Ordinance 1992-06b
Ordinance No. 9' .::2 -~
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ORDINANCE NO.
9~-~
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 86-90,
UTILITIES, PROVIDING REGULATIONS FOR THE DISPOSAL OF SEWAGE AND THE USE
OF PUBLIC SEWERS; REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE
SANITARY SEWER OF THE CITY; REGULATING UNSEWERED AND MISCELLANEOUS
DISCHARGES; PROVIDING FOR A PERMIT SYSTEM WITH DENIAL, SUSPENSION,
REVOCATION AND AN APPEALS PROCESS; PROVIDING A PENALTY CLAUSE, A
REPEALING CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Wylie provides facilities for the collection
and treatment of wastewater to promote the health, safety and
convenience of its citizens and for the safeguarding of water resources
common to all; and
WHEREAS, the City must provide its facilities in compliance with
the Federal Water Pollution Control Act, the Texas Water Commission
Regulations and other federal, state and local laws; and
WHEREAS, protection of the quality of the effluent and proper
operation of wastewater collection and treatment facilities and quality
of effluent may requ1re either the exclusion, pretreatment, or
controlled discharge at point of origin of certain types of quantities
of industrial wastes; and
WHEREAS, it is the obligation of the producers of industrial waste
to defray the costs of the wastewater treatment services required of and
provided by the City 1n an equitable manner and, insofar as it is
practicable in proportion to benefits derived;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS THAT:
SECTION A.
Ordinance 86-90 of the City of Wylie, Texas, to the
extent it conflicts with the provisions of this ordinance, is hereby
amended and repealed.
Ordinance No.
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SECTION 1: DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of the
terms and phrases used in this Ordinance shall be as follows:
ACT - The Federal Water Pollution Control Act, Public Law 92-500, known
as the Clean Water Act (CWA) , as amended, 33 U.S.C. 1251, et seq.
ADMINISTRATOR - The EPA Region VI Regional Administrator.
APPROVAL AUTHORITY - The Director in a National Pollutant Discharge
Elimination System (NPDES) State with an approved State pretreatment
program and the appropriate Regional Administrator in a non-NPDES State
or NPDES State without an approved State pretreatment program.
B.O.D. (Biochemical Oxygen Demand) - The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory
conditions for five (5) days at 20 degrees Celsius (20.C), expressed in
mg/L. The laboratory determination shall be made in accordance with the
procedures set forth in 40 CFR 136.
BUILDING DRAIN - That part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys to the building
sewer, which begins three (3) feet outside the inner face of the
building wall.
BUILDING SEWER - The extension from the building drain to the sewer
lateral at the property line or other lawful place of disposal (also
called house l~teral or house connection).
BYPASS - Means the intentional diversion of wastestreams from any
portion of an Industrial User's treatment facility.
CATEGORICAL STANDARDS - The National Categorical Pretreatment Standards
found in Chapter 40 of the Code of Federal Regulations (CFR), Parts 405
- 471 and amendments thereof, or pretreatment standards developed under
33 U.S.C. 1317 of the Act.
CITY - (For the purposes of this Article) The City of Wylie, Texas,
and/or the City Manager or their duly authorized representative.
C.O.D. (Chemical Oxygen Demand) - The measure of oxygen consuming
capacity of inorganic and organic matter present in water or wastewater.
It is expressed in mg/L as the amount of oxygen consumed from a chemical
oxidant in a specific test. It does not differentiate between stable
and unstable organic matter and thus does not necessarily correlate with
B.O.D.
CONTROL AUTHORITY - Shall mean:
A) The Owner/Operator of the POTW;
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B) The person designated by
Industrial Pretreatment
representative.
the City to
Program or
be responsible for the
its duly authorized
CONTROL MANHOLE - a manhole giving access to a building sewer point
before the building sewer discharges into the public sewer.
DAILY DISCHARGE
calendar day or any
day for purposes of
The discharge
24-hour period
sampling.
of a pollutant measured during a
that reasonably represents a calendar
DAILY MAXIMUM
calendar month.
the highest allowable "daily discharge" during a
DIRECTOR - The chief administrative officer of a State or Interstate
water pollution control agency with an NPDES permit program approved
pursuant to section 402(b) of the Act and an approved State pretreatment
program.
DISPOSAL The discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid or semi-solid waste (i.e., grease trap
waste, grit trap wastes, and/or septage) into or on any land or water so
that such waste or any constituent thereof may enter the environment or
be emitted into the air or discharged into any water, including, but not
limited to, ground waters.
DOMESTIC SEWAGE - The water-borne wastes normally discharging into the
sanitary conveniences of dwellings (including apartment houses and
hotels). office buildings, factories and ins ti tutions. free of storm
water and industrial wastes.
ENVIRONMENTAL OFFICER - The City Engineer of the Ci ty or his duly
authorized representative.
EPA (Environmental Protection Agency) - The U.S. Environmental
Protection Agency, or where appropriate, the term may also be used as a
designation for the Administrator or other duly authorized officials of
said agency.
FLOW-PROPORTIONED COMPOSITE SAMPLE Shall mean a sample collected
either as a constant sample volume at time intervals proportional to
stream flow, or collected by increasing the volume of each aliquot as
the flow increases while maintaining a constant time interval between
the aliquots.
GARBAGE - Animal and vegetable wastes and residue from preparation,
cooking, and dispensing of food; and from handling, processing, storage,
and sale of food products and produce.
GRAB SAMPLE - An individual sample collected over a period of time not
exceeding 15 minutes.
GREASE TRAP A water-tight receptacle designed and constructed to
intercept and prevent the passage of greasy, fatty liquid, semiliquid,
Ordinance No. 9 ~ - tb
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and/or solid wastes into the sanitary sewer system to which the
receptacle is directly or indirectly connected.
GREASE TRAP WASTE - Any greasy, f~tty liquid, semi-liquid, and/or solid
wastes removed by a grease trap.
GRIT/SAND TRAP - A water-tight receptacle designed and constructed to
intercept and prevent the passage of sand, grit and other heavy solids
into the sanitary sewer system to which the receptacle is directly or
indirectly connected.
GRIT TRAP WASTE - Any sand, grit and/or other heavy solids removed from
a grit trap.
HAZARDOUS WASTE - Any liquid, semi-liquid or solid waste (or combination
of wastes), which because of its quantity, concentration, physical,
chemical or infectious characteristics may:
A) have any of the following characteristics: toxic, corrosive, an
irritant, a strong sensitizer, flammable or combustible, explosive,
or otherwise capable of causing substantial personal injury or
illness:
B) pose a substantial hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or
otherwise improperly managed, and is identified or listed as a
hazardous waste as defined by the Texas Solid Waste Disposal Act or
defined under 40 CFR Part 26l.3.
HOLDING TANK WASTE - .\ny waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum pump tank
trucks.
INDIRECT DISCHARGE or DISCHARGE - The introduction of pollutants into a
POTW from any non-domestic source regulated under section 307 (b), (c)
or (d) of the Act.
INDUSTRIAL USER or USER - Source of indirect discharge.
INDUSTRIAL USER WASTEWATER DISCHARGE PERMIT - A Permit required of an
industrial user to discharge waste into any sewer system under the
jurisdiction of the City.
INDUSTRIAL USER WASTEWATER SURCHARGE - The addi tional charge made on
those persons or industries who discharge industrial wastes into the
sewer system which are amenable to treatment by the POTW treatment
processes, but which exceed "normal" strength sewage.
INDUSTRIAL WASTE - The water-borne solids, liquids, or gaseous wastes
resulting from and discharged, permitted to flow or escaping from any
industrial, manufacturing or food processing operation or process, or
from the development of any natural resources, or any mixture of these
with water or domestic sewage as distinct from normal domestic sewage.
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INTERFERENCE - A discharge which, either alone or 1n conjunction with a
discharge or discharges from other sources, both:
A) inhibits or disrupts the POTW, its treatment processes or
operations, or its sludge processes, use or disposal: and
B) is the cause of a violation of any requirement of the POTW's NPDES
Permi t (including an 1ncrease 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 Clean Water Act, the Solid
Waste Disposal Act (SWDA) (including Title II, more commonly
referred to as the Resource Conservation and Recovery Act (RCRA) ,
and including State regulations contained in any State sludge
management plan prepared pursuant to Subti tIe D of the SWDA), the
Clean Air Act, the Toxic Substances Control Act, and the Marine
Protection, Research, and Sanctuaries Act.
LIQUID WASTE Water-borne solids, liquids, and gaseous substances
derived from a grease trap, grit trap, chemical/portable toilet and/or
septic tank and described as grease trap waste, grit trap waste or
septage.
MILLIGRAMS PER LITER (mg/L) - A weight to volume ratio; the milligrams
per 1 iter value multiplied by the factor 8.34 is equivalent to pounds
per million gallons of water.
MONTHLY AVERAGE - The highest allowable average of "daily discharge(s)"
over a calendar month, calculated as the sum of all "d~ily discharge(s)"
measured during a calendar month divided by the number of "daily
discharge(s)" measured during that month.
NATIONAL CATEGORICAL PRETREATMENT STANDARD - Standard specifying the
quantities or concentrations of pollutants or pollutant properties which
may be discharged to a POTW by existing or new Industrial Users in
specific industrial subcategories established as separate regulations
under the appropriate subpart of 40 CFR chapter I, subchapter N. These
standards, unless specifically noted otherwise, shall be in addition to
the general prohibitions established in 40 CFR 403.5.
NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD or STANDARD - Any
regulation containing pollutant discharge limits promulgated by the EPA
in accordance with Section 307 (b) and (c) of the Act which applies to
Industrial Users. This term includes prohibitive discharge limits
established pursuant to 40 CFR 403.5.
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:
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A) The building, structure, facility or installation 1S constructed at
a site at which no other source 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
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 type of
activity as the existing source will be considered.
Construction on a site at which an existing source is located results in
a modification rather than a new source if the construction does not
create a new building, structure, facility or installation meeting the
criteria of (B) and (C) above but otherwise alters, replaces, or adds to
the existing process or production equipment. 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:
1) Any placement, assembly, or installation of facilities or
equipment; or
2) Significant site preparation work including clearing,
excavation, or removal of existing buildings. structures, or
facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment;
B) Entered into a binding contractual obligation for the purchase of
facilities or equipment which are intended to be used 1n 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.
NORMAL DOMESTIC SEWAGE - The "normal" sewage for the City, for which the
average concentration of total suspended solids is not more than 250
mg/L and B.O.D. is no more than 250 mg/L. Industrial wastes and storm
water are excluded from this term.
OVERLOAD - The imposition of organic or hydraulic loading on a treatment
facility in excess of its engineered or design capacity.
OWNER - Any person who owns a facility or any portion of a facility.
PASS THROUGH - a discharge which exits the POTW into
United States in quantities or concentration which,
conjunction with a discharge or discharges from other
waters of the
alone or 1n
sources, 1S a
Ordinance No. f ~ - t
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cause of a violation of any requirement of the POT\~'s NPDES permit
(including an increase 1n the magnitude or duration of a violation).
POTW (Publicly Owned Treatment Works) - A treatment works as defined by
Section 212 of the Act, (33 U.S.C. l292). This dp-finition 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 conveyances only
if they convey wastewater to a POTW treatment plant. For the purposes
of this Article, POTW shall refer to the North Texas Municipal Water
District.
PPM (Parts Per Million) - A weight to weight ratio;
million value multiplied by the factor 8.345 shall be
pounds per million gallons of water.
the parts
equivalent
per
to
PERSON - Any individual,
corporation, association,
governmental entity, or
representatives, agents or
partnership, co-partnership, firm, company,
joint stock company, trust, estate,
any other legal entity, or their legal
ass1gns.
pH - The logarithm (base 10) of the reciprocal of the hydrogen 10n
concentration.
POLLUTANT - Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
POLLUTED WATER - Any water, liquid or gaseous wastes containing any of
the following:
A) soluble or insoluble substances of organ1c or inorganic nature; or
B) settleable solids that may form sludge deposits; or
c) grease and oils; or
D) floating solids that may cause unsightly appearance or color;
E) substances that would impart any taste or odor to the receJ.vJ.ng
stream; or
F) toxic or poisonous substances.
PRETREATMENT REQUIREMENTS - Any substantive or procedural requirement
related to pretreatment, other than a national pretreatment standard
imposed on an industrial user.
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
Ordinance No.
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POTW. The reduction or alteration can be obtained by physical, chemical
or biological processes, or process changes or by other means, except as
prohibited by 40 Code of Federal Regulations 403.6 (d).
PRIORITY POLLUTANT - A pollutant found in Tablp- II or Table III of 40
CPR l22, Appendix D.
PROPERLY SHREDDED GARBAGE - The wastes from the preparation, cooking and
dispensing of foods that have been shredded to such a degree that all
particles shall be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than one-half"
(0.5) inch in any dimension.
RESPONSIBLE CORPORATE OFFICER - Shall mean:
A) a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy- or decision-making functions for
the corporation, or
B) the manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25 million (in second quarter 1980
dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
SANITARY SEWER - A public sewer that conveys domestic wastewater or
industrial wastes or a combination of both, and into which storm,
surface, groundwaters and other unpolluted waters are not intentionally
passed.
SEPTAGE - Wastes removed from a portable toilet, chemical toilet or
septic tank.
SEVERE PROPERTY DAMAGE - means substantial physical damage to property,
damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which
can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays 1n
production.
SEWAGE SERVICE CHARGE - The charge made on all users of the public sewer
system whose wastes do not exceed in strength the concentration values
established as representative of normal sewage.
SEWAGE WORKS/SYSTEM - All facilities for collection, pumping, treating
and disposing of sewage and industrial wastes and would include sewage,
as well as the sewage treatment facilities.
SEWER - A pipe or conduit for carrying sanitary sewage.
SIC (Standard Industrial Classification) - A classification pursuant to
the Standard Industrial Classification Manual issued by the Executive
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Office of the President, Office of Management and Budget, 1972, or the
latest edition.
SIGNIFICANT INDUSTRIAL USER (SIU) -
A) Except as provided in part B the term shall mean:
1) All industrial users subject to Categorical Standards under 40
CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
2) Any other industrial user that: discharges 25,000 gallons per
day or more of process wastewater to the POTW (excluding"
sanitary, noncontact cooling and boiler blowdown wastewater);
contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or is designated as such by the
Control Authority as defined in 40 CFR 403.l2 (a) 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 CFR
403.8 (f) (6) ) .
B) Upon finding that an industrial user meeting the criteria in part A
(2) has no reasonable potential for adversely affecting the POTW' s
operation or for violating any pretreatment standard or requirement,
the Control Authority (as defined in 40 CPR 403.12 (a)) may at any
time, on its own initiative or in response to a petition received
from an industrial user or POTW, and in accordance with 40 CFR 403.8
(f)(6), determine that such industrial user is not a significant
industrial user.
SLUG DISCHARGE Anv discharge of a non-routine, episodic nature,
including but not limited to an accidental spill or a non-customary
batch discharge, and/or a discharge which violates any specific
prohibitions listed in 40 CFR 403.5 (b), and/or could significantly
disrupt a POTW's system, and/or threaten human health and safety, and/or
could potentially result in violations of the POTW' s NPDES Permit or
sludge requirements.
SPILL - The accidental or intentional loss or unauthorized discharge,
any waste or raw material.
STORM SEWER OR STORM DRAIN - A sewer which carries storm and surface
waters and drainage but excludes sewage and polluted industrial wastes.
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 domestic
sewage.
SUSPENDED SOLIDS - Solids that either float on the surface of, or are in
suspension of water, sewage, or other liquids, and which are removable
by laboratory filtration device. Quantitative determination of
suspended solids shall be made in accordance with procedures set forth
in 40 CFR 136.
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TIME COMPOSITE SAMPLE - Shall mean a sample composed of discrete sample
aliquots collected in a single reservoir at constant time intervals
irrespective of flow.
TO DISCHARGE - To deposit, conduct, drain, emit, throw, run, allow to
seep, or otherwise release or dispose of, or to allow, permit or suffer
any of these acts or omissions.
TOXIC POLLUTANT OR TOXIC SUBSTANCE - Any substance whether gaseous,
liquid or solid which, when discharged to the sewer system in sufficient"
concentrations, as determined by the Environmental Officer, may be
hazardous to sewer maintenance and personnel, tend to interfere with any
wastewater treatment process, or to constitute a hazard to human beings
or animals, or to inhibit aquatic life, or to create a hazard to
recreation in the receiving waters of the effluent from a wastewater
treatment plant; or any pollutant or combination of pollutants listed as
toxic in regulations promulgated by the EPA under the provision of the
Clean Water Act 307 (a) or other Acts.
TRAP - A device designed to skim, settle, or otherwise remove oil,
grease, sand, flammable wastes or other harmful substances.
TWC - Texas Water Commission
UPSET - Means an exceptional incident in which there is unintentional
and temporary noncompliance with categorical Pretreatment Standards
because of factors beyond the control of the Industrial User. An Upset
does not include noncompliance to the extent caused by operational
error, improperly designed treatment faci Ii ties, inadequate treatment
facili ties, lack of preventative maintenance, or careless or improper
operation.
USER - Any person who contributes, causes or permits the contribution of
wastewater into the City's sewer system.
WASTE Rejected, unutilized, or
gaseous or solid form resulting
industrial activities.
superfluous substances in liquid,
from domestic, agricultural or
WASTEWATER - The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and
institutions, together with stormwater which may be present, whether
treated or untreated, which is contributed into or permitted to enter
the POTW.
WATERCOURSE A channel in which a flow of water occurs, either
continuously or intermittently.
SECTION 2: PROHIBITED DISCHARGES
A) No person may introduce into a POTW any pollutant(s) which may pass
through or interfere. Also prohibited are any substances that have
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an adverse effect on the environment, or may endanger life, health
or property, or constitute a public nuisance.
B) Substances specifically prohibited from being discharged into the
sewage system are as follows:
l) Any liquids, solids or gases, including but not limited to,
gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, sulfides or any
other substances which are a fire or other hazard to the system,
which by reason of their nature or quantity are, or may be,
sufficient either alone or by interaction with other substances
to cause fires, explosions, or be injurious in any other way to
the facilities or operation of the sewage system.
2) Any substance which creates a fire or explosion hazard in the
sewage system, including, but not limited to, wastestreams with
a closed cup flashpoint of less than 140 degrees Fahrenheit or
60 degrees Centigrade using the test methods specified in 40 CFR
261. 21.
3) Any wastewater having a pH less than five point zero (5.0),
greater than ten point five (lO.5), or any wastewater having any
other corrosive property capable of causing damage or hazard to
the sewage system or any person.
4) Any wastewater containing pollutants which result in the
presence of toxic gases, vapors, or fumes within the PCTW in a
quantity that may cause acute worker health and or safety
problems.
5) Any liquid or vapor having a temperature higher than 150.F
(65.C); or exhibiting heat in amounts which will inhibit
biological activity in the POTW causing an interference; or, in
any case, exhibiting heat in such quantities that the
temperature at the POTW treatment plant exceeds 40 degrees
Centigrade (104 degrees Fahrenheit).
6) Any pollutant{ s), including oxygen demanding pollutants (COD,
etc.) and total dissolved solids, released in a Discharge at a
flow rate and/or pollutant concentration which will cause Pass
Through or Interference at the POTW or which will cause the POTW
to be in non-compliance with any Federal or State sludge use or
disposal criteria, guidelines or regulations.
7) Any free or emulsified fats, waxes, greases or oils conta1n~ng
substances which may solidify or become viscous at temperatures
between thirty-two (32) and one hundred fifty (150) degrees
Fahrenheit (0 and 65 degrees Celsius); or any combination of
free or emulsified fats, waxes, greases or oils, if, in the
opinion of the Control Authority, it appears probable that such
wastes:
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a) can deposit grease or oil in the sewer system 1n such a
manner as to clog the sewers;
b) can overload skimming and grease handling equipment;
c) are not amenable to bacterial action and will therefore pass
to the receiving water without being affected by normal
sewage treatment processes;
d) can have deleterious effects on the treatment process due to
excessive quantities.
8)
Petroleum oil, nonbiodegradable cutting
mineral oil origin in amounts that will
pass through.
oil,
cause
or products
interference
of
or"
9) Solid or liquid substances which may cause obstruction to the
flow in sewers or other interference with the proper operation
of the wastewater treatment facilities such as, but not limited
to: ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, whole blood, paunch manure,
hair and fleshings, entrails, lime slurry, lime residues, slops,
chemical residues, paint residues, bulk solids or waste paper.
10) Any noxious or malodorous liquids, gases or solids which either
singly or by interaction with other substances are sufficient to
prevent entry into the sewer system for maintenance and repair.
11)
Wastewater containing COD 1n concentrations which
amenable to treatment, or any other substance
determined by the Environmental Officer and/or POTW
amenable to treatment.
are not
which 1S
to be not
12) Any trucked or hauled pollutants, except at discharge points
designated by the City.
13) Pollutant(s) which causes:
a) excessive discoloration;
b) high hydrogen sulfide content;
c) unusual taste or odor-producing substances.
c) In cases where, and in the opinion of the Environmental Officer
and/or POTW, the character of the sewage from any manufacturer of
industrial plant building or other premises is such that it will
damage the system, or cannot be treated satisfactorily in the system,
the Environmental Officer shall have the right to require such user
to dispose of such waste otherwise and prevent it from entering the
sewage system.
D) Unusual flow and concentration of any of the above shall be
pretreated to a concentration acceptable to the City, if such wastes
can:
1) cause damage to sewer system;
2) impair processes;
3) incur treatment cost exceeding those of normal sewage;
4) render the water unfit for stream disposal or industrial use;
5) create a public nuisance.
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SECTION 3: HAZARDOUS METALS AND CHEMICAL OR TOXIC SUBSTANCES
A) It shall be unlawful to discharge into the sewer system, any metals,
chemicals or toxic substances in excess of the following
concentration limits:
1)
The following heavy metals and toxic materials
compounds or elements in solution or
concentrations exceeding these limits:
1n the form of
suspenS10n 1n
PARAMETER
Arsenic (Total)
Cadmium (Total)
Chromium (Total)
Copper (Total)
Cyanide (Total)
Lead (Total)
Mercury (Total)
Nickel (Total)
Silver (Total)
Zinc (Total)
MONTHLY AVERAGE
LIMIT IN mg/L
1.00
0.11
2.77
2.07
0.65
0.69
0.011
2.38
0.43
2.6l
2) All other priority pollutants found in the POTW influent at a
concentration at or above 0.1 mg/L and all Numerical Aquatic
Life Criteria as defined by the TWC including, but not limited
to the following, shall be excluded from the wastewater system
unless a Permit specifying the condition of pretreatment,
concentration, volumes, etc., is obtained from the City:
Aldrin
Aluminum
Carbaryl
Chlordane
Chlorpyrifos
DDT
Demeton
Dieldron
Endosulfan
Guthion
Heptachlor
Hexachlorocyclohexane
Malathion
Methoxychlor
Mirex
PCB (total)
Parathion
Phenanthrene
Pentachlorophenol
Selenium
Silver (free ion)
Toxaphene
Tributyltin
2-4-5-Trichlorophenol
3) Any radioactive wastes or isotopes without pr10r written
perm1SS10n from the Environmental Officer.
B) Except where expressly authorized to do so by an applicable
Pretreatment Standard or Requirement, no Industrial User shall ever
increase the use of process water, or in any other way attempt to
dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with a Pretreatment Standard or
Ordinance No.
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Page l4
requirement. The Control Authority may impose mass limitations on
Industrial Users which are using dilution to meet applicable
Pretreatment Standards or Requirements, or in other cases where the
imposition of mass limitations is appropriate.
c) Upon the promulgation of Federal Categorical Pretreatment Standards
for a particular industrial subcategory, the Federal Pretreatment
Standard, if more stringent than specific limitations imposed under
this Ordinance for industrial users subject to the Federal Standard,
shall supersede the limitations imposed under this Ordinance.
D)
Where industrial users combine waste streams prior to
compliance with an applicable categorical standard
determined either prior to combining the waste streams or
treatment of the combined wastestream (by applying the
Wastestream formula found in 40 CFR 403.6 (e)).
treatment,
will be
following
Combined
E)
If any person discharges a substance into the City's sewer
violation of this Seetion, the Environmental Officer may
the service of sewer and/or water to the premises from
substance was discharged.
system in
terminate
which the
SECTION 4: GARBAGE
A) No person shall discharge garbage into the sewer system unless it is
shredded to a degree that all particles can be carried freely under
the flow conditions normally prevailing in the sewer system.
Particles greater than one-half 0/2) inch 1n any dimension are
prohibited.
B) The City is entitled to reV1ew 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 5: DISCHARGES REQUIRING TRAPS
A) Discharges requiring a
establishment discharging:
trap
include
any
non-residential
1) Grease or water containing grease;
2) Oil;
3) Sand;
4) Flammable wastes, or;
5) Other harmful substances.
B) Any person responsible for discharges requiring a trap shall at
their own expense and as required by the Environmental Officer:
1) Provide equipment and facilities of a type and capacity approved
by the City.
Ordinance No.
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2) Locate the trap 1n a manner that provides ready and easy
accessibility for cleaning and inspection.
3) Maintain the trap in effective and operating condition.
SECTION 6: COMPLIANCE WITH OTHER AUTHORITIES
A) COMPLIA.1'.JCE WITH FEDERAL AUTHORITY
Industrial Users within the jurisdiction of this Ordinance shall
comply with all Federal General Pretreatment Regulations and with
those Federal Categorical Pretreatment Standards applicable to each
as specified in 40 CFR Subchapter N, Parts 401 - 471.
B) COMPLIANCE WITH STATE AUTHORITY
Industrial Users wi thin the jurisdietion of this Ordinance shall
comply with appl icable sections of Chapter 26 of the Texas Water
Code.
SECTION 7: INDUSTRIAL USER WASTEWATER DISCHARGE PERMIT REQUIREMENTS
A) All nondomestic users must notify the Environmental Officer of the
nature and characteristics of their wastewater prior to commencing
their discharge. The Environmental Officer is authorized to prepare
a form for this purpose.
B) It shall be unlawful for significant industrial users to discharge
wastewater, whether directly or indirectly, into the City's sanitary
sewer system without first obtaining an industrial user pretreatment
permit from the City. Any violation of the terms and conditions of
an industrial user wastewater permit shall be deemed a violation of
this article. Obtaining an industrial user wastewater discharge
permit does not relieve a permittee of its obligation to obtain
other permits required by Federal, State, or local law.
C) The Environmental Officer may require that other industrial users,
including liquid waste haulers, obtain industrial user wastewater
discharge permits as necessary to carry out the purposes of this
article.
D) All existing significant users connected to or contributing to the
POTW shall obtain a wastewater discharge permit within one hundred
eighty days after the effective date of this chapter. The
application must be submitted to the Control Authority within ninety
days after the effective date of this chapter.
E) New Connections: Any significant industrial user proposing to begin
or recommence discharging nondomestic wastes into the sanitary sewer
system must obtain a wastewater discharge permit prior to beginning
or recommencing such discharge. For Categorical Industrial Users, a
Baseline Monitoring Report (see Section 8) will be used as an
application for this permit and must be filed at least ninety (90)
Ordinance No.
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Page 16
days prior to commencement of discharge. For Non-categorical
Industrial Users, a permit application must be filed in accordance
with Section l3.
F) Reapplication: Once permitted, the Industrial User has the duty to
reapply if the permittee wishes to continue an activity regulated by
the permit after the expiration date of the permit. The Industrial
User must submit an application for a new permit at least ninety
(90) days before the expiration of the permit in accordance with
Section l3. The applic~tion form may be obtained from the Control
Authority.
SECTION 8: BASELINE MONITORING REPORT
Within 180 days after the effective date of a categorical Pretreatment
Standard, or 180 days after the final administrative decision made upon
a category determination submission under 40 CFR 403.6(a)(4), whichever
is later, existing Industrial Users subject to such Categorical
Pretreatment Standards and currently discharging to or scheduled to
discharge to a POTW shall be required to submit to the Control Authority
a report which contains the information listed in paragraphs A through G
below. Where reports containing this information have already been
submi tted to the Director or the Regional Administrator in compliance
with the requirement of 40 CFR l28.140(b) (1977), the Industrial User
will not be required to submit this information again. At least 90 days
prior to commencement of discharge, New Sources, and sources that become
Industrial Users subsequent to the promulgation of an applicable
categorical standard, shall be required to submit to the Control
Authority a report which contains the information listed in paragraphs A
through E below. New sources shall also be required to include this
report information on the method of pretreatment the source intends to
use to meet applicable pretreatment standards. New Sources shall give
estimates of the information requested in par~graphs D and E.
A) Identifying Information: The User shall submit the name and address
of the facility including the name of the operators and owners;
B) Permits: The User shall submit a list of any environmental control
permits held by or for the facility;
c) Description of Operations: The User shall submit a brief
description of the nature, average rate of production, and the
Standard Industrial Classification of the operation(s) carried out
by such Industrial User. This description should include a
schematic process diagram which indicates points of Discharge to the
POTW from the regulated processes.
D) Flow Measurement: The User shall submit information showing the
measured average daily and maximum daily flow, in gallons per day,
to the POTW from each of the following:
1) Regulated process streams; and
Ordinance No.
9;l-t
Page l7
2) Other streams as necessary to allow use of the combined
wastestream formula of 40 CPR 403.6(e)
The Control Authority may allow for verifiable estimates of these
flows where justified by cost or feasibility considerations.
E) Measurement of pollutants:
l) The User shall identify the Pretreatment Standards applicable to
each regulated process;
2) In addition, the User shall submit the results of sampling and
analysis identifying the nature and concentration (or mass,
where required by the Standard or Control Authority) of
regulated pollutants in the Discharge from each regulated
process. Both daily maximum and average concentration (or mass,
where required) shall be reported. The sample shall be
representative of daily operations:
3) A minimum of four (4) grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide, and volatile organics.
For all other pollutants, 24-hour composite samples must be
obtained through flow-proportional composite sampling techniques
where feasible. The Control Authority may waive flow-
proportional composite sampling for any Industrial User that
demonstrates that flow-proportional sampling is infeasible. In
such cases, samples may be obtained through time-proportional
composi te sampling techniques or through a minimum of four (4)
grab samples where the User demonstrates that this will provide
a representative sample of the effluent being discharged.
4) The User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of
this section.
5) Samples should be taken immediately downstream from pretreatment
facili ties if such exist or immediately downstream from the
regulated process if no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to
pretreatment the User should measure the flows and
concentrations necessary to allow use of the combined
wastestream formula of 40 CFR 403.6(e) in order to evaluate
compliance with the Pretreatment Standards. Where an alternate
concentration or mass limit has been calculated in accordance
with 40 CFR 403.6(e) this adjusted limit along with supporting
data shall be submitted to the Control Authority.
6) Sampling and analysis shall be performed in accordance with the
techniques prescribed in 40 CFR Part 136 and amendments thereto.
Where 40 CFR Part l36 does not contain sampling or analytical
techniques for the pollutant in question, or where the
Administrator determines that the Part l36 sampling and
analytical techniques are inappropriate for the pollutant in
question, sampling and analysis shall be performed by using
Ordinance ~o.
9vl-t'
Page 18
validated analytical methods or any other
and analytical procedures suggested by
parties, approved by the Administrator.
applicable sampling
the POTW or other
7) The Control Authority may allow the submission of a baseline
monitoring report which utilizes only historic~l data so long as
the data provides information sufficient to determine the need
for industrial pretreatment measures;
8) The baseline report shall indicate the time, date and place, of
sampling, and methods of analysis, and shall certify that such"
sampling and analysis is representative of normal work cycles
and expected pollutant Discharges to the POTW.
F) Certification: A statement, reviewed by an authorized
representati ve of the Industrial User (as defined in Section l5),
and certified to by a qualified professional, indicating whether
Pretreatment Standards are being met on a consistent basis, and, if
not, whether additional operation and maintenance (O&M) and/or
additional pretreatment is required for the Industrial User to meet
the Pretreatment Standards and Requirements; and
G) Compliance Schedule. If additional pretreatment and/or O&M will be
required to meet the Pretreatment Standards; the shortest schedule
by which the Industrial User will provide such additional
pretreatment and/or O&M. The completion date in this schedule shall
not be later than the compliance date established for the applicable
Pretreatment Standard.
1) Where the Industrial User's categorical Pretreatment Standard
has been modified by a removal allowance (40 CPR 403.7), the
combined wastestream formula (40 CPR 403.6(e)), and/or a
Fundamentally Different Factors variance (40 CFR 403.l3) at the
time the User submits the report required by this section, the
information required by paragraphs P and G shall pertain to the
modified limits.
2) If the categorical Pretreatment Standard is modified by a
removal allowance (40 CFR 403.7), the combined wastestream
formula (40 CFR 403.6(e)), and/or a Fundamentally Different
Factors variance (40 CPR 403.13) after the User submits the
report required by this section, any necessary amendments to the
information requested by paragraphs F and G of this section
shall be submitted by the User to the Control Authority within
60 days after the modified limit is approved.
SECTION 9:
COMPLIANCE SCHEDULE FOR MEETING CATEGORICAL PRETREATMENT
STANDARDS
The following conditions shall apply to the schedule required by Section
8 (G):
A) The schedule shall contain increments of progress in the form of
date for the commencement and completion of major events leading to
Ordinance No.
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Page 19
the construction and operation of additional pretreatment required
for the Industrial User to meet the applicable categorical
Pretreatment Standards (e.g., hiring an engineer, completing plans,
executing contract for major components, commencing construction,
completing construction, etc.).
B) No increment referred to in Section 9 Paragraph A shall exceed 9
months.
c) Not later than 14 days following each date in the schedule and the
final date for compliance, the Industrial User shall submit a
progress report to the Control Authority including, at a minimum,
whether or not it complied with the increment of progress to be met
on such date and, if not, the date on which it expects to comply
with this increment of progress, the reason for delay, and the steps
being taken by the Industrial User to return the construction to the
schedule established. In no event shall more than 9 months elapse
between such progress reports to the Control Authority.
SECTION 10:
90 DAY COMPLIANCE REPORT
Within 90 days following the date for final compliance with applicable
categorical Pretreatment Standards or in the case of a New Source
following the commencement of the introduction of wastewater into the
POTW, any Industrial User subject to Pretreatment Standards and
Requirements shall submit to the Control Authority a report containing
the information described in Section 8 Paragraphs D, E, and F. For
Industrial Users subject to equivalent mass or concentration limits
established by the Control Authority in accordance with the procedures
in 40 CFR 403.6 (c), this report shall contain a reasonable measure of
the User's long term production rate. For all other Industrial Users
subject to categorical Pretreatment Standards expressed in terms of
allowable pollutant discharge per unit of production (or other measure
of operation), this report shall include the User's actual production
during the appropriate sampling period.
SECTION 11: PERIODIC REPORTS ON CONTINUED COMPLIANCE
A) Any Industrial User subject to a categorical Pretreatment Standard,
after the compliance date of such Pretreatment Standard, or, in the
case of a New Source, after commencement of the discharge into the
POTW, shall submit to the Control Authority during the months of
June and December, unless required more frequently in the
Pretreatment Standard or by the Control Authority or the Approval
Authority, a report indicating the nature and concentration of
pollutants in the effluent which are limited by such categorical
Pretreatment Standards. In addition, this report shall include a
record of measured or estimated average and maximum daily flows for
the reporting period for the Discharge reported in Section 8
Paragraph D except that the Control Authority may require more
detailed reporting of flows. At the discretion of the Control
Authority and in consideration of such factors as local high or low
flow rates, holidays, budget cycles, etc., the Control Authority may
Ordinance ~0.
Y vi -J'
Page 20
agree to alter the months during which the above reports are
submitted.
B) Where the Control Authority has imposed mass limitations on
Industrial Users as provided for by 40 CPR 403.6(d), the report
required by paragraph A above shall indicate the mass of pollutants
regulated by Pretreatment Standards in the Discharge from the
Industrial User.
C) For Indus trial Users subject to equivalent mass or concentration
limits established by the Control Authority in accordance with the"
procedures in 40 CFR 403.6(c), the report required by paragraph A
above shall contain a reasonable measure of the User r s long term
production rate. For all other Industrial Users subject to
categorical Pretreatment Standards expresses only in terms of
allowable pollutant discharge per unit of production (or other
measure of operation), the report required by paragraph A above
shall include the User's actual average production rate for the
reporting period.
SECTION 12:
REPORTING REQUIREMENTS FOR SIGNIFICANT NONCATEGORICAL
INDUSTRIAL USERS
Significant Noncategorical Industrial Users shall submit to the Control
Authority at least once every six month (on dates specified by the
Control Authority) a description of the nature, concentration, and flow
of the pollutants required to be reported by the Control Authority.
These reports shall be based on sampling and analysis performed in the
period covered by the report, and performed in accordance with the
techniques described in 40 CPR Part 136 and amendments thereto. Where
40 CPR Part 136 does not contain sampling or analytical techniques for
the pollutant in question, or where the Administrator determines that
the Part 136 sampling and analytical techniques are inappropriate for
the pollutant in question, sampling and analysis shall be performed by
using validated analytical methods or any other applicable sampling and
analytical procedures, including procedures suggested by the POTW or
other persons, approved by the Administrator. This sampling and
analysis may be performed by the Control Authority in lieu of the
significant noncategorical industrial user. Where the Control Authority
collects all the information required for the report, the noncategorical
significant industrial users will not be required to submit the report.
SECTION 13: PERMIT APPLICATION
A) Significant industrial users required to obtain an Industrial
Wastewater Discharge Permit shall complete and file with the
Environmental Officer, an application upon a form provided by the
City. A permit fee shall accompany the application. In support of
the application, the significant industrial user shall submit the
following information:
1) Identifying Information: The User shall submit the name and
address of the facility including the name of the operators and
owners;
Ordinance No.
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Page 21
2) Permits: The User shall submit a list of any environmental
control permits held by or for the facility;
3) Description of Operations: The User shall submit a brief
description of the nature, average rate of production, and the
Standard Industrial Classification of the operation(s) carried
out by such Industrial User. This description should include a
schematic process diagram which indicates points of Discharge to
the POTW from the regulated processes.
4) Flow Measurement: The User shall submit information showing
the measured average daily and maximum daily flow, 1n gallons
per day, to the POTW from each of the following:
a) Regulated process streams; and
b) Other streams as necessary to allow use of the combined
wastestream formula of 40 CPR 403.6(e)
The Control Authority may allow for
these flows where justified by
considerations.
verifiable
cost or
estimates of
feasibility
S) Wastewater constituents and characteristics including but not
limited to those mentioned in this Ordinance, and any Federal,
State or local standards. Sampling and analysis shall be
performed in accordance with procedures established by the EPA
pursuant to Sec 304 (g) of the Act; in 40 CFR, Part 136, as
amended; and 40 CPR, Part 403.12 (b) (S), as amended.
6) Certification: A statement, reviewed by an authorized
representative of the Industrial User (as defined in
Section l5), and certified to by a qualified professional,
indicating whether Pretreatment Standards are being met on a
consistent basis, and, if not, whether additional operation and
maintenance (O&M) and/or additional pretreatment is required for
the Industrial User to meet the Pretreatment Standards and
Requirements; and
7) Compliance Schedule. If additional pretreatment and/or O&M will
be required to meet the Pretreatment Standards; the shortest
schedule by which the Industrial User will provide such
additional pretreatment and/or O&M. The completion date in this
schedule shall not be later than the compliance date established
for the applicable Pretreatment Standard.
The following conditions shall apply to the schedule required by
this paragraph:
a) The schedule shall contain increments of progress in the
form of date for the commencement and completion of major
events leading to the construction and operation of
additional pretreatment required for the Industrial User to
meet the applicable Pretreatment Standards (e.g., hiring an
Ordinance No. 9 c2 - t
Page 22
engineer, completing plans,
components, commencing
construction, etc.).
No increment referred to 1n
shall exceed 9 months.
executing contract
construction,
for major
completing
b)
Section 13 Paragraph A(7)(a)
Not later than 14 days following each date in the schedule and
the final date for compliance, the Industrial User shall submit
a progress report to the Control Authority including, at a
minimum, whether or not it complied with the increment of
progress to be met on such date and, if not, the date on which
it expects to comply with this increment of progress, the reason
for delay, and the steps being taken by the Industrial User to
return the construction to the schedule established. In no
event shall more than 9 months elapse between such progress
reports to the Control Authority.
8) Any other information as deemed necessary by the City to
evaluate the permit application.
B) The Environmental Officer shall issue a permit if he determines that
pretreatment facilities are adequate for efficient treatment and
that discharged wastes will comply with the requirements of Section
2 and Section 3 and State or Federal Pretreatment Standards, if
applicable.
SECTION l4: PERMIT CONDITIONS
A) Industrial Wastewater Discharge Permits shall be expressly subject
to all provisions of this Article and dll other applicable
regulations, user charges and fees established by the City. Permits
shall contain but not be limited to, the following:
l) Statement of duration (in no case more than five years);
2)
Statement of non-transferability without, at a
notification to the POTW and provision of a copy
control mechanism to the new owner or operator;
. . .
m1n1mum, pr10r
of the existing
3) Effluent limits based on applicable general
standards in 40 CFR Part 403, categorical
standards, local limits, and State and local law;
pretreatment
pretreatment
4) Self-monitoring, sampling, reporting, notification and
recordkeeping requirements, including an identification of the
pollutants to be monitored, sampling location, sampling
frequency, and sample type, based on the applicable general
pretreatment standards, local limits, and State and local law;
5) Statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedules may not extend
the compliance date beyond applicable federal deadlines.
Ordinance No.
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SECTION 15: SIGNATORY REQUIREMENTS FOR INDUSTRIAL USER REPORTS
The reports required under Sections 8, 10, II and 12 shall include the
certification below:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or superV1S10n 1n
accordance with a system designed to ensure 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 information, the
information submitted is, to the best of my knowledge 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."
and shall be signed as follows:
1) By a responsible corporate officer, if the Industrial User
submitting the reports 1S a corporation.
2) By a general partner or proprietor if the Industrial User
submitting the reports is a partnership or sole proprietorship,
respectively.
3) The principal executive officer or Environmental Officer having
responsibility for the overall operation of the discharging
facility if the Industrial User submitting the reports is a
Federal, State, or local governmental entity, or their agents.
4) By a duly authorized representative of the individual designated
1n paragraph (1), (2), or (3) of this section if:
a) The authorization is made in writing by the individual
described in paragraph (1), (2), or (3),
b) The authorization specifies either an individual or a
position having responsibility for the overall operation of
the facility from which the industrial discharge originates,
such as the position of plant manager, operator of a well,
or well field superintendent, or a position of equivalent
responsibility for environmental matters for the company;
and
c) The written authorization is submitted to the City.
5) If an authorization under paragraph (4) is no longer accurate
because a different individual or position has responsibility
for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new
authorization satisfying the requirements of paragraph (4) of
Ordinance No. 9:Z -t
Page 24
this seetion must be submitted to the City prior to or together
with any reports to be signed by an authorized representative.
SECTION 16: PERMIT ISSUANCE PROCESS
A) Permit Duration: Permits shall be issued for a specified period,
not to exceed five (S) years. A permit may be issued for a period
less than five (5) years, at the discretion of the Environmental
Officer.
B) Permit Appeals: The Environmental Officer will provide all
interested persons with notice of final permit decisions. Upon
notice by the Environmental Officer, any person, including the
industrial user, may pet1 t10n to appeal the terms of the permit
within thirty (30) days of the notice to the Environmental Appeals
Committee.
1) Failure to submit a timely pet1t10n for reV1ew shall be deemed
to be a waiver of the appeal.
2) In its pet1t10n, the appealing party must indicate the permit
provisions objected to, the reasons for this objection, and the
alternative condition, if any, it seeks to be placed 1n the
permit.
3) The effectiveness of the permit shall not be stayed pending a
reconsideration by the Committee. If, after considering the
petition and any arguments put forth by the Environmental
Officer, the Committee determines that reconsideration is
proper, it shall remand the permit back to the Environmental
Off icer for reissuance. Those permit provisions being
reconsidered by the Environmental Officer shall be stayed
pending reissuance.
4) An Environmental Appeals Committee decision not to reconsider a
final permit shall be considered final administrative action for
purposes of judicial review.
C) Permit Action: The Control Authority has the power to deny or
condition new or increased contributions of pollutants, or changes
in the nature of pollutants, to the POTW by an Industrial User where
such contributions do not meet applicable Pretreatment Standards and
Requirements or where such contributions would cause the POTW to
violate it NPDES permit. The Environmental Officer may modify the
permit for good cause including but not limited to, the following:
1) To incorporate any new or revised Federal, State, of local
pretreatment standards or requirements.
2)
Material or substantial alterations
discharger's operation processes, or
character which were not considered in
permit.
or additions to the
discharge volume or
drafting the effective
Ordinance No.
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Page 25
3) A change in any condition in whether the industrial user or the
POTW that requires either a temporary or permanent reduction or
Alimination of the authorized discharge.
4)
Information indicating that the permitted discharge
threat to the Control Authority's collection and
systems, POTW personnel or the receiving waters.
poses a
treatment
5) Viol~tion of any terms or conditions of the permit.
6) Misrepresentation or failure to disclose fully all relevant
facts in the permit application or in any required reporting.
7) Revision of or a grant of variance from such categorical
standards pursuant to 40 CPR 403.13.
8) To correct typographical or other errors 1n the permit.
9) To reflect transfer of the faeility ownership and/or operation
to a new ow~er/operator.
10) Upon request of the permittee, provided such request does not
create a violation of any applicable requirements, standards,
laws, or rules and regulations.
The filing of a
revocation and
planned changes
permit condition.
request by the permittee for a permit modification,
reissuance, or termination, or a notification of
or anticipated noncompliance, does not stay any
D) Permit Transfer: Permits may be reassigned or transferred to a new
owner and/or operator with prior approval of the Environmental
Officer:
1) The permittee must give at least thirty (30) days advanced
notice to the Environmental Officer.
2) The notice must include a written certification by the new owner
which:
a) States that the new owner has no immediate intent to change
the facility's operations and processes
b) Identifies the specific date on which the transfer 1S to
occur
c) Acknowledges full responsibility for complying with the
existing permit.
E) Permit Termination: Pretreatment permits may be terminated for
reasons including but not limited to, the following:
l) Falsifying self-monitoring reports.
Ordinance No.
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Page 26
2) Tampering with monitoring equipment.
3) Refusing to allow timely access to the facility prem1ses and
records.
4) Failure to meet effluent limitations.
5) Failure to pay fines.
6) Failure to pay sewer charges.
7) Failure to meet compliance schedules.
F) Permit Reissuance: The user shall apply for permit reissuance by
submitting a complete permit application a minimum of ninety (90)
days prior to the expiration of the user's existing permit.
G) Continuation of Expired Permits: An expired permit will continue to
be effective and enforceable until the permit is reissued if:
1) The industrial user has submitted a complete permit application
at least ninety (90) days prior to the expiration date of the
user's permit.
2) The failure to reissue the permit, prior to expiration of the
previous permit, is not due to any act or failure to act on the
part of the industrial user.
SECTION 17:
GENERAL REPORTING AND RECORD-KEEPING REQUIREMENTS
A) If sampling performed by an Industrial User indicates a violation,
the user shall notify the Control Authority within 24 hours of
becoming aware of the violation. The User shall also repeat the
sampling and analysis and submit the results of the repeat analysis
within 30 days after becoming aware of the violation.
B) If an Industrial User subject to the reporting requirements of
Section 11 or Section 12 monitors any pollutant more frequently than
required by the Control Authority, using the procedures as
prescribed 40 CFR 403.l2(g)(4), the results of this monitoring shall
be included in the report.
c) Any Industrial User subject to the reporting requirements
established in this ordinance or the permit shall retain for a
minimum of 3 years any records of monitoring activities and results
(whether or not such monitoring activities are required by this
ordinance or the permit) and shall make available for inspection
and copying by the EPA, TWC or the POTW. This period of retention
shall be extended during the course of any unresolved litigation
regarding the Industrial User or the POTW or when requested by the
state or the federal government. For all samples, such records
shall include but not be limited to:
Ordinance No.
9;2-t
Page 27
1) The date, exact place, method, and time of sampling and the
names of the person or persons taking the samples;
2) The date analyses were performed;
3) Who performed the analyses;
4) The analytical techniques/methods used; and
5) The results of such analyses.
SECTION 18: PROCEDURES FOR ABATEMENT OF VIOLATIONS
A) Whenever the Environmental Officer has determined that any person
has violated any provision of this Ordinance or permit, or that such
violation is continuing or reoccurring, he will investigate and
respond to such instances of industrial user noncompliance in
accordance with the Enforcement Response Plan developed by the City
accordance with 40 CFR 403.8(f)(5). In addition to any other remedy
provided for in this Ordinance, the Environmental Officer may issue
a notice and order directing that such violation be corrected. Such
notice and order shall state:
l) The nature of the violation and the prOV1S10ns of this Ordinance
which have been violated.
2) The corrective action that must be taken and the amount of time
allowed to correct the violation.
3) That the person receiving the notice or order may appeal to the
Environmental Appeals Committee by filing an appe~l, in writing,
with the Environmental Officer within five (5) days of the
service of the notice or order.
4) That failure to comply with the notice or order and failure to
file a timely appeal may result in termination of sewer and/or
water service.
B) Any notice and order issued under this Ordinance shall be in wr1t1ng
and served in person or by registered or certified mail on the user
of the sewage system or other persons determined to be responsible
for such violation.
c) Any person may appeal the notice and order of the Environmental
Officer by filing a written notice of appeal with the Environmental
Officer on forms provided by the Environmental Officer. Such notice
of appeal shall be filed within five (5) days of service of the
order.
D) If no timely appeal is filed, the Environmental Officer may, if
violation is continuing or reoccurring, terminate sewer and/or water
service to the person ordered to correct or abate such violation if
the violation has not been corrected within the time specified in
the order.
Ordinance No. 5i02 -~
Page 28
E) The City, after informal notice to the discharger, can immediately
and effectively halt or prevent any discharge of pollutants and/or
terminate water service when such action is necessary, in the
opinion of the Environmental Officer, in order to stop an actual or
threatened discharge which presents, or may present, an imminent or
substantial endangerment to the health or welfare of persons, to the
environment, causes interference with the treatment processes or
causes the POTW to violate its NPDES Permit.
SECTION 19: ENVIRONMENTAL APPEALS COMMITTEE
A) An Environmental Appeals Committee is hereby established and
authorized to hear and decide appeals from any order issued by the
Environmental Officer pursuant to this Ordinance. The Committee
shall be composed of the City Manager, or Assistant City Manager,
the Public Works Director and the City Attorney or their designated
representative.
B) The Committee may call and hold hearings, administer oaths, receive
evidence at the hearing, issue subpoenas to compel the attendance of
witnesses and the production of papers and documents related to the
hearing, and make findings of faet and decisions with respect to
administering its powers herein.
C) Upon the hearing, the Committee shall determine if there 1S a
preponderance of evidence to support the Environmental Officer's
determination and order. The decision of the Committee shall be in
writing and contain findings of fact. If the Committee determines
that there is a preponderance of evidence to support the
determination and order of the Environmental Officer, the Committee
shall, in addition to its decision, issue an order:
1) requ1r1ng discontinuance of such violation or condition,
2) requiring compliance with any requirement to correct or prevent
any condition or violation, or
3) suspending or revoking any permit issued under this Ordinance.
D) In any decision issued by the Committee, the order shall specify the
time in which the compliance with the order must be taken. A copy
of the order shall be delivered to the appellant or person to whom
the order is directed in person or sent to him by registered or
certified mail.
SECTION 20: DETERMINING THE CHARACTER AND CONCENTRATION OF WASTEWATER
A) The wastewater discharged or deposited into the sewage system shall
be subject to periodic inspection and sampling as often as may be
deemed necessary by the Environmental Officer. Industrial Users
will be inspected and monitored a minimum of once per year.
Sampling shall be conducted according to customarily accepted
methods, reflecting the effect of constituents upon the sewage
Ordinance No.
9 cl-~
Page 29
system and determining the existence of hazards to health, life,
limb, and property.
B) The examination and analysis of the characteristics of waters and
wastes shall be:
1) Performed ~n accordance with procedures established by the
Administrator pursuant to section 304(h) of the Act and
contained in 40 CFR 136 and amendments thereto or with any other
test procedures approved by the Administrator. Sampling shall
be performed in accordance with the techniques approved by the
Administrator. Where 40 CFR P~rt 136 does not include sampling
or analytical techniques for the pollutants in question, or
where the Administrator determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in
question, sampling and analyses shall be performed using
validated analytical methods or any other sampling and
analytical procedures, including procedures suggested by the
POTW or other parties, approved by the Administrator.
2) Determined from suitable samples taken at the control manhole
provided or other control points authorized by the City provided
at the expense of the industry.
3) The City may select an independent firm or laboratory to perform
sampling and laboratory an~lyses.
4) The determination of the character and concentration of
industrial wastewater shall be made by the Environmental Officer
at such times and on such schedules as he may establish.
5) The City may require any person determined to be discharging
wastewater in violation of this Ordinance to compensate the City
for the costs of sampling, analyses of the discharges and
additional Administrative fees until the discharged wastewater
is in compliance with this Ordinance.
SECTION 21: SAMPLING AND ANALYSES FEES
A) Each significant industrial user for which the Control Authority has
reporting requirements under its National Pollutant Discharge
Elimination System permit shall compensate the City for the cost of
sampling, laboratory analyses and administration required to monitor
wastewater discharges. The Environmental Officer shall determine
the number of samples and frequency of sampling necessary to
maintain surveillance of discharges.
B)
Each contributing industry or commercial firm for which the
required to take samples and run laboratory analyses to
wastewater discharges shall compensate the City for the
sampling and laboratory analyses.
City is
monitor
cos t of
Ordinance No.
9~-t
Page 30
c) All fees required under this Ordinance shall be invoiced to the
contributing industry or commercial firm by the City and shall be
payable as indicated on the invoice.
SECTION 22: INDUSTRIAL WASTEWATER SURCHARGE
A) A surcharge may be applied in addition to the monthly sewer service
charge for the discharge of above normal strength wastewater to
cover the additional costs of treating such wastewater. Such a
charge is collected by the City.
B) The surcharge shall be calculated as follows:
C = [B(Bu-250) + S (Su-250)] x F x V
Where:
C =
B =
Bu =
S =
Su =
F =
V =
250 =
surcharge to the user in dollars
unit cost factor for tre~ting one unit of BOD (per 1,000
gallons)
the tested BOD of the discharge
unit cost factor for treating one unit of total suspended
solids (per 1,000 g~llons)
the tested total suspended solids of the discharge
a factor of 8.34 to convert mg/L to pounds/gallon
monthly billing volume (discharge) in thousand gallons
average domestic BOD and total suspended solids (250
mg/L)
SECTION 23: INSPECTION AND SAMPLING
A) Representatives of the City, the U.S. Environmental Protection
Agency, the Texas Water Commission, and the Texas Department of
Health, or any successor agency bearing proper credentials and
identification, shall be permitted to enter any properties at any
reasonable time for the purpose of inspection, observation,
measurement, sampling, examination and copying of records, and
testing of the sewage system or any wastewater discharged into the
sewage system.
B)
inspection
compliance
and
with
The Environmental Officer shall carry out all
monitoring procedures necessary to determine
applicable Pretreatment Standards and requirements.
C) Anyone acting under this authority shall observe the establishment's
rules and regulations concerning safety, internal security and fire
protection.
SECTION 24: CONTROL MANHOLE
A) When necessary to monitor wastewater discharged into the sewage
system, the Environmental Officer may require an industrial user to
install a suitable control manhole in order to adequately sample and
measure such wastewater. Installation of meters, equipment and
Ordinance No.
9 cJ -t
Page 31
accessories as deemed necessary by the Environmental Officer 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 Environmental Officer for review an approval to
insure compliance with this section. Plans must include any meters
or other equipment required to be installed.
SECTION 25:
PRETREATMENT REQUIRED
A) Industrial users shall provide necessary wastewater treatment as
required to comply with this Ordinance, Federal Categorical
Pretreatment Stand~rds, and any State or Pederal 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. The City can require the
development of a compliance schedule by each Industrial User for the
installation of technology required to meet applicable Pretreatment
Standards and Requirements.
B) Before beginning construction of pretreatment facilities, the user
shall submit detailed plans and operating procedures for the
facility to the Environmental Officer for review and approval. The
review and approval of such plans and procedures will in no way
relieve the user from the responsibility of modifying the facility
as necessary to produce an effluent acceptable to the City under the
provisions of this Ordinance.
c) All Industrial Users shall promptly notify the POTW in advance of
any substantial change in the volume or character of pollutants 1n
their discharge..
D)
All records relating to compliance with the
shall be made available to officials of
Environmental Protection Agency upon request.
Pretreatment Standards
the City, State, or
E) The determination of the character and concentration of industrial
wastewater shall be made by the Environmental Officer at such times
and on such schedules as he may establish.
SECTION 26: NOTICE OF SIGNIFICANT NONCOMPLIANCE
A) The City shall publish annually a list of industrial users 1n
significant noncompliance of applicable Pretreatment Standards or
other pretreatment requirements during the preV10US twelve (12)
months. The notification shall also summarize any enforcement
actions taken against the users during the same period. Said list
Ordinance No. ,~:l - t
Page 32
shall be published in the largest daily newspaper published 1n the
Municipality in which the Control Authority is located.
B) For purposes of this seetion; an industrial user is in significant
noncompliance if its violation(s) meets one or more of the criteria
defined under 40 CPR 403.8(f)(2)(vii).
SECTION 27 : FALSIFYING INFORMATION
Any person who knowingly 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 knowingly renders inaccurate any monitoring
device or method required under this Ordinance, shall, upon conviction,
be punished by a fine of not more than two thousand dollars ($2000.00)
for each conviction.
SECTION 28: BYPASS
A) Bypass not violating applicable Pretreatment Standards or
Requirements. An Industrial User may allow any bypass to occur
which does not cause Pretreatment Standards or Requirements to be
violated, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the
prOV1S10ns of Paragraphs Band C, below.
B) Notice.
1) If an Industrial User knows in advance of the need for a bypass,
it shall submit prior notice to the Control Authority, if
possible at least ten days before the date of the bypass.
2) An Industrial User shall submit oral notice of an unanticipated
bypass that exceeds applicable Pretreatment Standards to the
Control Authority within 24 hours from the time the Industrial
User becomes aware of the bypass. A written submission shall
also be provided within 5 days of the time the Industrial User
becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration
of the bypass, including exact dates and times, and if the
bypass has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the bypass. The Control
Authority may waive the written report on a case-by-case basis
if the oral report has been received within 24 hours.
C) Prohibition of Bypass.
1)
Bypass is prohibited, and the Control Authority
enforcement action against an Industrial User for
unless:
a) Bypass was unavoidable to prevent loss of life,
injury or severe property damage;
may take
a bypass,
personal
Ordinance No.
fcJ-C
Page 33
b) There were no feasible alternatives to the bypass, such as
the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of
equipment down time. This condition is not satisfied if
adequate back-up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
c) The Industrial User submitted notices as required under
Paragraph B of this Section.
2) The Control Authority may approve an anticipated bypass, after
considering its adverse effects, if the Control Authority
determines that it will meet the three conditions in Paragraph
C(1) of this Section.
SECTION 29: SLUG CONTROL PLAN
A) Each industrial user shall provide protection from slug discharges,
as defined in Section 1 of this ordinance. The Control Authority
may requ1re the Industrial User to develop and implement a slug
control plan. The plan shall contain, at a minimum, the following
elements:
1) Description of discharge practices, including non-routine batch
discharges;
2) Description of stored chemicals;
3) Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate a prohibition under 40
CPR 403.5, with procedures for follow-up written notification
within five days;
4) If necessary, procedures to prevent adverse impact from
accidental spills, including inspection and maintenance of
storage areas, handling and transfer of materials, loading and
unloading operation, control of plant site run-off, worker
training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including
solvents), and/or measures and equipment for emergency response.
SECTION 30: NOTICE OF POTENTIAL PROBLEMS, INCLUDING SLUG LOADING
All categorical and non-categorical Industrial Users shall notify the
POTW and the city immediately of all discharges that could cause
problems to the POTW, including any slug loadings, by the Industrial
User.
SECTION 31: UPSETS
A)
Effect of an upset.
defense to an action
Pretreatment Standards
An upset shall constitute an affirmative
brought for noncompliance with categorical
if the requirements of paragraph B are met.
Ordinance No.
9~-i
Page 34
B) Conditions necessary for a demonstration of upset. An Industrial
User who wishes to establish the affirmative defense of Upset shall
demonstrate, through properly signed, contemporaneous operation
logs, or other relevant evidence that:
1) An Upset occurred and the Industrial User can identify the
cause(s) of the Upset;
2) The facility was at the time being operated in a prudent and-
workman-like manner and in compliance with applicable operation
and maintenance procedures;
3) The Industrial User has submitted the following information to
the POTW and Control Authority within 24 hours of becoming aware
of the Upset (if this information is provided orally, a written
submission must be provided within five days);
(a) A description of the Indirect Discharge and the cause of
noncompliance;
(b) The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance
is expected to continue;
(c) Steps being taken and/or plans to reduce, eliminate and
prevent recurrence of the noncompliance.
c)
Burden of proof. In any enforcement proceeding the
seeking to establish the occurrence of an Upset
burden of proof.
Industrial User
shall have the
D) Reviewability of agency consideration of claims of upset. In the
usual exerc~se of prosecutorial discretion, Agency enforcement
personnel should review any claims that non-compliance was caused by
an Upset. No determin~tions made in the course of the review
constitute final Agency action subject to judicial review.
Industrial users will have the opportunity of a judicial
determination on any claim of Upset only in an enforcement action
brought for noncompliance with categorical Pretreatment Standards.
E) User responsibility in case of upset. The Industrial User shall
control production or ;,111 Discharges to the extent necessary to
maintain compliance with categorical Pretreatment Standards upon
reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among
other things, the primary source of power of the treatment facility
is reduced, lost or fails.
SECTION 32: NOTIFICATION OF DISCHARGE OF HAZARDOUS WASTES
A) Industrial Users shall notify the POTW, the EPA Regional Waste
Management Division Director, and State hazardous waste authorities
in wr1t1ng of any discharge into the POTW of a substance which, if
otherwise disposed of , would be a hazardous waste under 40 CFR Part
261. Such notification must include the name of the hazardous waste
Ordinance No. ~;2 -~
Page 35
as set forth in 40 CFR Part 261, the EPA hazardous waste number, and
the type of discharge (continuous, batch, or other). If the
Industrial User discharges more than lOO kilo~rams of such waste per
calendar month to the POTW, the notification shall also contain the
following information to the extent such information is known and
readily available to the Industrial User: An identification of the
hazardous constituents contained in the wastes, an estimation of the
mass and concentration of such constituents in the wastestream
discharged during that calendar month, and an estimation of the mass
of constituents in the wastestream expected to be discharged during-
the following twelve months. Industrial Users shall provide the
notification no later than 180 days after the discharge of the
listed or characteristic hazardous waste. Any notification under
this paragraph need be submitted only once for each hazardous waste
discharged. However, notifications of changed discharges must be
submitted under 40 CFR 403.l2(j). The notification requirement in
this section does not apply to pollutants already reported under the
self-monitoring requirements of 40 CFR 403.12 (b),(d) and (e).
B) Dischargers are exempt from the requirements of Section 30 paragraph
A during a calendar month in which the discharge no more than
fifteen kilograms of hazardous wastes, unless the wastes are acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e).
Discharge of more that fifteen kilograms of non-acute hazardous
wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a
one-time notification.
Subsequent months during which the Industrial User discharges more
than such quantities of any h~zardous waste do not requlre
additional information.
c) In the case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste or listing
any additional substance as a hazardous waste, the Industrial User
must notify the POTW, the EPA Regional Waste Management Division
Director and the State hazardous waste authorities of the discharge
of such substance within 90 days of the effective date of such
regulations.
D) In the case of any notification made under Section 30 of this
ordinance, the Industrial User shall certify that is has a program
in place to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically
practical.
SECTION 33:
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 agency 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 divulge information,
Ordinance No.
9 :< -t,
Page 36
processes or methods of production entitled to protection as trade
secrets of the user.
B) When requested by the person furnishing 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 governmental agencies for
uses related to this Ordinance, the National Pollutant Discharge
Elimination System (NPDES) Permit, State Disposal System permit
and/or the Pretreatment Programs; provided, however, that such-
portions of a report shall be available for use by the State or any
state agency in judicial review or enforcement proceedings involving
the person furnishing the report. Effluent data, as defined in 40
CFR 2.302, will not be considered confidential.
SECTION 34: MISCELLANEOUS OFFENSES RELATING TO SEWER SYSTEM
No person other than a regular employee or officer of the City charged
with such duties, shall do or aid in doing any of the following acts:
1) Opening, closing, lifting or removing the cover of any sanitary
sewer manhole or clean-out plug of the City sewer system;
2) Interfering with, destroying, impairing, injuring or defacing any
property which is a part of or essential to the proper functioning
of the City sewer system;
3) Covering or concealing from V1ew any sanitary sewer manhole;
4) Tapping and/or otherwise connecting into an existing sanitary sewer
main which is a part of the City sewer system.
SECTION 35: DANGEROUS DISCHARGES
The Control Authority, after informal notice to the discharger, can
immediately and effectively halt or prevent any Discharge of pollutants
which reasonably appears to present an imminent endangerment to the
health or welfare of persons. The Control Authority, after notice to
the affected Industrial Users and an opportunity to respond, can halt or
prevent any Discharge to the POTW which presents or may present an
endangerment to the environment or which threatens to interfere with the
operation of the POTW.
SECTION 36: PENALTIES
A) In addition to prohibiting certain conduct by natural persons, it is
the intent of this article to hold a corporation or association
legally responsible for prohibited conduct performed by an agent
acting in behalf of a corporation or association and within the
scope of his office or employment.
B) Any person found to be guilty of violating prov1s10ns of this
article shall become liable to the City for any expense, loss, or
damage occasioned by the City for reason of appropriate clean-up and
Ordinance No.
tj~ i
Page 37
proper disposal of said waste materials. Additionally, an
administrative fee up to one-half (1/2) of assessed clean-up costs
may be levied by the City against the guilty person.
c) Additionally, the City is entitled to pursue all other criminal and
civil remedies, including injunctive (judicial) relief to which it
is entitled under the authority of statutes and/or other ordinances
and/or under applicable state and Federal laws against a person
continuing prohibited discharges or violating any other provision of
this Ordinance.
SECTION B.
Any person, operator, or owner who shall violate any
provision of this ordinance, or who shall fail to comply with any
prov1s10n hereof, shall be guilty of a misdemeanor and, upon conviction,
shall be subject to a fine not to exceed two thousand dollars
($2,000.00), and each day a violation exists shall constitute a separate
offense and shall be punished accordingly.
SECTION C.
All prOV1S10ns of any existing ordinances of the City
~n conflict with the provisions of this Ordinance are hereby repealed,
and all other provisions of any existing ordinance of the City, not in
conflict with the prOV1S10ns of this Ordinance, shall rema1n 1n full
force and effect.
SECTION D.
It is the intention of the City Council that this
Ordinance, and every provision thereof, shall be considered severable,
and the invalidity or unconstitutionality of any section, clause,
prov1s10n or portion of this Ordinance shall not affect the validity or
constitutionality of any other portion of this Ordinance."
Ordinance No.
7/ -6
Page 38
SECTION E.
This Ordinance shall become effective immediately upon
its passage and publication as required by law and approval is received
from the U.s. Environmental Protection Agency.
DULY
PASSED
AND
APPROVED
!Lr~.-?'7 V
(/
, 1992.
ATTEST:
d~
THIS
THE
DAY
OF
THE WYLIE NEWS
P.o. Box 369
Wylie. Tau 76088
.,
STATE OF TEXAS
COUNTY OF COLLIN
.
,
Before me, the undersigned authority, on this day personally ap-
peared Truett Smith, 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 OJrrJivravr('(> No. 9'2-6
was published in said newspaper on the following dates to wit:
lfJf y 1 , 199' and ,199'.
and sworn to before me this the
199:2:10 certify which witness my hand
~
. t
q:!:!Y"
~
~,
...
.
.
.~
.
f)~ (J~ ~
. '. Margaret Cook
Notary Public
In and for the
State of Texas
"
,
My Commission expires 9-12-93
Serving IJ'ideawake IJ'ylie Since J941
!.,,-USSlI:' LIght, Autumn Fernald, Rachel1\-lc1\lahan. April Eichenbf'rger.
_'un::-" \lilln, Phuonl; Lien. and Natalie GR<.:;kill; \second rov;} l\landy
_.;.iJ;:'!l, Amy Cl{l~et Chery! '\Villiams. Jason Copling. l\-larr SherriL. and
SB.r.8: Por:;;:-ht{'rn. :\Iurgaret Smith. Andren Denig, Emily EggemC'ycr.
,;:r, ,Tl::~m~' Brunt'. Ste-ven Combest. and Timo Gray; (fourth rm~:) .Jpnnife-T
Cl.L1ri. ~i('(; S[rphL'n.,. Billy Johnson. Cody Parker. Shawn Eckman. and John L,Vud-
YOU rl~N
2-7776
'T/?AVEIPOR.!
-1, >. Ai'~lid Or'" \','{,' Lou' Fri'>',,,
E HO\V THEY RUN
Sai F. ('flectl...~~(' elimination
; ami n,lip!, household pests including
1~,,:~
tes
~:),< ~''r"''i~i\~
.4-.""'c ;. ,":, ~- - 1~
"-:B- 'i;;;;'~ ,>j
~~- :-;~~
\ \."'<r
~.~' - . '--/~'. .
~~~-_~':;1
rougs
and Fieab
fish
~ugF:
;S (',;, 1\10::2\;
LIE PEST CONTROL
442.5749
IDEO
fITS
~1 N. Hw~' 78
W)TIif"
42.4130
LEGALS
ORDl'\A:\CE '\(' ":e
AN ORDlNA'\CE OF THE
CITY OF WYLIE, TEXc\S,
AMENDI\'G .TOR-
DI"A\'CE',;;-~[J_
UTILITIES, PROYID1\:G
FOR THE DISPO"AL OF
SE\\AGE Ai\D HIE USE
OF PUBLIC SnYEH,S-
REGL'LATl'\G TIt:-
DISCHARGE OF 1,\-
DUSTRIAL \\-,STI:.S INTO
THE SA:\ITARY SFiYEF
OF THE ClT\
REGl'L,".TI\-C;
t'\:SE\\-ERED ,\\'n
:'II I S C ELL A ,,\ E (, L "
DISCIL".R(;U; pro,
\")D!:\G FOr: ,\ Pi.'niTT
SYSTEyl \nTH DE:\!,".L,
SL'SPENSIO~" llE\ (h ,\
'1101\ -\:\D A:\ "PPEAL__
PROCESS: PHOYllJI:\" "
PE:\,U TY CLA-L'SE .-'\
REPEALING CL\r:SE"
SEVERABILITY CL\L'SE.
A'\D ".N EFrECTl\T
DATE.
DUL) P-'\SSED ,\\:1) \:'
PROVED THIS TIE:
DA Y OF JL'\'E. 19,,:
.j nrm VI /UUll
:IIAYOF:
A TTl:Sf
Carol,"n ,Iune~
CTn SECHET,\HY
APPROVED AS TU rOH:'I!:
Sl-p\,en P. Dl'ite1"
CITY ,-'\'l'TOH ',EY
-i-II C
ORDINANCE \,0 "y;
A1\ OHDT\:A \r;:
eJTY OF \\,YLlE, TEXAS
ESTABLISHING PHO,
CEDUHES A,'\D HE
QUIHE:\IENTS FOR SITE
PLAN REVIE\\' A\rC<,
DING EXISTlXG
BUILDII\'G SITE RE.
QUIRE:\IF.:\TS; REPE.-\,l"
ING SECTION 28 OF THE
Cln- OF WYLIE 20'\I"G
ORDINANCE AND ALL
OTHER ORDINANCES Ii\'
CONFLICT HEREWITH:
PHOVIDING FOR A
SEVERABILITY CLAUSE,
A"D FURTHEH P!W
VIDI\'(; FOR \\ SLT '
TIVE D.-'\TE
put the pieces together, At
. any rate, we're glad to hnm.\
there W3S a "touch of flOyal.
~:,; " in our subject.
"Food ~ \V1J1e-" magflzin('
has frcentl...- named their list
of thl' "Top ::!f)" restIlurantl-i
in the Vnited S"-rate~. The list
wa~ cho~(>n frum OVPr 300
possibihties throughour the
country Texas had 1.\\'0 on
the li~t: Routh Street Cale in
Dallas and Tony's in
Houston. ~t'W Y urk and
California each had six to
make rhf' list whilt> the other.!'
raIlle fronl all area.:... of the
country. In checking UH:~ list
of \r;'Innt-n.. this ,niter found
that 'vc hove enjo.\'t'd the food
,If fit least ninE' of thesl' top
emeries. including both the
T exes '\\'innprs; Ll' Cirque and
Four Seasons, both in Ne\\'
York: Campton Place and
Flt'ur de L'y~, both in San
Francis(~o; Tht, Dining Room
in Atlanta; Le Lion d'or in
Wa,hington, D_ C and the
Grill Room in r'\pw Orleans.
:\0 doubt llhout it. all on thf'
list are outstanding but \vhen
11 ('ome'~ tu making n list of
tht ';Tup 25" in the country
you ulways h3"\'t~ to omit a
number \vhu. perhaps. art'
equally as qualified.
Of' the l'CnWIO tyrntcctIOn.o;
ag-cu;lsr tnnt'tatrnn, (oh'(1l'dic('
i~ the Stlre,'i!
-Slal'h Tu'uin
For special flavor put a
piece of chocolate or a vanilla
bean j n the coffee filter before
you add the coHee,
Harold's
Automotive
lOti :-;, Birmingham
442.7005
Complete
Automotive Repair
F()n.~'ign 6: DUlnest:c
* Brak2~
1* Tune Up
* Air Conditioner
* Gas & Diesel Engines \,
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tho near futurl' is tit es~uhlisl
equInt:' Gellt t::oln He i~
psppciully fond of hnr:;ps Dnu
ilkes tn ride cuttin;.: hnr.<.:e.'"' to;
d hobbv
He said tk likeu the smai;
to\-Vl1 aLrno~phert \\"ylil' l1a,s
La offer and hopes to pro':idp
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ANTIQUES & THREi
Quality Clothing & AntiqlJl
"Seconds with d FIrst Class Tow
All ConsIgnment:;) Vv'c:cDnH
Paula Fondren
442-3372
Wyl
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LRV'S
Carpet Care
442-7174
rei/III""'!.) ,
host
Lonnh' n. \' aughan. O\-vner
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C.~C1_"'gSr.'"
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Gene
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102 S. J(
442-2
Diane Poetsehke
Genene
by appt.
Kath~'
Fri. a-fl
and ~,al
WE'RE OPEN
Leu;;illg Avuilubl.
Lil' Bit Country
<.:ru:' ~ .\Ii1L;
442-3667
Owner 11 i ", Ballard
Susan Holbrook W~'lie_ Tx 750%
DULY PASSED Ai'D AP-
PROVED by the City C ouncii
of the City' of VVyiie. TexaE.
on this 23 day 01 June, 1992,
bv John" Akin
:L\la:vor
Attest: Carol~+n Jane::,;
Cjt~. Secretar~~
Approved as to F QrIT:
Steven r, Deiter
City Atrorne:,;
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TOP QUALITY
FIREWORKS
AND
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PER 0 T~
-'.~
T-SHIRTS
Celebrate lndependence
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Bw~ 78 to 205. South 3/4 milt" on Ri~ht
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