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2020-028 - Revising Article III Chapter 24 - Wastewater Discharge & Disposal in Conformance with current EPAO.RDINAN(.'..'.E No. 2020-028 AN ORDINANCE OF THE CITY COUNCII., OF 1.711E CITY OF PARIS, rEXAS, REVISING Al "T M1`0 HAI-9.°ER 34 OF THE 1.1 OF ORDINANCES OFTHE CITY OF PAS S, ENTITLED'WASTEWATE R DISCHARGE AND DISPOSAL; APPROVING AND AUTROM''ZING REVISIONS TO MAP,= 34, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF PA US, ENTI"rLED WASTEWATER DJSCHAR(��E' AND DISPOSAL,IN CONFORMANCE wiTH CURRENT ENVIRONMENTAT., PROTEcrION AGENCY AND TEXAS COMMISSION ON ENVIRONMENTAL QITALITY RULES REGULATIONS, AND POLICIES IMPLEMENTING STREAMLINING RULE PROVISIONS; PR(WIDING FOR PE rq.ALTIES; PROVIDING A SAVINGS ( .3..AUSE; PROVIDING A SE"VERA11131LITY CLAUSE; P.R. OVYDING A'REPEA1,.,'ER CLAIISE; MAKING OTIMR]IFINDINGS AND PROVISIONS RELATEDTO THE 5lul cr-, AND DECLARING AN EFFECTIVE DATE. WHEIMAS, the City of Paris, pursuant to federal andstate law., and Texas Pollution Discharge Elimination System Perni,it No., 104,79-002, operates a wastewater discbarge, disposal and pretreatment prograrn-.:� and, VMERE AS, the City"sprognum:fin as beenn.wiewed. in detail bythe '.1"exas Cornmissioti on Envirorunentall Quality, in coordination with the City"s Department of Utilities Wastewater 1'reatment Environmental Services Division staff, and the City and the TCEQ have identified certain ri:.wisionswhic.h are necessary throughout theCity'S )MUtewater discharge and disposal ordinance, found at Article III to Chapter 34. of the Clity ol'Patis Code of Ordinances, Sections 34- 51 through 34-131; and, WHEREAS, the City Department of Utilities Wastewater Treatrnent Environmental Services [Mvision staff and Legal Department have, presented to the Texas Commission o.n Environmental Quality a comprehensive draft revi.sion. of thie aforesaid Article III to Chapter 34of the Code of Ordinances; arid, WHEREAS, the, City has receivednotice that the afi-)resaid amendments are acceptable and if adopted will ineall things, bring the City into ewrent compliance with die standardizedrules, regulations and policies f(, -)r in.-iplemenfing the aforesaid program; NOW, '11HEREFORE, BE IT ORDAINED BY THE CITY COUNCII, OF THE CITY' OF PARIS, TEXAS: Page 1 of 45 Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Code of Ordinances of the City of Paris, Paris, Texas, Article III to Chapter 34, Sections 34-51 through 34-131, entitled "Wastewater Discharge and Disposal", is hereby repealed and replaced with a revised Article III to Chapter 34, Sections 34-51 through 34-131 to read as follows: "ARTICLE M. WASTEWATER DISCHARGE AND DISPOSAL "DIVISION 1. GENERALLY "Sec. 34-51. - Purpose, policy, and authority. (a) Generally. It is the policy of the city to provide the planning, engineering and administration necessary to develop and manage the publicly owned treatment works that are adequate for the transportation, treatment and disposal of wastes from within the city and to operate the sewer system in a manner which protects public health and the environment, and, in addition, to enable the city to comply with any applicable state and federal laws including, the Texas Water Code, the Clean Water Act of 1977 as amended and the General Pretreatment Regulations (40 CFR Part 403). (b) Application. This article shall apply to users of the city POTW and to persons outside the city, who are, by contract or agreement with the city, users of the municipal publicly owned treatment works and those persons who conduct activities in the city and its jurisdiction under the provisions of this article. All connections of lateral or other sewer lines to the sewage system of the city, whether within or without the city, shall be subject to such terms and conditions as the city council may prescribe. (c) Authority. The city, a home rule city, derives its authority from the Constitution and Laws of the state and the Charter of the city to exercise all the power therein granted together with all of the implied powers necessary to carry into execution all the powers granted. "Sec. 34-52. - Objectives. (a) The objectives of this article are: (1) To provide for the orderly functioning of the POTW: (2) To provide control of construction and use of the city sewer system; Page 2 of 45 (3) To prevent the introduction of pollutants into the city wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; (4) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into the receiving waters or the atmosphere or otherwise be incompatible with the system; (5) To improve the opportunity to recycle and reclaim wastewater and sludges from the system; and, (6) To provide for the equitable distribution of the cost of the municipal wastewater system. (7) To prevent the introduction of pollutants into or adjacent to the waters of the state within the city and its jurisdiction. (8) To monitor and regulate the generation and disposal of industrial and hazardous wastes (9) To prevent the disposal of wastes within the city and its jurisdiction in a manner which causes a hazard to human health or the environment or creates a public nuisance. (b) It is the intent of the city to provide needed sewer service to all users while meeting the out- lined objectives. This article provides the structure under which the service will be provided for certain types of non-domestic wastes, domestic wastes, and industrial wastes, so that the POTW and the environment are protected and the POTW can continue to provide efficiently for the waste treatment needs of the city. See. 34-53. - Abbreviations. The following abbreviations used in this article shall have the designated meanings: BODS — Five (5) Day Biochemical Oxygen Demand. BMPs — Best Management Practices. CERCLA — Comprehensive Environmental Response, Compensation, and Liability Act. CFR — Code of Federal Regulations. COD — Chemical Oxygen Demand. CWF — Combined Wastestream Formula. Page 3 of 45 EPA Environmental Protection Agency. 1 Liter. mg — Milligrams. mg/l — Milligrams per Liter. NPDES — National Pollutant Discharge Elimination System. POTW — Publicly Owned Treatment Works. RCRA — Resource Conservation and Recovery Act. SARA — Superf ind Amendments and Reauthorization Act. SIC — Standard Industrial Classification. SIU — Significant Industrial User. SPCCP Spill Prevention Control and Countermeasure Plan. SS — Suspended Solids (same as TSS). SWDA — Solid Waste Disposal Act, 42 USC 6901, et seq. TCEQ — Texas Commission on Environmental Quality. TDH — Texas Department of Health. Page 4 of 45 TPDES — Texas Pollutant Discharge Elimination System. TSS — Total Suspended Solids. TTO — Total Toxic. Organics. USC — United States Code. Sec. 34-54. - Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings herein designated: Accidental discharge. An act or omission through which waste or other substances are in- advertently discharged into water in the state. Act or the Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq. Approval authority. The administrator of the Environmental Protection Agency (EPA) or the appropriate agency of a National Pollutant Discharge Elimination System (NPDES) delegated state with an approved state pretreatment program. Authorized representative of a user. (a) If the user is a corporation: (1) A principal executive officer such as the president, secretary, treasurer or a vice president in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (2) The manager of one (1) or more manufacturing, production or operation facilities if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (b) A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively. (c) If the user is a Federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. Page 5 of 45 (d) The individuals described in subsections (a) through (c) may designate another autheriz representative if the authorization is in writing, the authorization specifies the indivi or position responsible for the overall operation of the facility from which the dischar originates or having overall responsibility for environmental matters for the compann and the written authorization is submitted to the city environmental services division. rl n .e e (e) If an authorization under subsection (d) is no longer accurate because a differ individual or position has'responsibility for the overall operation of the facility, or over i'l responsibility for environmental matters for the company, a new authorization must submitted to the city environmental services division prior to, or together with, 41 reports to be signed by the authorized representative. Best Management Practices (BMPs). Schedules of activities, prohibition of practices, maintenance procedures and other management practices to implement the prohibitions listed in Sec. 34104 (General Prohibitions) and See. 34-105 (Specific Prohibitions) of this article. BMPs include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or to disposal, or drainage from raw materials storage, BMPs also include alternative means of complying with, or in place of certain Categorical Pretreatment Standards and effluent limits. Biochemical oxygen demand (BODs). Ile quantity of oxygen used in the biochemical forth in Standard Methods. Boiler blowdown wastewater. Wastewater emitted from a boiler or energy -generating equipment containing chemical residues as a result of the conventional boiler water treatment programs - Building sewer. The extension from the building drain to the public sewer. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307 (b) and (c) of the Clean Water Act that apply to a specific category of users and that appear in 40 CFR Chapter 1, Subchapter N. Categorical Industrial User. Any industrial user subject to a Categorical Pretreatment Standard or categorical standard. City. The city or any authorized person acting in its behalf. 2833= Comminuted garbage. Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in sanitary sewers, with no particle greater than one-half (%) inch in any dimension. Combined Wastestream Formula. Calculation deriving an alternative limit for a discharge from a categorical user when the regulated wastestream is mixed with wastewater not regulated by the same categorical standard. Such alternative limits shall be derived in accordance with 40 CFR 403.6. Composite sample. A series of samples mixed together so as to approximate the average strength of discharge to the sewer over a twenty-four (24) hour period. Sampling may be done manually or automatically, and discretely or continuously. A composite sample shall consist of a pool of at least twelve (12) sample aliquots if discrete sampling is employed. Discrete sampling may be flow proportioned by either varying the time interval between aliquots or the volume of each aliquot. Non -flow proportional composite samples may be collected when flow proportional sampling is not possible or feasible. Non -flow proportional samples shall consist of at least twelve (12) sample aliquots collected at equal intervals over a twenty-four (24) hour period with a minimum volume of one -hundred (100) milliliters per aliquot. The supervisor must authorize the use of any alternative composite procedure for sampling wastestreams of intermittent or less than twenty-four (24) hour duration. Volatile pollutant aliquots must be combined in the laboratory immediately prior to analysis. Samples shall be iced or refrigerated during sampling and transportation to appropriate laboratory facilities. Control authority. The city and its authorized representatives. Control manhole. A manhole giving access to a building sewer at a point before the building sewer discharge mixes with other discharges in the public sewer. Control point. The point on a building sewer where access to a discharge is provided, which shall be before the discharge mixes with others in the public sewer. The control point shall be the control manhole unless otherwise designated by the supervisor. Cooling water. Water discharged from air conditioning, cooling or other uses, to which the only pollutant added in significant amounts is heat, exclusive of boiler blowdown wastewater. Direct discharge. The discharge of wastewater, treated or untreated into or adjacent to the waters of the state. Discharge. In verb form: to deposit, conduct, drain, spill, emit, throw, allow to seep, or otherwise release or dispose; or to allow, permit, or suffer any of these acts or omissions. In its noun form: the product of any of these acts. Disposal. The discharge, deposit, injection, dumping, spilling, leaking, or placing of a waste into or on land, water, air, or the POTW. Domestic user. Any person who discharges only normal domestic sewage. Page 7 of 45 Environmental Protection Agency or A. The U.S. Environmental Protection Agency or, where appropriate, the to may also be used as a designation for the administrator or other duly authorized official of such agency, Environmental services supervisor. The person. designated by the city manager to enforce this chapter on behalf of the city and other such duties as designated by the city manager. Flow-weighted (car flow proportional) composite sample. A composite sample in which twelve (12) or more aliquots have been proportioned either by varying the volume of each aliquot in accordance to the flow within a fixed time or collecting a fixed volume for each aliquot by varying the time interval according to changing flow. Garbage. Animal and vegetable wastes and residue from the preparation, cooking and dispensing of food and from the handling, processing, storage and sale of food products and produce. Generator. A person who causes, creates, or otherwise produces waste. Grab sample, An individual sample collected over a period of time not exceeding fifteen (15) minutes with no regard to instantaneous wastestrearn, flow. Holding tank waste. Any to from septic tanks, vacuum pump tank trucks, chemical. toilets, campers, trailers or other direct holding vessels. Hazardous waste. Any waste (or combination of wastes), which because of its quantity, concentration, physical, chemical, or infectious characteristics may: (1) Have any of the following characteristics: Toxic, corrosive, chemically reactive, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness. (2) Pose a substantial hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise improperly managed, (3) Be identified or listed as a hazardous waste in 40 CFR part 261 as defined by the Administrator of the United States Environmental Protection Agency pursuant to the Federal "Solid Waste Disposal Act" as amended by the "Resource Conservation and Recovery Act of 1976" as amended. Indirect discharge. The discharge of non-domestic pollutants from any source regulated under section 307(1) or (C)cif the Act, (33 USC 1317) into the POT W (including holding tank waste). Industrial user or user. A source of indirect discharge into the city POTW. Industrial -waste. Waste resulting from any process involved with industry, manufacturing, trade or business establishments including nonprofit organizations and government agencies, concerned with the development of any natural resource, or any mixture of the to with water or domestic wastewater, as distinct from normal wastewater. Interference. Any inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirements or limitations of the city's NPDES permit. The term also includes any prevention of sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 USC 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of S WDA applicable to the methods of disposal or use employed by the POTW). May. May is permissive or discretionary. Maximum allowable discharge limit. The maximum concentration of any pollutant discharged to the POTW based on daily or monthly averages or a single grab sample as established by the city based on technically based local limits development, national categorical pretreatment standards, or best professional judgment of the city. If state, federal, and local discharge limits are different, then the most stringent limit shall apply. Dilution of the wastestream to achieve an allowable discharge limit is prohibited. Milligrams per liter (mg/1). A weight -to -volume ratio equivalent to parts per million. Monthly Average. The sum of all discharges measured during a calendar month divided by the number of daily discharges measured during that month. Monthly Average Limit. The highest allowable average of daily discharges measured over a calendar month. National pollutant discharge elimination system (NPDES) permit. A permit issued pursuant to Section 402 of the Act (33 USC 1342). Natural outlet. Any outlet into a watercourse, ditch, lake or other body of surface water or groundwater. New source. Any user who commences discharge to the POTW after the publication of a proposed federal pretreatment standard under section 307(c) of the Act applicable to such user and thereafter promulgated in accordance with that section, provided that: (1) a. The facility is constructed at a site at which no other source is located; or b. The facility 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 facility are substantially independent of an existing source at the same time. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. Page 9 of 45 (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, facility or installation meeting the criteria of subsections (I)b. or c., but otherwise alters, replaces or adds to existing process or production equipment. (3) Construction of a new source as defined herein has commenced if the owner or operator has - a. Begun, or caused to begin as part of a continuous onsite 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; or 3. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering or design studies do not constitute a contractual obligation under this paragraph. Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product. Normal domestic wastewater. Wastewater other than industrial wastewater discharged by a person into the sanitary sewers and containing an average twenty-four (24) hour composite concentration of not more than two hundred fifty (250) mg/l BOD, two hundred fifty (250) mg/I TSS, or thirty (30) mg/l ammonia. Other substances. Substances -which may be useful or valuable and therefore are not ordinarily considered to be waste, but which will cause pollution if discharged into water in the state. Overload. Any increase in flow, BOD, suspended solids or pollutants that would upset normal operations or cause the POTW to be noncompliant with its state or federal permits. pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. Pass through. A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the POTWs NPDES or TPDE S permits (including an increase in the magnitude or duration of a violation), Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the teminine- the singular shall include the plural where indicated by the context® sii MY I y. or 'e purposes, s I so me e any sew rs convey w- ewaters POTW from users outside the city, who are by agreement or contract users of the POTW treatment facility. Receiving waters, All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water,, surface or under 21= Lxz-wW"Wav-NO or perennial flowing, which are contained within, flow through or border upon the state or any portion thereof. Sanitary sewer. A public sewer conveying domestic wastewater, industrial wastes, or both, into which storm water, surface water, groundwater, and other unpolluted wastes are not intentionally discharged. Shaff Shall is mandatory. MMKUMI Significant industrial user. Any industrial user of the city POT W who meets any of -the following® (1) Is subject to categorical pretreatment standards under 40 CFR .403.6 and 40 CFR chapter 1, subehapter N. (2) Discharges a flow of twenty-five thousand (25,000) gallons or more per day of process wastewater to the city POTW. (3) Discharges a process wastestream of five (5) percent or more of the of the average dry weather hydraulic or organic capacity in the city's wastewater treatment facility, (4) Is found by the city, TCEQ, or the EPA to have significant impact, or the potential for, either singly or in combination with other contributing industries, on -the wastewater treatment system, the quality of sludge, the system effluent quality or air emissions generated by the system. P1) Chronic violations.of wastewater discharge limits, defined here as those in which sixty- six (66) percent or more of all measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum or the average limit for the same pollutant parameter; (2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all measurements for each pollutant parameter taken during a six (6) month. period equal. or exceed the product of the daily maximum limit or average limit multiplied by the applicable TRC (TRC = one and four -tenths (1.4) for fats, oil and grease, and one and two-tenths (1.2) for all other pollutants except pH) NOTE: BOD and TSS controlled by surcharge and TRC is not applicable; (3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term, average, instantaneous limit or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass-through including endangering the health of POTpersonnel or the general public; (4) Any discharge of a pollutant that has caused imminent endangerment to the public or the environment, or has resulted in the city's exercise of its emergency authority to It or prevent such discharge-, WMMUIM (5) Failure to meet within ninety (90) days of the scheduled date, a compliance schedule miles -tone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance-, (6) Failure to provide within forty-five (45) days after its due date, any required reports, including baseline monitoring reports', reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; or Supervisor. See definition for "environmental services supervisor." Suspended solids. The words "suspended solids" shall mean total suspended matter that either floats on the surface or is in suspension in water or wastewater and that is removable by laboratory filtering (as described in standard methods for the examination of water and wastewater, current edition, or guidelines for establishing test procedures for the analysis of pollutants, contained in 40 CFR 136, as published in the Federal Register and referred to as non -filterable residue) also called total suspended solids or TSS. �11 7M =I, ITT W.,"Ij my ur, Waort: LippropTIMLE, UIC LUM May JC USCU dS a UMIgnation Yor Lne executive aireclor or other duly authorized official of the commission. Formerly known as the Texas Natural Resource Conservation Commission or TNRCC. Texas Pollutant Discharge Elimination System pennit. A state permit issued by, the TCISQ, equivalent to the federal NPDES permit. W�� Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provision of CWA Section 307(a) or other acts. Trap. A device designed to skim, settle or otherwise remove oil, grease, sand, flammable wastes or other harmful substances. Unpolluted wastewater. Water containing: (1) No detectable free or emulsified grease or oil; (2) No detectable acids or bases; (3) No detectable phenols or other taste- and odor -producing substances; (4) No detectable toxic or poisonous substances in solution or colloidal state of suspension; (5) No detectable noxious or otherwise obnoxious or odorous gases; (6) Not more than an insignificant amount (five (5) mg/1) of suspended solids and BOD, as determined by the state. (7) No color exceeding fifty (50) units as measured by the Platinum -Cobalt method of determination as specified in Standard Methods. User surcharge. A charge made on those persons who discharge other than normal domestic wastewater into the POTW. Waste. Substances rejected, unutilized or superfluous to domestic, agricultural or industrial activities in liquid, gaseous or solid form. Wastewater. Liquid and water -carried domestic or industrial waste from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwatcr that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. Wastewater discharge permit. A permit issued by the city to a specific user to discharge wastewater to the sanitary sewer in accordance with the terms and conditions of these ordinances. (Same as "wastewater contribution permit"). Wastewater facilities. All facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes. Wastewater treatment plant. Facilities, devices and structures for receiving, treatment and disposing of wastewater, industrial wastes and sludges from the sewer system. Waters of the state. Same as the definition for "receiving waters". "Words, terms, or expressions peculiar to the art or science of sewage not hereinabove defined shall have the respective meanings given in glossary, water and wastewater control engineering, published in 1981, prepared by a joint committee representing American Public Health Association, American Page 14 of 45 Society of Civil Engineers, American Water Works Association and the Water Pollution Control Federation. Sec. 34-55. - Prior user rights. (a) A user contributing wastewater and/or wastes to the POTW prior to the effective date of this article may continue to do so without penalty so long as he complies with the following: (1) No increase in the quantity or decrease in the quality of the discharge will be allowed without written permission of the supervisor; (2) Prior to the effective date of this article, the user must have contributed waste to the POTW for a minimum of eighteen (18) months; (3) A wastewater contribution permit is applied for and granted within one hundred fifty (154) days after the effective date of this article. Sec. 34-56. - Industrial advisory committee. The city council may appoint an industrial advisory committee to proposed changes or review proposed changes in the sewer use ordinance. It shall be made of five (5) industrial users, at least two (2) of which shall be significant industrial users. Secs. 34-57-34-70. - Reserved. DIVISION 2. ADMINISTRATION Sec. 34-71. - Administration by environmental services supervisor. Except as otherwise provided in this article, the duly authorized representative of the city shall be the environmental services supervisor, who shall administer, implement and enforce the provisions of this article. Sec. 34-72. - Inspection, sampling and right of entry. The city may inspect the facilities at least annually of every user to ascertain whether the requirements of this article are being met according to the purposes herein stated. All significant industrial users shall be inspected at least annually. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their authorized representative(s) ready access at any and all reasonable times to all parts of the premises necessary for the purpose of inspection, sampling, records, examination or the performance of any of their official duties. The Page 15 of 45 If the supervisor, other city authorized personnel, EPA or TCEQ personnel are denied access o the4kciPitv- or ar,,v nart. thrLQUL=,— . Sec. 34-73. - Sample analysis. L gola of the viol ion. The user is not required to resample if: M�� (1) Routine sampling is performed by the user at a frequency of at least once per on and the routine resampling will be done and results received within the thirty (30) day period of becoming are of the violation. (2) The city performs sampling of the user's discharge between the time when the user performed the initial. sampling and the time the user receives the results of this sampling and becomes aware of the violation. (b) The supervisor may at his discretion: (1) Have the user sample his discharge and have analysis done at a mutually agreeable laboratory; (2) Sample and send to a competent commercial or private laboratory for analysis. (c) Any necessary quality assurance for pretreatment sampling and analysis shall be consistent with those of 40 CFR 136 "Guidelines for establishing test procedures for the analysis of pollutants," et seq. See. 34-74. - Monitoring facilities. (a) The city may require to be provided and operated at the user's own cost and expense monitoring facilities to allow inspection, sampling, and flow measurement or any combination of these based upon the significance of the waste water discharge as determined by the city. The monitoring facility should normally be located on the user's premises; however, when such location would be impractical or cause undue hardship on the user, the city may allow the construction of the facility in the public street or sidewalk area in a location that will not be obstructed by landscaping or parked vehicles. The above shall apply to both old and new users when monitoring facilities are necessary. (b) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. There shall be ample room in or near such control manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling equipment and measuring devices shall be maintained at all times in a safe and proper operating condition at the expense of the user. (c) Plans and specifications for constructions of monitoring facilities shall conform to city standards and shall be approved by the city engineer. Rental or lease of suitable equipment on an as needed basis in lieu of permanent installation may be acceptable subject to approval by the supervisor; such approval shall not release the user from the requirement to provide sampling facilities which are accessible to the city and which are secured and protected. Sec. 34-75. - Flow measuring devices. (a) Users contributing twenty-five thousand (25,000) gallons per day of normal domestic wastewater or its equivalent in BOD and/or suspended solids loading and any user having a wastewater contribution permit may be required to provide at the user's cost and expense a device for measuring wastewater flow. Its specifications shall be approved by the city engineer. Users contributing less than twenty-five thousand (25,000) gallons per day have the option of installing an approved flow measuring device. If no flow -measuring device is installed, surcharges will be based one hundred (100) percent of water usage. (b) Any user desiring to have his regular wastewater charges based on less than the percentage return in effect at the time shall install, at his own expense, an approved flow -measuring device or if the user is able to furnish records and amounts of water usage incorporated in final products not returned to the POTW verifiable by the city, he may have his regular wastewater charges based on a percentage return less than that in effect at the time subject to the approval of the city manager. (c) All flow meters and/or devices shall be installed so they may be easily cleaned, serviced, inspected and calibrated and in properly operating conditions at all times. The city may inspect these devices for compliance with this article at its discretion. Sec. 34-76. - Pretreatment. (a) Users shall provide necessary wastewater pretreatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's cost and expense. Detailed plans showing the pretreatment facilities and their operating procedures shall be submitted to the city for review, and shall be approved by the city before construction of the facility. The review of such plans and operating procedure 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 the pretreatment program and the sewer use ordinances. Any subsequent changes in the pretreatment facilities or operating procedures shall be reported to and acceptable to the city prior to the initiation of the changes. (b) The city shall prepare annually a list of industrial users which during the previous twelve (12) months have significantly violated pretreatment requirements as defined in 34-54 (Definitions) of this article regarding significant noncompliance. This list will appear annually in the largest newspaper published in the city during the month of January. Additionally, the compliance status of all significant industrial users for the previous year is summarized in an Page 18 of 45 ........... See. 34-77. - Wastewater contribution permit system. (a) Requirement for a permit. Any user shall have a wastewater contribution permit prior to discharging into the city sewer system if - (1) The discharge is subject to promulgated national categorical pretreatment standards; (2) The discharge contains pollutants in concentrations or quantities that interfere or have the potential to interfere with the operation of the sewer system. or increase the costs of operation of the systems, as detennined by the city; (3) The discharge requires pretreatment in order to comply with the discharge limitations in this article; ()"Che discharge is twenty-five thousand (25,000) gallons or more of processed wastewater per day. (5) Within one (1) year of being designated a Significant Industrial User, the city shall determine if the user needs a spill prevention plan orother action to control slug discharges. Records of such plans or slug control activities shall be kept for a period of three (3) years by both the user and city and made available to appropriate EPA and TCEQ personnel upon request. (b) Permit informadom New significant industrial users shall file an application in the form prescribed by the city at least ninety (90) days. prior to connecting to the POTW. Any other non-domestic user shall file an application when notified within ninety (90) days of receipt of notice to do so. In support of the application, the user shall. submit in units and terms appropriate for evaluation, the following information as required by the supervisor: N"'Moff—MM, a. The schedule shall contain the increments of progress in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, co b. No increment referred to in subsection a, above shall exceed three (3) months; 00) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; (11) Type and amount of raw materials processed (averaged and maximum per day), which are known to contain or exhibit a potential to produce any limited, restricted or prohibited substance or toxic pollutants; (12) Any other information as may be deemed by the city to be necessary to evaluate the permit application. The city will evaluate the date farriished by the users and may require additional information. After evaluation and acceptance of the date furnished, the city may issue a wastewater contribution permit subject to the terms and conditions provided herein. (c) Permit conditions. Wastewater contribution permits shall be expressly subject to all provisions of this article and all fees established by the city. Permits for all significant industrial users as defined in this article shall contain the following minimum conditions and requirements; other users may be subject to any or all of the following requirements: (1) Statement ofd ation-, (2) Statement of non -transferability; (3) Effluent limits based on applicable pretreatment standards, categorical pretreatment standards, local limits, and state and local law; (4) Specifications for monitoring programs including and not limited to: sampling locations, frequency of sampling, number, types of pollutants to be monitored, and standards for testing and reporting schedules; (5) Requirements for notification of SLUG discharges; (6) Requirements for federal categorical pretreatment standards for users subject to such standards; (7) Requirements for submission of technical reports or discharge reports; (8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording the city access thereto; (9) Requirements for notification of the city before any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system; (10) Statement of applicable civil and criminal penalties for violations and any applicable compliance schedules. Such schedules may not extend the compliance date beyond applicable federal deadlines; (11) Any other conditions may be included as deemed appropriate by the city to ensure compliance with this article. (12) The supervisor may develop Best Management Practices (BMPs) in individual permits to meet pollutant limitations and discharge prohibitions listed in this ordinance. BMPs shall be included in discharge permits for any categorical significant industrial user with BMP requirements as part of a federal categorical standard. (d) Signatory requirements. All reports or other required documentation shall be signed and certified by the authorized representative of the permit holder. The certification statements shall be worded as follows: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and/or imprisonment for knowing violations." (e) Permit duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modifications by the city during the term of the permit as limitations or requirements are modified or just cause exists. The user shall be informed of any proposed changes in this permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (f) Permit renewal. Industrial dischargers holding a wastewater contribution permit shall apply for a permit renewal ninety (90) days before their permit expires. Any desired changes in permit limits, changes in plant piping, changes in wastewater quality or pretreatment facilities made since the issuance of the last permit or additional information required by the city should be a part of the application for permit renewal. Page 22 of 45 (g) Permit transk. Wastewater° contribution permits are issued to a specific user fbr a specific operation. A wastewater contributiori permit shall not be transferable. Any succeeding owner Jnr user shall apply for a new penn i.t. (h) Permit modifications, Widiin ninety (90) days following the promulgation of a national categorical pretreatment standivd, the wast 'water contribution permit of users subject to such standards shall. be revised to require compthmee with such,s4andard within the timefrarne .prescribed by such standard. Where a 'user subject to a national. categorical pretreatment standard has not previously submitted an application Bi.)r a wastewater contribution perinit as previously �Jescribed, fivw- user shall apply for andsubmit such application within ninety (90) days after the promulgatior.D. of the- applicable national categorical pretreatment. standard. Compliance shall be achieved within thetimefrarnes prescribed by the standardis Changed conditions such as 1,-nrocess iii"evisions, nature and volurne of wastestrearns, or othcr chanp ges under the conditions of user's pennit shall be submitted within thirty (30) days of such change for reviewby the city. The city may modify or reissue a wastewater conttibution perinit to refect these changes. (i) Revocation of permit. Any user Who violates rids article, or ap.. p licable state and -federal .. regulations or the conditions of the permit, is subJect to havinthe permit revoked and, therefore, is sukiect, with the approval of the clity manager, to termination ofutility services provided by, the, city. Sec. 34-78. - Compliance date reporting. 'Within ninety (90) days following the date for final compliance with applicable national pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standa-rds and requiremsant sshall submit to the stipervisor arel.,)ort containing all of the requirements specified in 40 C17R., Part 403.12 for baseline, monitoring reports, This report mffll indicate the nature and concentration. of all pollutants in the discharge from the regulated PpDcess Whictrare limited by those pretreatment sumdards and requirements. Tlie n -,,port shall, state the performance of the user in corisistently ra'eeting the applicable pretreatmerit standards and reqtPirements and, if ally, what additional pretreatment and/or operation and maintenance is necessary to brinthe user intID compliancewith. the applicable pretreatment standards or requirements, "T'his statement shall be signed by an authonmd representative of the industrial user and certified by a qualified pmfessional enginee.i% Sec. 34-79. - Periodic compliance reporting. (a) Any user subject t(.,) a national pretreatment standard, after the com.plim.ce date of such pretreafinentstandard, or, in the case of a new source, after 1:.*rnmencing dischem-ge ii -Ito the POI W, shall submit to the supervisor a. report indicating the nature and concentration of Page 23 of,45 pollutants in the discharge which. are, linii-tedby such pretreatment stan(lards. The user shall collect a minimum of one (1) sample during each six (6) month period ending in June anxi December, ii.rnless required more ffirequently in the par etreatmentstandard orby the supervisor, and perform analyses requiredby the pre.1reatment standard for -the semi-annual report. T.he semi-annual report must be -received by the supervisor within forty-five (45) days following the end of each six (6) month period. Sarrnphng and analyses ti:-) meet federal P.1r.etreatment standards does snot relievethe user of additional monitoring requirements as maybe deemed appropriate by the city. In addition, this :r°eport shall include a record of all daily .flan ws l--dch during the reporting.pa erid exceeded the, -average daily flow reported in, the compliance date report. CR.Js and users are subject to Best Management Practices (BMPs) under a federal categorical pretreatment standard must submit docurnentatiori to demonstrate compliance with a BMP where a required BMP or pollution prevention afterriative is part of the categorical standard with each semi-annual report. (b) All non categorical significant industrial users s.Ihall. collect a minimum of one (1) swnp.le dii.ming each six (6) month reporting period and perfonn analyses for these pol Ititants deemed appropriate by the city for the semi-annual reponing periods specified in subsection (a). Non- cat,egoneal SIT.Js are required to report data obtained through, appropriate sampling 'Md analysis per-f0imed during the period covered by the repart which data are representative of conditions occurring, during the reportilag period. Any additional monitoring of'pollutants in excess of the, minimwn of once per six months must be included in the semi-annual report. if awalyzed. iii,l acco.ii--dm.ce with. 40 CFI R 136 methods. (c) The supervisor rnay irn.pose mass limitations on. users which are using dilution to meet applicable pretreatment standards air requirenients or, in other cases, her the imposition of mass limitations is appropriate. In such cases, the periodic compliance report shall indicate the=ss of pollulants regulated by pretreatment standards in the emuent of the t:iser. These reports shall contain the results of saml.-fling and analysis of the disdharge, includingthy; flow and the nature and concientration.., or productions and mass where regun ested by the supervisor, of pollutants contained herein which are limited by the applicable pretreatment, stamndards,. The Frequency of monitoring shall be at the discretion of the city. All analysis, shall be perfonned hi accordance with procedures est abli-shedby the,EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto or with any other test procedures approved by the EPA. Sampling shall. he perfbrmed in accordarice with the techniques approved by the EPA. Sec. 34-80. - Conand ential infonnation. (a) 'It shall be the policy of the city not to require or accqpt confid,cmdal infortnation from. industrial -users unless necessary to meet state or federal requirements Jnr tea stop or prevent interference or darnage to -the POTW. Any infarmation furnished 'to the city by an. industrial. user which the user co. nsiders conridential shall be clearly marked or st-amped "confidential business iriffirination" on each page containing such information. Information and data on a MMMEUM user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user, and unless such information may be otherwise withheld in accordance with state law, including the Texas Public Information Act, Chapter 552 of the Texas Government Code. (b) Wastewater constituents and characteristics and any other effluent data collected either by the user or the city will not be recognized as confidential information and shall be made available to the public without restriction. Information accepted by the city as confidential will not be transmitted to the general public by the city until and unless a ten (10) day notification is given to the user, and unless such information may be otherwise withheld in accordance with state law, including the Texas Public Information Act, Chapter 552 of the Texas Government Code. Sec. 34-81. - Contract agreements. (a) No provision contained herein shall be construed as preventing any agreement or arrangement between the city and any industrial user whereby industrial waste of unusual strength or character may be accepted by the city for treatment, subject to any applicable state and/or federal limitations and requirements and to payment therefore by the industrial user for all or some portion of the cost to the city involved in the handling and treating of such industrial wastes, as may be established by the city council. (b) When discharges of waste of unusual strength or character are accepted by the city for treatment, the city may enter into an agreement or arrangement providing the following: (1) Terms of acceptance by the city; (2) Fees, charges and payments for the treatment of waste of unusual strength or character; (3) Sewer connections, construction and procedures for discharge in accordance with all applicable requirements of this Code; (4) Fees and charges for sampling, analysis and reporting results of testing of discharge; (5) Provisions for re -negotiation or re-evaluation of agreement elements. Sec. 34-82. - Notification of violation. Whenever the city finds that any user has violated or is violating this article, wastewater contribution permit and/or any prohibition, limitations or requirements herein, the city may serve upon such person a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the Page 25 of 45 user. This thirty (30) day period does not relieve the user of any liability for damages, fees, and other costs incurred by the city due to the user's violation. Sec. 34-83. - Harmful contributions. (a) The supervisor, with the recommendation of the city engineer and with the consent of the city manager, may order suspension of the water and/or wastewater treatment service and/or revoke wastewater contribution permit when such suspension or revocation is necessary, in the opinion of the supervisor, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or the welfare of persons or the environment, cause interference to the POTW, or cause the city to violate any NPDES or TPDES permit condition. (b) Any person notified of an order to suspend the water and/or the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. If such person fails to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including immediate suspension of water and/or wastewater treatment service, to prevent or minimize damage to the POTW system or endangerment to any individuals. The supervisor may rescind a suspension order, if the harmful contribution is immediately and voluntarily stopped and the supervisor has reason to believe it will not recur. The city shall reinstate the wastewater contribution permit and/or the water and/or wastewater treatment service upon proof of the elimination of the noncompliant discharge. (c) A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days of the date of the occurrence. Sec. 34-84. - Show cause hearing. (a) In the event of repeated unauthorized discharges, failure to meet a compliance schedule or any repeated violations of this article by a user, the supervisor, with the consent of the city manager and the approval of the city attorney, may order any user to show cause why a proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause why the proposed action should not be taken. The notice of hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any authorized representative of an industrial user. (b) The city council shall appoint an attorney licensed and actively practicing law in the state as hearing examiner, to perform the following functions: Page 26 of 45 (1) Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the production of any evidence relevant to any matter involved in such hearings; (2) Conduct the hearing; (3) Deliver a transcript of the hearing and his recommendation to the city council for action thereon. 7,'c) After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service or water service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated. Furffier orders and directives as are necessary and appropriate may be issued. Sec. 34-85. - Fees and charges due to violations. (a) The city may recover all reasonable costs of repairing damages to the POTW, of sampling, analysis, inspection, cleanup, costs of paying fines or penalties which result from a discharge not in compliance with this article, and any other costs incurred by the city in controlling discharges in violation of this article. (b) Billing for recovery of such costs shall be by letter to the discharger, sent certified or registered mail, (return receipt requested), which states the specific violation(s), the damages and penalties sustained by the city, the costs of those damages and penalties, and the costs the city has determined as attributable to the discharge and billed to the discharger. (c) The costs are due and payable by the discharger upon receipt of the letter. Nonpayment or disputes regarding the amount within ten (10) days shall be cause for termination of water and/or wastewater service. It shall be unlawful for anyone but an authorized city employee to reconnect service. Any reconnection fees in effect are applicable. Sec® 34-86. - Surcharges. (a) The city will accept BODs of up to two luindred fifty (250) mg/l and TSS of up to two hundred fifty (250) mg/l as normal domestic wastewater. The city may elect to accept BOD5 and TSS in excess of two hundred fifty (250) mg/l. BODs and TSS over the value of two hundred fifty (250) mg/l shall be subject to an excessive strength. surcharge. These surcharges shall be calculated on a monthly basis using metered wastewater contribution as a volume factor, if provided by the user, or one hundred (100) percent of water usage. A surcharge may also be levied on ammonia concentrations over thirty (30) mg/l. (b) The total fat, oil, and grease allowed by this article is one hundred (100) nign, whether free or emulsified. When this parameter is determined on a grab sample, any amount over the De"M In milligrams per purposes of surcharge calculation. (c) Unless otherwise specified, samples shall be twenty-four (2 4) hour composites. When a flow recording device is provided the samples may be flow -weighted; otherwise, a simple composite sample shall be used. '66 MR, �Mw fees, court costs, court reporter's fees and other expenses of litigation. See. 34-88. - Civil penalties. Any user who is found to have violated an order of the city council or who willfully or neiligently failed to comp,,dy th any rovision of this article- t.] -,e orders _p 1, UIC UiLy I'Llay 'Lcuuvul� expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations, and permits issued hereunder. Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these provisions, shall be subject to the laws of -the state prohibiting the same. Sec. 34401. - Private collection system restrictions. No person owning property within. two hundred (200) feet of a public sewer shall construct, use or maintain or allow to be constructed, used or maintained, on or about such property, any M -p atus for the pMose of receiving, or removMg sgaage matter or sloj� ofanvAcmd- im— Sec. 34-102. - Connection to sewers required. (a) Every building containing plumbing, any portion of which is within. two hundred (200) feet of an available sewer, shall be connected with the public sewer within six (6) months after the owner, lessee, or occupant thereof receives written notice from the city engineer or his designee to do so. For the purposes of this provision, notice shall begin upon. mailing of such notice by certified or registered mail directed to the owner, lessee or occupant. (b) Upon failure of the owner, lessee or occupant to connect the premises to a public sewer, the city engineer or his designee shall have the right to make the connection of such premises to the public sewer and charge the cost thereof, including labor and materials necessarily used, as well as any other expenses connected therewith, against such owner, lessee or occupant, W�� who shall be personally liable for the payment thereof. To secure payment of such costs, the city shall have a lien against the property on which the connection was made. Sec. 34-103. - Wastewater from customers outside the city limits. (a) The POTW may elect to accept wastewater from sources outside the city. Acceptance of holding tank wastes such as, but not limited to, septage, may be accepted at the discretion of the supervisor after consideration of the POTW's ability to treat the waste properly and with the approval of the city engineer and wastewater superintendent. Unless otherwise directed, the rate for acceptance will be twice the cost to treat. This shall in no way prohibit the city from making individual contracts between the city and an outside user. No outside user shall make any plumbing connection or pump or pipe wastewater to the POTW without the specific approval of the city council. (b) Any outside user of the POTW, either by direct connection or discharge from holding tanks, shall comply with all conditions of this article and the industrial pretreatment program of the city. Any contract or agreement to accept wastewater from outside the city must contain specific language to insure appropriate authority exist to enforce all provisions and conditions of this article and the industrial pretreatment program. Sec. 34-104. - General prohibitions. (a) No user shall contribute or cause to be contributed, directly or indirectly into the POTW any pollutant, wastewater, or other substances which will: (1) Cause pass through or interference with the operation or performance of the publicly owned treatment works. (2) Cause the city to be in violation of any of the conditions of its NPDES or TPDES permit conditions. (3) Contaminate the POTW sludge in a manner that will limit sludge use or disposal. (4) Cause the city to be in violation of any other federal or state laws. (b) No user shall contribute or cause to be contributed, directly or indirectly into or adjacent to, storm drains, surface or groundwater any pollutant, wastewater or other substance which will pollute the waters of the state, create a nuisance, or cause a hazard to human health or the environment. Sec. 34-105. - Specific prohibitions. (a) No user shall contribute or cause to be contributed, directly or indirectly, into the POTW any of the following substances: (1) Any solid, liquid, or gas which by reason of their nature or quantity will create a fire or explosion hazard in the POTW, including, but not limited to, wastestrcams with a closed Page 30 of 45 cup flash -point of less than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) using test met.ods specified in 40 CFR 261.21. (b) Any solid or viscous subs cels} in amounts that will cause obstruction to the flow in the sanitary sewer or interfere with the operation of the POTsuch as, but not limited to: animal and vegetable grease, fat, or oil in excess of specific linuit.tions as set forth in this article, garbage other than comminuted garbage which has been reduced to a particle size no greater than one-half (V2) inch. in any dimension, rocks, sand, glass, metal, waste paper, grass clippings, wood, plastic, feathers, bones, grinding and polishing wastes, tar, asphalt residues, rags, or any material that has been determined by the city to cause an obstruction. Note: The supervisor, city engineer or their authorized representative is entitled to review and approve the installation of any equipment to condition waste or grind garbage with a motor or driving means of three-fourths (%) horsepower or greater. (c) Any wastewater or other substance having a pH lower than five and one-half (5.5) or higher than nine and one-half (9.5) or having other corrosive properties capable of causing damage or hazard to the structures, equipment and/or personnel of the POT W,err the general public. Excursions of the above limits may be acceptable as follows: Maximum Excursion Duration 0.5 pH unit not to exceed 60 in. 1.0 p1l unit not to exceed 30 min. 1.5 pH unit not to exceed 10 min. Such excursions shall be at the discretion of the supervisor. (d) Any petroleum based oil. or grease except in trace amounts and as specified in this article, non - biodegradable cutting oil, or any other petroleum-based on mineral oil based material that will cause pass through or interference with the POTW. (e) Any discharge that results in toxic gases, vapors, or fumes within the POT' W in a quantity that may endanger the health or safety of POTW personnel or the general public, or create a public nuisance. (f) Any discharge to the P1W having a temperature which will inhibit biological activity in the POT' W treatment plant resulting in interference, cause damage to the POTW, increase the temperature of the total treatment plant influent at a to of ten (10) degrees Fahrenheit or more per hour, or cause the to treatment plant influent to exceed one -hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius). Page 31 of 45 (g) Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.) released in a discharge at a flow rate and/or pollutant concentration that will cause interference with the POTW. (h) Any trucked or hauled waste including, but not limited to, septage, grease trap wastes, and grit trap wastes except as specified in this article. Such wastes shall only be discharged to the POTW at points designated by the city. Any wastes defined as hazardous by RCRA standards will not be accepted. Each load brought to the POTW must bear a signed certification statement declaring the load non -hazardous on the trip manifest. (i) Any wastewater or other substance containing toxic pollutants in any sufficient quantity, either singly or by interaction with other pollutants, to interfere with any wastewater treatment process cause damage to any part of the POTW, cause a hazard to POTW personnel, the public or the environment, or create a toxic effect in the receiving stream of the POTW. (j) Any wastewater or other substance with objectionable color not removed in the treatment process, such as but not limited to, dye wastes and vegetable tanning solutions. (k) Any pollutant regulated pursuant to any categorical pretreatment standard promulgated by the EPA or TCEQ in a concentration or amount which is in excess of the limit specified in the standard. (1) Any herbicides, fungicides, insecticides, rodenticides or any other pesticide that will create a toxic condition in the POTW resulting in interference, pass through, or hazards to human, animal or plant life, including aquatic organisms, or cause any deleterious effect to the environment. (m) Any wastewater or substance containing any radioactive wastes or isotopes of such concentration or half-life that may exceed any limits set by applicable state and federal regulations. No person may discharge such radioactive wastes into the POTW without the written approval of the city manager, the wastewater treatment plant superintendent, and supervisor. (n) Any unpolluted stormwater, surface or groundwater, roof runoff, subsurface drainage, or other unpolluted drainage. The city engineer may designate storm sewers and other watercourses into which unpolluted drainage may be discharged. (o) Any discharge that required unusual provisions, attention, or expense to treat or control in the sewer system, treatment plant, or sludge disposal facility. See. 34-106. - Specific pollutant limitations. No person shall discharge wastewater in excess of the following allowable concentrations of specific pollutants: These limits shall be applied uniformly to the end of pipe discharge. Page 32 of 45 Value not to be exceeded: Pollutant Arsenic (As) Cadmium (Cd) Chromium (Cr) Copper (Cu) *Cyanide (CN) Lead (Pb) Mercury (Hg) Molybdenum (Mo) _n ®......_w . ®....._....._. _...... ..... .. _..._... Nickel (Ni) Selenium (Se) 'Silver (Ag) Zinc (Zn) *Grease, fat, oil (animal or vegetable, free or emulsified) *Oil, wax, paraffin (Petroleum based or mineral, free or emulsified) * — By grab sample only. Sec. 34-107. - State and federal limitations on discharges. Daily Maximum ..,,.__. . milligrams/liter 0.05 ..._ ...®....__ .. 0.06 1.48 0.92 0.39 0.47 0.0001 0.14 M . 2.94 ....._. 0.05 1.61 .. .._.__. 2.80 Mo. 200 Max. • 100 ... Avg. Total all sources Mo. 20 Max. 20 Avg. Total all sources State and/or federal limitations and requirements on discharges which apply to the POTW or its users shall apply in all cases where they are more stringent that those contained herein, and, where state and federal limitations differ, the lower limit shall apply. Sec. 34-108. - Excessive discharge. No user shall ever increase the use of potable or process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant -specific limitation developed by the city or the state, including BODS and TSS. Dilution Page 33 of 45 may, however, be acceptable as a means of controlling some of the prohibited discharge levels which shall be subject to the specific approval of the supervisor. Sec. 34-109. - Hazardous waste notification. It shall be unlawful for an industrial user to fail to notify the Environmental Services Division, federal and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which if otherwise disposed of, would be a hazardous waste under 40 CFR, part 261. The notice herein required does not relieve the industrial user of its obligation to comply with any RCRA, CERCLA, or SARA requirements relating to handling of such hazardous wastes. See. 34-110. - Force majeure. (a) If a person can establish that an event that would otherwise be a violation of any conditions of this ordinance, or a permit issued under this ordinance, was caused solely by an act of God, war, strike, riot or other catastrophe, the event is not a violation of the ordinance or permit. (b) If force majeure is claimed as an affirmative defense to an action brought forth under this ordinance, the user shall demonstrate, through relevant evidence that: (1) An event that would otherwise be a violation of this ordinance, or permit issued under this ordinance, has occurred and the sole cause was an act of God, war, strike, riot or other catastrophe; and (2) The user has submitted the following information to the city within twenty-four (24) hours of becoming aware of the event (if this information is provided orally, a written submission must be provided within five (5) days): a. A description of the event and the nature and cause of the event; b. The time period of the event, including exact dates and times or, if not corrected, the anticipated time the event is expected to continue; c. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the event. (c) The user seeking to establish an affirmative defense under this section shall have the burden of proof in any enforcement proceeding of providing by a preponderance of evidence that an event that would otherwise be a violation of this ordinance or permit issued under this ordinance, was caused solely by an act of God, war, strike, riot or other catastrophe. Sec. 34-111. - Accidental discharge. (a) Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. The facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be Page 34 of 45 submitted to the city for review, and shall be approved by the city before construction of the facility. No user who commences contribution to the POTW after the effective to of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Plans approved by or on file with state or federal agencies will be considered sufficient to meet article requirements if reviewed by and on file with the city. Users required to have such plans must review the plan every three (3) years and make such. changes as needed to comply with this section and any applicable state and federal laws concerning such plans. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify. the user's facility as necessary to meet the requirements of this article. Accidental spill and/or slug control plans shall include, ata minimum, the following elements: (1) Description of discharge practices, including non -routine batch discharge -&- (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 CFR 403.5(b), with procedures for follow-up written notification within five (5) days; (4) Procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and equipment for emergency response. In the case of an accidental discharge . ii JLie jejjWjj Jjj",� it (1) Location of point of discharge; (2) Type of waste or pollutant discharged; (3) Concentration and volume of discharge; and, (4) Corrective action taken at point of discharge. (b) In. addition, withinfive (5) days following an accidental discharge, the user shall submit to the supervisor a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall. not relieve -the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fimes, civil penalties or other liability which may be imposed by this article or other applicable law. (c) Furthermore, a notice shall be posted with other emergency telephone numbers advising designated employees whom to call in the event of a dangerous discharge. Employers shall lmzn� Sec. 34-112. - Bypass prohibited. (a) It shall be unlawful for any person to permit or suffer a bypass under circumstances other than or expressly permitted in this section. (b) A bypass may be excused if the bypass was unavoidable to prevent loss of life, personal injury or severe property damage, and where 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 downtime. The "no feasible alternatives" criterion is not satisfied if, in the exercise of reasonable engineering j udgment, the user should have installed adequate back-up equipment as preventive maintenance or to prevent a bypass that occurred during normal periods of equipment downtime. Users may bypass if they do not exceed effluent limitations and if the bypass was for essential maintenance or to insure efficient facility operations. (e) Notice shall be required when a bypass by an industrial user results in the violation of applicable pretreatment standards or requirements (including local limits established in accordance with this article). If the industrial user knows in advance of the need for a bypass, it must give prior notice to the city, if possible at least ten (10) days before the date on which the bypass is to occur. If the bypass is not anticipated, the industrial user must notify the city orally within twenty-four (24) hours of becoming aware of the bypass. This verbal twenty- four (24) hour notice must be followed within five (5) days by a written description of the bypass, its cause, its duration (or if it has not been corrected, how long it is expected to continue), and what remedial action has been taken to rectify the problem. Sec. 34-113. - Federal categorical When promulgated, federal categorical pretreatment standards for a particular category, if more stringent that the limitations imposed by this article for users in that category or subcategory, shall immediately supersede the limitations imposed under this article. The supervisor shall notify all affected users of the applicable reporting requirements under 40 CFF, Part 403.12. Where the city wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the administrator of the EPA and/or the executive director of the TCEQ for modification of the specific limit(s) in the federal pretreatment standards. "Consistent removal" shall be defined as reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or a harmless state in the effluent as defined by the Code of Federal Regulations (CFR). See. 34-1.15. - Requirements for traps. (a) Any user discharging oil., sand, grease or wastes containing grease in amount that vn"ll impede or stop the flow in. public sewers or cause the user to violate any limitations set forth in this article shall, at his own cost and expense and as required by the provisions herein, provide interceptors or traps of a type and capacity approved by the citywitb the following features: (1) Impervious material. construction capable of withstanding abrupt and extreme changes in temperatures; (2) Watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight; (3) Located as to be readily and easily accessible for cleaning and inspection; (4) Maintained by the owner or user at his own. cost and expense; (5) In continuous and efficient operation at all times. (b) Approval of traps and interceptors shall be obtained from the city engineer or his designee. Approval shall in no way relieve the user from providing traps and/or interceptors of adequate size and design to bring all discharges into compliance with this article. The user shall maintain for a period of at least the previous twelve (12) months records of cleaning of any traps and/or interceptors in his use. These records shall contain ata minimum the name and address of the person performing the cleaning service and the dates the service is performed. Emulsifiers and/or degreasers shall not be acceptable as a substitute for proper cleaning of grease and oil traps. (c) Any user required to have such traps shall dispose of these wastes in accordance with the laws and regulations of the state concerning such wastes. Sec. 34-116. - Enforcement response plan. Any user who is found in violation of any of the conditions of this article shall have such violation(s) corrected in accordance with a predetermined strategy of enforcement in which an appropriate response corresponds to the severity of the violations. This plan implements R N�= (a) In accordance with the enforcement response plan required herein, any person in violation of any of the provisions of this article may be issued an administrative order requiring compliance and may include an administrative fine not to exceed two thousand dollars ($2,000.00). Each and every day's continuance of any violation of the provisions of this article shall constitute an (3) The method of disposal of liquid waste and portable chemical toilet wastes as well as disposal sites within the city shall be approved and monitored by the city. Disposal sites receiving liquid wastes shall: a. Obtain and maintain compliance with all licenses and/or its required by local, state, or federal law. b. Accept waste only from a permitted transporter and sign the trip ticket from the transporter. c. Maintain trip ticket copies for a period of five (5) years and make available all records required to be kept for inspection by the city at any reasonable time. d. Accept only those classes of to authorized by license or permit. Miam (4) Liquid waste transporters desiring to transport, mobile treat and/or process within the city shall: a. Comply with all requirements of the laws and regulations of the United States and the state concerning such wastes. b. Obtain a permit from the city, requirements of which are listed in subsection (c)(1). c. Demonstrate to the city the capability of the operator and the equipment to consistently meet the requirements of this article. d. Discharge at the point designated by the city, in order to discharge to the POTW. (b) Hazardous wastes. Users that generate industrial and hazardous wastes shall comply with all the laws and regulations of the United States and the state concerning such wastes. Such users shall maintain records of the types and quantities of wastes generated, name of the transporter, and the site of disposal. These records shall be made available for inspection by the city at any reasonable time. Transporters transporting hazardous wastes must have the applicable federal and state permits and use the appropriate manifest system. The city shall be allowed to inspect vehicles for proper operation, registration, and manifest. (c) Nonhazardous waste transportation. (1) Requirements for permit. Any person required by this section to obtain a permit to transport nonhazardous waste shall perform the following: a. Make application on a form provided by the city and provide such information as the city may reasonably request. b. Submit for inspection by the city each vehicle the applicant proposed to use to transport liquid waste. Each vehicle shall be constructed, equipped and identified in accordance with the following provisions: 1. Vehicle markings and identification shall be permanently and prominently displayed on both sides of the vehicle in accordance with TCEQ requirements for liquid waste transporters. 2. Vehicle shall be clean and odor free. 3. Vehicle shall be equipped for safe operation and possess a valid state registration. 4. Vehicle shall have a single tank as an integral portion of the vehicle to transport wastes. Portable tanks or other containers temporarily installed in or on vehicles are prohibited. 5. Piping, valves, and connectors shall be permanently attached to tank and/or vehicle. Page 40 of 45 6. Tank shall be liquid tight. 7. Tank to be constructed so that every interior and exterior portion can be cleaned. 8. Piping, valves and connectors shall be accessible and easy to clean. 9. Inlet or opening of tank to be constructed so that collected waste will not spill during filling, transport, or transfer. 10. Outlet connections to be constructed so that no waste will leak, run, or spill out of the vehicle. 11. Outlets to be of a design and type suitable for the waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use. 12. Pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste being handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning. c. Submit to the city with the application, a photocopy of the driver's license of the manager. d. Specify to the city which disposal site or sites are to be used. (2) Permit issuance, duration and fees. Upon payment of the fee required in subsection (c)(6), and demonstration by the applicant that he has adequate and proper equipment and sufficient knowledge of tanks, traps, and sewage disposal systems to perform the services contemplated in a safe and competent manner, the city shalt issue a permit to haul non- hazardous wastes. Any such permit shall be for a period co -extensive with the current fiscal year of the city and the full annual fee shall be payable for any fraction of the fiscal year. The permit shall continue in fall force and effect from issuance to the end of the said fiscal year, unless sooner revoked, and shall be nontransferable. The city shall number permits consecutively as follows: PTX 0000 The first three (3) letters (PTX) shall represent the city and the permit number shall follow. The city shall approve the type of liquid waste transported in each vehicle prior to collection and disposal. Transporters authorized to use a disposal site operated by the city shall pay fees as required in subsection (c)(6). Page 41 of 45 (3) Permit conditions. a. Before the vehicle is operated in the city, the permit number shall be displayed on each side of each vehicle in a color contrasting with the background and shall be a minimum of two (2) inches in height and clearly visible at a distance of fifty (50) feet. b. A permit to transport non -hazardous waste issued by the city prohibits the hauling of hazardous waste and the co -mingling of hazardous waste. c. The city shall be notified of management changes during the permit period, and shall be provided with a copy of the new manager's driver's license. d. Transporters shall remove the entire contents of tanks and traps unless prior approval is received in writing from the city. e. Disposal of non -hazardous wastes shall not be made to grease traps, grit traps, septic tanks, or the sanitary sewer without the approval of the city. f Transporters shall immediately notify the city of additional disposal sites used during the permit period. g. Transporters shall: 1. Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks. 2. Provide a safety plug or cap for each valve of a tank. 3. Cause a vehicle exterior to be clean and the vehicle odor -free at the beginning of each workday. 4. If transporting portable chemical toilet waste, report monthly to the city the total volume of waste transported and all utilized disposal sites for the previous month. The city may cause to be impounded a vehicle which is being operated in violation of this section and may authorize the holding of the vehicle until the violation is corrected. The city may also suspend or revoke the permit for the improperly operated vehicle. h. A manifest system, consisting of a five (5) part trip ticket to document the generation, transportation, and disposal of liquid waste shall be used as follows: 1 A transporter will complete one (1) trip ticket for each location serviced. 2 One (1) part of the trip ticket shall have the generator and transporter information completed and shall be given to the generator at the time of waste pickup. Page 42 of 45 3 The remaining four (4) parts of the trip ticket shall have all required information completely filled out and signed by the appropriate parties before distribution of the trip -ticket parts. 4 One (1) part of the -trip ticket shall go to the disposal or processing facility. 5 One (1) part shall go to the transporter, who shall retain a copy of all trip tickets showing the collection and disposition of wastes. 6 One (I) copy of the trip ticket. shall be return. ed by the transporter to the generator within fifteen (15) days after the waste is received at the disposal or processing facility, 7 The remaining copy (original) shall remain in the -trip ticket book and shall be returned to the city within thirty (30) days bollowing usage of all trip tickets in the trip ticket book. 8 Copies of all trip tickets shall be maintained for a period of five (5) years for all parties except the generator ho shall maintain a copy for a minimum of one (1) year, (4) Denial, suspension, revocation ofpermit, a. The authority may deny a permit if it is determined that an applicant has not performed the requirements of subsections (c)(1) and (c)(3) and may suspend a permit if it is determined that a permittee: 1m Is not qualified under subsection (c)(1). 2. Has violated a provision of this ice® 3. Has failed to pay a required fee. 4. Has failed to comply with maintenance or inspection requirements. ® The city may revoke for a period of one (1) year or less all permits held by a transporter if the transporter or one (1) of his employees -violates any of the provisions of this article, any rule or regulation promulgated by the city, or applicable provisions of state or federal laws. c. A. permittee whose permit is suspended or revoked shall not collect, transport, or dispose of any waste materials within e) isdiction of the city. (5) Show cause hearing. The city or its duly authorized representative may order any permitted transporter to show cause before the city why the proposed suspension or revocation action should not be taken. A notice shall be served on the transporter specifying the time and place of a hearing to 'be held by the city or its representative regarding the violation, the reasons why the action is to 'be taken, and directing the transporter to show cause before the city why the proposed action should not be taken. The notice of the hearing shall be served personally or by registered or certified it at least ten (10) days before the hearing. Service may be made on any person, or any agent or officer of a corporation, a. Permits, Each person shall include with an application for permit an initial fee of hundred dollars ($100.00), with an annual renewal fee of fifty dollars ($50.00). b. Waste disposal at POTW. Waste transporters utilizing the city POTW -will be char a minimum fee of thirty-three dollars ($33.00) for one thousand (1,000) gallons, all over one thousand (1,000) gallons shall be pro -rated at the minimum fee for 0 thousand (1,000) gallons. Waste transporters may also be surcharged for wastes I exceed the parurneters of nonnal domestic wastewater as established in section 3 86(a). This charge will be based upon the strength of a representative grab samp from each load. Fees shall be reviewed on a regular basis by the city council adjusted as necessary to reflect true costs to the city. No wastes shall be accept containing prohibited sub stances as described in section 34-105 1 Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of flus ordinance are hereby repeaI4 and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect . . . . . . . . . . . . . . . . . of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris, Texas that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That Section 2 of this ordinance notwithstanding, the repeal of prior Article III of Chapter 34, Sections 34-51 through 34-131 of the Code of Ordinances of the City of Paris, Paris, Texas shall not affect any pending or subsequent prosecution, other enforcement action, other litigation for violations of the provisions of Chapter 34 repealed herein, when such violations occurred prior to the effective date of this ordinance, it being the intention of the City Council that aforesaid repealed provisions be continued in full force and effect to the extent necessary and as M�� required by law, to effectuate the prosecution of all such outstanding violations, to effectuate the continuation of other litigation, or to effectuate other enforcement actions related thereto, and for such purposes only. Section 7. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1-6 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 8. That this ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND ADOPTED this° . �� day a.l. � .20�'L„ ✓ ��``p9Uf{fifl!!1/f/fdt� , SHE City Steve: e ClifforD., Mayor ATTEST: y nice Ellis, City'e� 999; VED AS TO Harris, City Attorney Page 45 of 45