public WOrks Department of the city of
Wylie, or his authorized representative.
(10) Discharqer: Any non-residential user Who discharges an effluent into a
POT'IJ by means of pipes, conduits, pumping stations, force mains,
constructed drainage ditches, surface water intercepting ditches,
intercepting ditches, and all constructed devices and appliances
appurtenant thereto. Includes owners and/or occupants of such premises.
(11) Grab Sample: A sample which is taken from a waste stream or surface
runoff on a one-time basis with no regard to the flow in the stream and
without consideration of time.
(12) Garbaqe: Solid waste from domestic or commercial preparation, cooking
or dispensing of food or from the handling, storage, and sale of produce.
(13) Indirect Discharqe: The disCharge or the introduction of nondomestic
pollutants from a source regulated under Section 307(b) or (c) of the
Act, into a POT'IJ.
(14) Industrial Waste: Solid, liquid or gaseous waste resulting from any
industrial, manufacturing, trade, or business process or from the
development, recovery or processing of natural resources.
(15) Interference: The inhibition or disruption of a POT'IJ's sewer system,
treatment processes or operations which contributes to a violation of
any requirement of its NPDES permit.
(16) mq/L: Milligram per liter.
(17) Melior Industrial/Commercial User: A user of the sewer system that (a)
diSCharges 10,000 gallons or more of wastewater into the sewage system
per average workday, (b) is regulated by the Categorical Pretreatment
Standards, or (c) is found by the City of Wylie to discharge wastewater
which adversely affects the sewer system facilities, the biological
treatment process or the quality of the discharge from the POTW.
(18) National Pollutant Discharqe Elimination System (NPDES): The NPDES
program or a NPDES permit issued by the Environmental Protection Agency.
(19) Normal Sewaqe: Sewage which, when analYZed, shows by weight a daily
average of not III.Ore than 250 mg/L of TSS and not III.Ore than 250 mg/L of
BOD and which is otherwise acceptable into a POTW under the terms of
this Code.
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(20) 0 and Ill: Operation and Maintenance.
(21) Other Wastes: Decayed wood, sawdust, shavinejs, bark, lime, refuse,
ashes, ejarbaeje, offal, oil, tar, chemicals and all other substances
except sewaeje and industrial wastes.
(22) Owner or OCcupant: The person, firm, or public or private corporation,
usinej the lot, parcel of land, buildinej or premises connected to and
discharejinej sewaeje, industrial wastewater or liquid, into the sanitary
sewaeje system of the City, and who pays, or is leejally responsible for
the payment of, water rates or charejes made aejainst the said lot, parcel
of land, buildinej or premises, is connected to the water distribution
system of the City of Wylie, or who would payor be leejally responsible
for such payment if so connected.
(23) Pass Throuqh: The dischareje of pollutants throuejh the PO'l'W into
naviejable waters in quantities or concentrations which are a cause or
siejnificantly contribute to a violation of any requirement of the POTW's
NPDES permit.
(24) Person: Any individual, business entity, partnership, corporation,
governmental aejency or political subdivision.
(25) Permit: Wastewater Dischareje Permit, issued to non-domestic discharejers
of industrial waste into the sanitary sewaeje system of the POTW.
(26) 2tl: The 10Cjarithm of the reciprocal of the weiejht of hydroejen ions, in
ejrams per liter of solution, measured and calculated in accordance with
'Standard Methods'.
(27) Pollutant: Any dredejed spoil, solid waste, incinerator residue, sewaeje,
ejarbaeje, sludeje, mutations, chemical waste, biolOCjical materials,
radioactive materials, heat, wrecked or discharejed equipment, rock,
sand, cellar dirt and industrial, municipal and aejricultural waste
discharejed into water.
(28) Pretreatment: 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
discharejinej or otherwise introducinej such pollutants into a POTW.
(29) Publicly Owned Treatment Works (POTW): Any sewaeje treatment plant and
the sewers, watercourses and appurtenances thereto, owned and operated
by the City.
(30) Pretreatment Standards: Categorical Pretreatment Standards.
(31) Sanitary Sewer: A publicly owned pipe or conduit desiejned to collect
and transport industrial waste and domestic sewaeje to the POTW.
(32) Sewaqe: Water-carried human wastes or a combination of water-carried
wastes from residences, business buildinejs, institutions and industrial
establishments, tOCJether with such ejround, surface, storm. or other
waters as may be present.
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(33) Shall: Is mandatory. May: Is permissive.
(34) Sluqload: Any substance released in a discharge at a rate and/or
concentration Which causes interference to a POTW.
(35) Standard Industrial Classification (SIC): A classification pursuant to
the Standard Industrial Classification Manual issued by the Executive
Officer of the President, Office of ~9ement and Budget, 1972.
(36) Standard Methods: 'Standard Methods for the Examination of Water and
Wastewater', a publication prepared and published jointly by the
~erican Public Health Association, American Waterworks Association and
the Water Pollution Control Federation, as it may be amended from time
to time.
(37) Suspended Solids: Solids that either float on the surface of, or in
suspension in, water, sewage or other liquid and which are removable by
laboratory filterin9.
(38) Unpolluted Water or Waste: Any water or liquid waste containin9 none of
the followin9: Phenols or other substances to an extent tmpartin9 taste
and odor in receivin9 waters; toxic or poisonous substances in
suspension colloidal state or solution; noxious or odorous 9ases; not
more than ten thousand (10,000) parts per million, by wei9ht, of
dissolved solids, of which not more than twenty-five hundred (2500)
parts permillion are chloride; not more than ten (10) parts per million
each of suspended solids and B.O.D.; color not exceedin9 fifty (50)
color units, nor a pH value of less than 5.0 nor hi9her than 11.0:
and/or any water or waste approved for discharge into a stream or
waterway by the appropriate state authority.
(39) Upset: An exceptional incident in which a Discharger unintentionally
and temporarily is in a state of noncompliance with the standards
established in this ordinance, due to factors beyond the reasonable
control of the Discharger, and excludin9 noncompliance to the extent
caused by operational error, tmporperly desi9ned treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation thereof.
(40) Wastewater: Industrial waste, sewage or any other waste that has been
used by and dischar9ed from an industry, commercial enterprise,
household or other water consumer, includin9 that which may be combined
with any 9round water, surface water or storm water, that may be
discharged to the POTW. Said water may be either polluted or unpolluted.
Section 16.2 - Water Pollution Control Duties of the City
A. The City of Wylie, Texas havin9 a population of more than 5,000
inhabitants, hereby establishes a Water Pollution Control and
Abatement PrQ9ram for the City. The City shall employ or retain an
adequate number of personnel, who by virtue of their trainin9 or
experience are qualified to perform the water pollution and abatement
functions required to enable the City to carry out it's duties and
responsibilities under this Article.
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B. The Vater Pollution COntrol and Abatement Pro<jram of the City shall
encompass the entire City and its Extraterritorial Jurisdiction. The
City shall include in the pro<jram the services and functions which
will provide effective water pollution control and abatement for the
City. or as may be reasonably required by State or Federal law.
includinC) the followinC) services and functions:
1. the development and maintenance of an inventory of all
siC)nificant waste discharC)es into or adjacent to the water
within the City, and within the extraterritorial jurisdiction of
the City. without reC)ard to whether or not the discharC)es are
authori~ed by the City;
2. the reqular monitorinC) of all siqnificant waste discharC)es
included in the inventory prepared pursuant to paraC)raph (1)
above;
3 the collectinC) of samples and conductinC) of periodic inspections
and tests of the waste discharC)es beinC) monitored to detennine
whether the discharC)es are in compliance with the Act and any
applicable pennits, orders or reC)ulations;
4. a procedure for obtaininC) compliance by the waste discharC)ers
beinC) monitored. includinC) where necessary, the use of leC)al
enforcement proceedinC)s; and
5. the development and execution of reasonable and realistic plans
for controllinC) and abatinC) pollution or potential pollution
resultinC) from C)enerali~ed discharC)es of waste which are not
traceable to specific sources, such as stonn sewer discharC)es
and urban runoff from rainwater.
Section 16.3 - Use of Public Sewers
A. No person shall discharC)e or cause to be discharC)ed any stonn water,
surface water, C)round water, roof runoff. subsurface drainaC)e or
unpolluted industrial water into any sanitary sewer.
B. Stonn water and all other unpolluted drainaC)e shall be discharC)ed to
such sewers as are specifically desiC)nated as stonn sewers, or to a
natural outlet approved by the City. Unpolluted industrial water may
be discharC)ed to a stonn sewer or into the sanitary sewer system upon
prior written approval by the City.
C. Except as hereinafter provided, no person shall discharC)e or cause to
be discharC)ed into the sewer or drainaC)e system of the City, or to
the waters of the State of Texas, directly or indirectly, any of the
followinC) described matters, water, wastewater, or wastes:
(1) Flammable or explosive liquid, solid or C)as, such as, but not
ltmited to, C)asoline, kerosene, ben~ene, naptha, etc., which by
reason of its nature or quantity may be sufficient, either
alone or by interaction to cause fire or explosion or may be
injurious in any other way to the operation of the POTW.
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(2) Any liquid or vapor havinq a temperature hiqher than one
hundred fifty deqrees (1500) Fahrenheit (65 deqrees
Centiqrade).
(3) Any water or waste which contains wax, qrease, oil, plastic or
other substances that will solidify or become discernibly
viscous at temperatures between thrity-two deqrees (3ZO) to
one hundred fifty deqrees (1500) Fahrenheit, thereby
contributinq to the cl09qinq, pluqqinq or otherwise restrictinq
the flow of wastewater throuqh the collection system.
(4) SOlid or viscous substances in quantities capable of causinq
obstruction in the flow in sewers or other interference with
proper operation of the PO'l'W, such as, but not limited to,
ashes, cinders, sand, uwd, straw, shavinqs, sawdust, metal,
qlass, qlue, raqs, feathers, tar, plastics, wood, whole blood,
paunch manure, hair and fleshlinqs, entrails, lime slurry, lime
residues, slops, chemical residues, paint residues, or bulk
solids.
(5) Any noxious or malodorous substances which can fonn a qas
which, either sinqly or by interaction with other wastes, is
capable of causinq objectionable odors or hazards to life or
fonn solids in concentrations exceed1nq limits established in
this Ordinance, or creates any other condition deleterious to
structures or treatment processes, or requires unusual
provisions, attentions or expense to handle such material.
(6) Any noxious or malodorous liquids, qases, or solids which
either sinqly or by interaction are capable of creatinq a
public nuisance or hazard to life or which may prevent entry
into the sewers for their maintenance and repair.
(1) Any substance which may cause the POTV's effluent or treatment
residues, sludqes, or scums, to be unsuitable for reclamation
and reuse or to interfere with the reclamation process. In no
case, shall a substance discharqed to the POTV cause the POTW
to be in noncompliance with sludqe use or disposal criteria,
quidelines or requlations developed under Section 405 of the
Act or any other criteria, quidelines, or requlations affectinq
sludge use or disposal.
(8) Any substance which will cause the POTV to violate its NPDES
and/or other disposal system pennits.
(9) Any substance with objectionable color not removed in the
treatment process, such as, but not limited to, dye wastes and
veqetable tanninq solutions.
(10) Any slugload, which shall mean any pollutant, includinq oxyqen
demandinq pollutants (8.0.0., etc.), released in a sinqle
extraordinary discharqe episode of such volume or strenqth as
to cause interference to the POTW.
(11) Any wastewater which causes a hazard to human life or creates a
public nuisance.
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(12) Free or emulsified oil and grease exceeding 100 mg/L of either
or both, or combinations thereof.
(13) Acids or alkalies capable of causing damage to sewage disposal
structures or personnel or having a pH value lower than 5.0 or
higher than 11.0.
(14) Cyanide or CYcll\OCjen compounds (as CO) in excess of 1.0 mg/L.
(15) Any water or waste that contains more than ten (10) parts per
million of the follOWing gases: Hydrogen sulfide, sulphur
dioxide or nitrous oxide.
(16) Any wastewater containing any radioactive wastes or isotopes of
such half life or concentration as exceed limits established by
the City in compliance with applicable State or Federal
reCjUlations.
(11) No substances which contain polychlorinated biphenyls (PCB'S).
(18) Vastewater with a phenol concentration greater than two (2.0)
mg/L.
(19) Vastewater with twenty-four hour composite samples containing
BOD or TSS in excess of one thousand (1,000) mg/L, or COD in
concentrations not amenable to treatment.
(20) Salts of a heavy metals in solution or suspension, and
organics, in concentrations exceeding the following:
Maximum
Concentration (mq/L)
Arsenic 0.1
Barium 1.0
Cadmium 0 . 2
Chromium 3.0
Copper 2.0
Lead 2.0
Manganese 2.0
Mercury 0.005
Nickel 2.0
Selenium 0.05
Silver 1.0
Zinc 4.0
or elements or organics which will damage collection facilities
or are detrimental to treatment processes.
(21) Other heavy metals and toxic material in concentrations
prohibited by State or Federal regulations including, but not
limited to:
Antimony
Beryllium
Bismuth
Boron
Cobalt
Fungicides
I'k>lybdenum
Uranyl10n
Pesticides
Rhenium
Strontium
Tellurium
Herbicides
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(22) Chlorides in concentrations greater than two hundred and fifty
(250) Mg/l.. The City may permit discharge of chlorides greater
than 250 Mg/l. provided the discharger requests such discharge
in writing and the volume and concentration of chlorides
discharged will not impair the treatment processes.
D. Unless an exception is granted by the City, the City's sanitary sewer
system shall be used by all persons discharging domestic wastewater,
industrial wastewater and other polluted water.
E. Unless authorized by the Texas Vater Commission, no person may
deposit or disCharge any industrial waste, industrial wastewater or
other polluted water on public or private property, or into or
adjacent to any creek, drain, stream, storm sewer, or other area
within the jurisdiction of the City.
Section 16.4 - Garbage
A. No person shall discharge garbage into the sewage system unless it is
shredded to a degree that all partiCles can be carried freely under
the flow conditions no~lly prevailing in the sewage system.
Particles greater than one-half (1/2) inch in any dimension are
prohibited.
B. The City is entitled to review and approve the installation and
operation of any garbage grinder equipped with a motor of
three-fourths (3/4) horsepower (0.76 hp metric) or greater.
Section 16.5 - Discharges Requiring Traps
A. Discharges requiring a trap include, but are not limited to those
containing:
(1) Grease or water containing grease in excessive amounts;
(2) Oil;
(3) Sand or gravel;
(4) Other floatable or settleable materials, if required by the City.
B. Any person responsible for discharges requiring a trap shall, at his
own expense, and as required by the City:
(1) Provide equipment and facilities of a type and capacity approved
by the City;
(2) Locate the trap in a manner that provides ready and easy
accessibility for Cleaning and inspection;
(3) ~inta1n the trap in effective and operating condition.
Section
A.
16.6 - Waste Hauling
No person shall discharge, unload, drain, flush or clean out any
wastewater transport truck, vacuum truck, pump truck, or other such
vehicle within the city unless such person has been issued a permit
by the City to perform such acts or services. All persons engaged in
the commercial hauling of waste materials in the city shall have a
permit therefor as required by this Ordinance.
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8. Waste Haulin9 Pe~its shall be issued by the City upon proper
application and payment of a ten dollar ($10.00) pe~it fee. All
such pe~its shall be valid for one (1) year.
C. No person holdin9 a Waste Haulin9 Pe~it shall unload or discharge
any waste or wastewater within the City except in a manner and at a
place specified by the City.
D. Before dischar9in9 under a Waste Haulin9 Pe~it, the City may require
the pe~it holder to furnish a sample of material bein9 discharged.
Any material that is found not amenable to treatment shall not be
discharged.
E. Any person dischar9in9 no~l stren9th wastewater into the sewage
system shall be char9ed at the reCJUlar commercial sewer rates.
Abno~l stren9th wastewater shall be char9ed an
industrial/commercial surcharge rate.
Section 16.7 - Excessive Discharge Prohibited
No person shall increase the use of process water or, in any way, attempt to
dilute a discharge as a substitute for adequate treatment, except as approved
by the City.
Section 16.8 - Industrial/COmmercial Wastewater Discharge Permit Required
A. No major industrial/commercial user shall discharge industrial wastes
into the city sewage system without first obtainin9 a Wastewater
Discharge Pe~it from the City.
8. A pe~it may be required for any industrial or commercial user as
deemed necessary by the City.
C. All major industrial/commercial users presently connected to or
dischar9in9 to the city sewage system shall apply for a pe~it within
one hundred twenty (120) days after the effective date of this
Ord inance.
Section 16.9 - Pe~it Application
Major industrial/commercial users required to obtain a Wastewater Discharge
Pe~it shall complete and file with the Director, an application in the form
prescribed by the City. A pe~it fee of twenty-five dollars ($25.00) shall
accompany the application. New major industrial/commercial users shall apply
at least ninety (90) days prior to connectin9 to the sewage system. In
support of the application, the major industrial/commercial user shall submit
the info~tion requested by the application form.
Section 16.10 - Pe~it Conditions
A. Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other applicable re9ulations,
user charges, and fees established by the City. Permits may contain
the followin9:
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(1) Limits on the avera<je and maximum wastewater constituents and
characteristics.
(2) Limits on avera<je and maximum rate and time of dischar<je or
requirements for flow re<julations and equalization.
(3) Specification for monitorin<j prOCJrams which may include samplin<j
locations, frequency of samplin<j, number, types, and standards
for tests and reportin<j schedules.
( 4) Compliance schedules.
(5) Requirements for notification of the City of any new
introduction of wastewater constituents or any substantial
chan<je in the volume or character of the wastewater constituents
bein<j introduced into the wastewater treatment system.
(6) Other conditions as deemed appropriate by the City.
B. Permits shall be valid for one (1) year from date of issuance. A
permit may be issued for a period less than one year or may be stated
to expire on a specified date. The terms and conditions of the
permit may be subject to modification by the City durin<j the term of
the permit. The user shall be informed of any proposed chan<jes in
the permit at least thirty (30) days prior to the effective date of
chan<je.
C. The user shall apply for permit reissuance a minimum of ninety (90)
days prior to expiration of the existin<j permit.
D. Permits are issued to a specified user for a specific operation. A
permit shall not be reassi<jned, transferred or sold to a new owner,
new user, different premises, or a new or chan<jed operation without
approval of the City. Any succeedin<j owner or user shall also comply
with the terms and conditions of the existin<j permit.
Section 16.11 - Permit Suspension or Revocation
A. A permit issued under this Ordinance may be revoked or suspended when:
(1) The permittee violates one or more of the provisions of this
Ordinance or fails to comply with one or more conditions of a
permit .
(2) The permittee fails to factually report the constituents and/or
characteristics of his wastewater dischar<je or si<jnificant
chan<jes in operations.
(3) The permittee refuses reasonable access to his premises for the
purpose of inspection, samplin<j or monitorin<j.
(4) Such action is necessary to prevent harm or dama<je to the sewa<je
system or treatment process, or to protect the health or welfare
of persons, animals or property.
B. The City may issue a written order suspendin<j or revokin<j a permit
for violations specified in this Ordinance. Such order shall state
the nature of the violation and shall be served upon the permittee in
person or by certified or re<jistered mail.
C. The City shall reinstate a suspended permit upon satisfactory proof
from the permittee that corrective action has been taken to correct
the conditions for which the permit was suspended.
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D. A user whose permit has been revoked must apply for a new permit and
comply with all provisions and conditions required as thou<jh a permit
had not been issued.
Section 16.12 - Procedures For Abatement of Violations
A. Any person found to be violatin<j any provisions of this Ordinance,
shall be served by the City written notice statin<j the nature of the
violation and providin<j a reasonable time l~it for the satisfactory
correction thereof. 'l'he offender shall, within the period of time
stated in such notice, permanently cease all violations. If the
offender continues violation after the expiration of time stated, the
City may prohibit the further use of the sewa<je system by the
offender and may remove or close the offender's sewa<je and water
connections.
B. Any person who shall continue any violations begond the time l~it
provided for in para<jraph (A) above, shall be <juilty of a
misdemeanor, and upon conviction thereof, shall be fined in an amount
not less than one dollar ($1.00) nor more than one thousand
($1,000.00) dollars for each violation. Each day in which such
violations exist shall be deemed a separate offense.
C. In an emer<jency situation, as determined by the City, the City may
immediately terminate sewer service and/or water service to any
user. An emer<jency situation exists when it appears to the City that
an actual or threatened dischar<je presents or may present an eminent
or substantial dan<jer to the health or welfare of person, substantial
dan<jer to the environment, interfere with the operation of the PQTV,
violate any l~its imposed by this Ordinance or any Wastewater
Dischar<je Permit issued pursuant to this Ordinance.
D. Any person violat1n<j any of the provisions of this Article shall
become liable to the City for any expense, loss or dama<je occasioned
by the City for reason of such violation.
Section 16.13 - penalties
A. A person who violates any provision of this Ordinance is quilty of a
misdemeanor and upon conviction is punishable by a fine of not more
than one thousand dollars ($1,000.00) for each act in violation of
any provision and for each day any violation occurs.
B. Additionally, the City is entitled to pursue all other cr~inal and
civil remedies to which it is entitled under authority of statutes or
other ordinances a<jainst a person continuin<j prohibited dischar<jes or
violatinq any other provisions of this Ordinance.
Section 16.14 - Determinin<j the Character and concentration of Wastewater
A. 'l'he wastewater dischar<jed or deposited into the sewaqe system shall
be subject to periodic inspection and samplin<j as often as may be
deemed necessary by the City. Samplin<j shall be conducted accordinq
to customarily accepted methods, reflectin<j the effect of
constituents upon the sewa<je system and determinin<j the existence of
hazards to health, life, property and the environment.
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B. The examination and analyses of the characteristecs of water and
wastes shall be:
(1) Conducted in accordance with the latest edition of -Standard
Methods, - and
(2) Determined from suitable samples taken at the control manhole
provided or other control points authorized by the City.
C. The City may select an independent fi~ or laboratory to perfo~
samplinq and laboratory analyses.
D. The dete~ination of the character and concentration of industrial
wastewater shall be made by the City at such times and on such
schedules as the City may establish.
Section 16.15 - Samplinq, Analyses, and Other Fees
A. The City may make such charqes as are reasonable for services
rendered in administerinq the proqrams outlined in this ordinance.
Such charges may include, but are not limited to: pe~ittinq
activities, inspection, sample analysis, monitorinq and enforcement.
B. If the City selects and independent fi~ or laboratory to perform
samplinq and analyses, the City may at its option, allow the
independent fi~ or laboratory to send invoices directly to the
industrial/commercial users for services requested and approved by
the City.
Section 16.16 - Industrial/Commercial Wastewater Surcharge
A. Any person discharqin9 abnormal strenqth wastewater or any person
classified as a major contributinq industry or commercial firm under
Section 16.8, shall pay a monthly surcharge to the City to cover the
additional costs of treatinq such wastewater. The surcharge shall be
in addition to the nomthly sewer service charges.
B. The surcharge shall be calculated as follows:
C=[B(Bu-250) + S(Su-250)] x F x V
Where:
C = surcharqe to the user in dollars
B = unit cost factor for treatinq one unit of BOD (per 1,000 9allons)
Bu = the tested BOD of the discharge
S = unit cost factor for treatin9 one unit of TSS
su = the tested TSS of the dis~arqe
F = a factor of 8.34 to convert m9/L to pounds/9allon
V = monthly billinq volume (discharqe) in million qallons
250 = -normal- BOD of 250 m9/L and -normal- TSS of 250 m9/L
12
Section 16.17 - Inspection and Sampling
A. Representatives of the City. the U. S. Envrionmental Protection
Agency. the Texas Vater Commission. and the Texas Department of
Health. or any successor agency bearing proper credentials and
identification. shall be permitted to enter upon all properties for
the purpose of inspection. observation. measurement, sampling,
records examination and testing of the sewage system or any
wastewater dsicharged into the sewage system.
B. If the City selects an independent firm or laboratory to perform
sampling and analysis. representatives of the selected firm bearing
proper identification shall be permitted the same access to property
and facilities as representatives of the City.
C. The City shall carry out all inspection and monitoring procedures
necessary to determine compliance with applicable State and Federal
regulations. Anyone acting under this authority shall observe the
establishment's rules and regulations concerning safety, internal
security and fire protection.
D. No person acting under authority of this provision may inquire into
any processes including metallurgical. chemical, oil. refining.
ceramic. paper or other industries beyond that point having a direct
bearing on the kind and wource of disCharge to the sewage system.
E. Except when caused by negligence or failure of a private
establishment to maintain safe conditions, the City shall indemnify
the private establishment against loss or damage to its property
caused by City employees and against liability claims and demands for
personal injury or property damage asserted against the private
establishment and growing out of any inspection or monitoring
operation.
Section 16.18 - Control Manhole
A. When necessary to monitor wastewater discharged into the sewage
system, the City may require the installation of a suitable control
manhole in order to adequately sample and measure such wastewater.
Installation of such flow meters, equipment and accessories as deemed
necessary by the City may also be required
/
B. Required control manholes shall be located to provide ample room in
or near the facility to allow accurate sampling and preparation of
samples for analyses. The manhole and any required installed
equipment shall be maintained by the user at all times in safe and
proper operating condition.
C. Before beginning construction of a control manhole, the user shall
submit plans to the Director for review and approval to insure
compliance with this section. Plans must include any meters or other
equipment required to be installed.
13
Section 16.19 - Pretreatment Required
A. Industrial/commercial users shall provide necessary wastewater
treatment as required to comply with this Ordinance, Federal
Categorical Pretreatment Standards, and any State or Federal
pretreatment regulation. Any facilities required to pretreat
wastewater to a level acceptable to the City shall be provided,
operated and maintained at the user's expense.
B. Before be9innin9 construction of pretreatment facilities, the user
shall submit detailed plans and operatin9 procedures for the facility
to the Director for review and approval. '1'h review of such plans and
procedures will in no way relieve the user from the responsibl1ty of
modifyin9 the facility as necessary to produce an effluent acceptable
to the City under the provisions of this Ordinance.
C. Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the City prior to
the user's initiation of the changes.
D. All records relatin9 to compliance with the Categorical Pretreatment
Standards shall be made available to officials of the City, State or
Environmental Protection Agency upon request.
E. The detennination of the character and concentration of industrial
wastewater shall be made by the City at such times and on such
schedules as the City may establish.
Section 16.20 - Falsifyin9 Information
Any person who knowin91y makes any false statements, representation or
certification in any application, record, report, plan or other document filed
or required to be maintained pursuant to this Ordinance, or who falsifies,
tampers with, or knowin91y renders inaccurate any monitorin9 device or method
required under this Ordinance, shall, upon conviction, be punished by a fine
of not more than one thousand dollars ($1,000.00) for each conviction.
Section 16.21 - Accidental Discharges
A. Each user shall provide protection from accidental discharge of
prohibited materials or other substances requlated by this
Ordinance. Facilities to prevent accidental discharge of prohibited
~terials shall be provided, operated and maintained at the user's
expense.
B. In the case of an accidental discharge, the user is responsible to
immediately telephone and notify the City of the incident. The
notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions.
C. Within five (5) days followin9 an accidental discharge, the user
shall submit to the Director a written report describin9 the cause of
the discharge and the action to be taken by the user to prevent
similar future occurrences. This notification shall not relieve the
user of any expense, loss, damage, fines, civil penalties, or other
liablility which may be incurred as a result of the accidental
discharge.
14
D. A notice shall be pe~ently posted on the user's bulletin board or
other prominent place advising employees whom to call in the event of
a accident discharge. Users shall ensure that all employees who may
cause such a discharge are advised of the emergency notification
procedure.
E. Each major industriallcoamercial user shall submit detailed plans
showing facilities and operating procedures to prevent accidental
discharge of prohibited substances to the City for review and
approval. Each existing major industrial/commercial user shall
submit such plans with the dischra<je permit application required by
Section 16.9. After the effective date of this Ordinance, no major
industrial/commercial user shall be permitted to commence dischar<jing
into the sewage system until accidental discharge procedures have
been approved.
F. Users identified in E. above shall not begin construction of any
facilities to control accidental dischar<jes until the plans are
approved by the City. Review and approval of such plans and
operating procedures shall not relieve the user from the
responsibility to modify the user's facility as necessary to meet the
requirements of this Ordinance.
Section 16.22 - Confidential Information
A. Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from
inspections shall be available to the public or other governmental
agencies without restriction unless the user specifically requests
and is able to demonstrate to the satisfaction of the City that the
release of such information would divul<je information, processes or
methods of production entitled to protection as trade secrets of the
use r .
B. When requested by the person furnishin<j a report, the portions of a
report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to <jOvernmental a<jencies for uses
related to this Ordinance, the NPDES Permit, Texas Water Commission
permit and/or the Pretreatment Programs; provided, however, that such
portions of a report shall be available for use by a State or Federal
a<jency in judicial review or enforcement proceedin<js involvin<j the
person furnishin<j the report. Wastewater constituents and
characteristics will not be recognized as confidential information.
C. Information accepted by the City as confidential, shall not be
transmitted to any <jOvernmental a<jency or to the general public by
the City until and unless a ten-day notification is given to the user.
Section 16.23 - Inventory of Toxic and Hazardous Chemicals
A. Each industrial/commercial user requlated by this ordinance shall
prepare, an inventory (list) of all toxic or hazardous chemicals used
or stor~ at their facilities. The inventory shall show the name of
each chemical, quantity stored (or normally present). specific
buildin<j or storage location within the facility. annual usea<je, and
name and telephone number of person responsible for preparin<j the
inventory.
IS
B. The inventory shall be completed within one hundred twenty (120) days
after the effective date of this ordinance. One copy of the
inventory shall be l114iled to the Director and one copy to the Fire
Marshall, City of Wylie.
Section 16.24 - Severability Clause
The provisions of this Article are severable. If any word, phrase, clause,
sentence, section, provision or part of this Article should be held to be
invalid or unconstitutional, it shall not affect the validity of the relll4ining
portiqas, and it ,is hereby declared to be the City's legislative intent that
this Article would have been passed as to the remianing protions, regardless
of the invalidity of any part.
Section 16.25 - conflict
Ordinance No. 85-41 of the city is hereby repealed and all other Ordinances
and parts of Ordinances in conflict with the provisions of the Ordinance are
hereby repealed to the extent of such conflict.
This ordinance shall be in full and effect after its passage, approval and
pUblication as provided by law.
The passage of this ordinance constitutes an emergency and an imperative
Public necessity that the Charter Rule requiring that City Ordinances be read
at three (3) separate meetings of the City COUncil be suspended and said rule
is hereby suspended, and this ordinance shall take effect immediately upon its
passage.
Pass and approved on emergency reading~t a regular meeting of the City
Council on the /~ M day of U/'~ he/G-' , 1986 with all members
present voting -aye- for the passage of same.
ATTEST:
I /
THE WYLIE NEWS
P. O. BOX 311
WYLIE, TiXAI 7101I
STATE OF TEXAS ~
COUNTY OF COLLIN ~
Before me, the undersigned authority, on this day personally
appeared Scott Dorsey, of the Wylie News, a newspaper
regularly published in Collin County, Texas and having general
circulation in Collin County, Texas who being by me duly sworn
deposed and says that the forgoing attached
Ordinance # 86-80
was published in said newspaper on the following dates to wit:
July 8, 1987
, 1987 and
, 1987 .
) ~W fJ bvjf
Subscribed and sworn to before me
day of ~
hand and eal office.
this the
916
, 1987 to certify which witness my
l;ldL4~ ~/
/
Margaret Cook
Notary Public in and for the
State of Texas
My Commission expires 9-12-89
Benn.g W itleawake Wylie Since 1941
, ORDINA'".<''' "V. ""or!!
!AN ORDINANCE OF TEl
~CITY OF WYLIE, TEXA;
';jAMENDING THE CIT""1
lCODE BY ADDING A NEV'
10RDINANCE. ANI
~DESIGNATING AREA~
jOF THE CITY AND/OR CI
~TY AND EXTRATER
j
I RITORIAL JURISDIC
(TION. REGULATINC
: PRIV ATE SEW AGI
FACILITIES; RELA TIN(
TO DISCHARGE OF IN
DUSTRIAL
WASTEWATER
RELATING TO THl
DELEGATION OF FUNC
TIONS AND POWERS B)
THE CITY; RELATING T(
. WATER POLLUTION CON
TROL AND ABATEMEN'l
PROGRAMS BY THE CIT'1
UNDER SECTION 26.17'
OF THE TEXAS WATEI
CODE; ESTABLISHING P
PERMIT SYSTEM
ESTABLISHING P
SYSTEM OF CHARGE~
FOR SERVICEE
RENDERED; PROVIDINC
FOR SEVERABILITY
AND DECLARING Al
EMERGENCY.
PASSED AND APPROVE-
. THE 14th DAY OF OC
\\ TOBER, 1986.
............. Joe Fulgham
, Mayor Pro Ten
1J TTE ST:
arolyn Jones,
ity Secretary
4-1 toe,