2004-015-ORD REPEALING ARTICLE III TO CHAPTER 34 OF CODE OF ORDINANCES OF COP
ORDINANCE NO. 2004-015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, REPEALING ARTICLE III TO CHAPTER 34 OF THE
CODE OF ORDINANCES OF THE CITY OF PARIS, ENTITLED
WASTEWATER DISCHARGE AND DISPOSAL; APPROVING AND
AUTHORIZING ANEW ARTICLE III TO CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS, ENTITLED WASTEWATER
DISCHARGE AND DISPOSAL, IN CONFORMANCE WITH CURRENT
ENVIRONMENTAL PROTECTION AGENCY AND TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY RULES, REGULATIONS, AND
POLICIES; PROVIDING FOR PENAL TIES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A REPEALER; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris, pursuant to federal and state law, and Texas Pollution
Discharge Elimination System Permit No. 10479-002, operates a wastewater discharge, disposal,
and pretreatment program; and,
WHEREAS, the City's program has been reviewed in detail by the Texas Commission on
Environmental Quality, in coordination with the City's Wastewater Department staff, and the City
and the TECQ have identified certain revisions which are necessary throughout the City's
wastewater discharge and disposal ordinance, found at Article III to Chapter 34 of the City of Paris
Code of Ordinances, Sections 34-51 through 34-131; and,
WHEREAS, the City Wastewater Department staff and the Legal Department have
presented to the Texas Commission on Environmental Quality a comprehensive draft revision of the
aforesaid Article III to Chapter 34 of the Code of Ordinances; and,
WHEREAS, the City has received notice that the aforesaid amendments are acceptable and
if adopted will in all things bring the City into current compliance with the standardized rules,
regulations and policies for implementing the aforesaid program; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this ordinance are hereby in all things
approved,
Section 2. That Article III of Chapter 34, Section 34-51 through 34-131 of the Code of
Ordinances ofthe City of Paris, Paris, Texas, entitled "Wastewater Discharge and Disposal" be, and
the same is hereby, as of the effective date of this ordinance, repealed and declared null and void
and of no further force and effect, save and except as otherwise specified herein.
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Section 3. That there is hereby adopted to the Code of Ordinances of the City of Paris, Paris,
Texas, a new Article III to Chapter 34, Sections 34-51 through 34-131, entitled "Wastewater
Discharge and Disposal", to read as follows:
"ARTICLE III. 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 of Paris, whether
within or without the City, shall be subject to such terms and conditions as the City
Council of the City of Paris may prescribe.
"(c) Authority. The City of Paris, a home rule city, derives its authority from the
Constitution and Laws of the State of Texas and the Charter of the City of Paris to
exercise all the power therein granted together with all of the implied powers
necessary to carry into execution all the powers granted.
(Ord. No. 92-029, ~ I, 7-13-92)
*Editor's note-Ord, No, 92-029, 8 I, adopted July 13, 1992, amended Art, III to read as
herein set out in Div. 1, 8~ 34-51-34-56, Div, 2, ~8 34-71-34-89, Div. 3, ~~ 34-101-34-117
and Div, 4, 8 34-131. Prior to inclusion of said ordinance, Art, III pertained to similar subject
matter and derived from the Code of 1970, 8~ 31-37-31-44, 8~ 31-55-31-65, ~8
31-76-31-94; Ord. No, 83-037, ~ 2(31-37(A)-(D)), (31-38(A)-(K)),
(31-39(A)-(E)), (31-40), (31-41(A)-(C)), (31.42(A)-(I)), (31.43(A), (B)), adopted June 13,
1983; Ord. No, 84-003, ~~ 1-12, adopted Jan.9, 1984; Ord, No, 84-046, ~ 2, adopted June
27, 1984; Ord, No, 85-051, 88 6, 7, adopted Sept. 9, 1985; Ord, No, 87-044, ~ 9, adopted
Aug, 19, 1987,
Cross reference-Use of built-in mobile home water closets or chemical toilets prohibited
in mobile homes, ~ 22-4,
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"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 ofthe city sewer system;
"(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 of Texas 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,
(Ord. No. 92-029, ~ 1, 7-13-92)
"Sec. 34-53. Abbreviations.
The following abbreviations used III this article shall have the designated
meanings:
BOD5
- Five (5) Day Biochemical Oxygen Demand,
CERCLA - Comprehensive Environmental Response, Compensation, and
Liability Act,
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CFR - Code of Federal Regulations,
COD - Chemical Oxygen Demand.
CWF - Combined Waste stream Formula.
EP A - Environmental Protection Agency.
I - 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 - Superfund 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,
TPDES - Texas Pollutant Discharge Elimination System
TSS - Total Suspended Solids,
TTO - Total Toxic Organics,
"
USC - United States Code.
(Ord. No, 92-029, ~ I, 7-13-92)
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"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
(EP A) 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 or more manufacturing, production or operation
facilities employing more than two hundred fifty (250) persons or
having gross annual sales or expenditures exceeding twenty-five (25)
million dollars (in second-quarter 1980 dollars), 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.
"(d) The individuals described in paragraphs 1 through 3, above, may designate
another authorized representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of the
facility from which the discharge originates or having overall responsibility for
environmental matters for the company, and the written authorization is submitted
to the City of Paris Environmental Services Division.
"(e). If an authorization under paragraph 4, above, is no longer accurate because
a different individual or position has responsibility for the overall operation of the
facility, or overall responsibility for environmental matters for the company, a new
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authorization must be submitted to the City of Paris Environmental Services Division
prior to, or together with, any reports to be signed by the authorized representative.
"Biochemical oxygen demand (BODs). The quantity of oxygen used in the
biochemical oxidation of organic matter under the standard laboratory procedure in
five (5) days at twenty (20) degrees Celsius expressed in terms of weight and
concentration (milligrams per liter (mg/l)) as set 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,
"Bypass, The intentional diversion of waste streams from any portion of a
pretreatment facility,
"Chemical oxygen demand (COD). The measure of the oxygen-consuming
capacity of organic and inorganic matter present in the wastewater expressed in mg/l
as the amount of oxygen consumed from a chemical oxidant in a specific test, but not
differentiating stable from unstable organic matter and thus not necessarily
correlating with biochemical oxygen demand,
"City. The City or any authorized person acting in its behalf.
"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.
"Composite sample. A series of samples mixed together so as to approximate the
average strength of discharge to the sewer over a twenty- four-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-hour
period with a minimum volume of one-hundred milliliters (100 ml) per aliquot. The
Supervisor must authorize the use of any alternative composite procedure for
sampling wastestreams of intermittent or less than twenty-four-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.
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"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 it's 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,
"Environmental Protection Agency or EPA. The U.S. Environmental Protection
Agency or, where appropriate, the term may also be used as a designation for the
administrator or other duly authorized 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 (or 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 waste stream flow.
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"Holding tank waste. Any waste 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:
"(I) 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(B) or (C) of the Act, (33 USC 1317) into the POTW
(including holding tank waste),
"Industrial user or user. A source of indirect discharge into the City of Paris
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 waste 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 ofSWDA 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
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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/l). A weight-to-volume ratio equivalent to parts per
million.
"National pollutant discharge elimination system (NP DES) 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,
"(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 paragraphs
1. (b) or (c) above, 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:
"I) Any placement, assembly or installation of facilities or
equipment; or
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"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
offacilities 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,
"Normal domestic wastewater. Wastewater other than industrial wastewater
discharged by a person into the sanitary sewers and containing an average
twenty- four-hour composite concentration of not more than two hundred fifty (250)
rog/l BOD, two hundred fifty (250) mg/l 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 POTW's NPDES or
TPDES 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 feminine; the singular shall include the plural where indicated by the
context.
"Pol/utant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment rock, sand, cellar dirt and
agricultural municipal and industrial waste.
"Pol/uted. Referring to the alteration of the chemical, physical, biological and/or
radiological integrity of water, air, or soil induced or made by man.
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"POTW treatment plant (facility), That portion of the POTW designed to provide
treatment to wastewater.
"Pretreatment or treatment. The reduction of the amount of pollutants, the
elimination of pollutants, the alteration of the nature of pollutants or the alteration
of the nature of pollutant properties in wastewater to a less harmful state prior to or
instead of the discharge of pollutants into a POTW. Such reduction or alteration can
be obtained by physical, chemical, or biological processes or other process change
means, except as prohibited by 40 CFR, Section 403.6(d).
"Pretreatment requirements, Any requirement related to pretreatment, other than
a national pretreatment standard, imposed on an industrial user.
"Pretreatment standard or standards. Any regulation containing pollutant
discharge limits promulgated by the EP A in accordance with Section 307(b) and (c)
of the Clean Water Act, which applies to industrial users. This term includes the
prohibitive discharge limits established pursuant to 40 CFR, 403.5.
"Publicly owned treatment works (POTW). A treatment works as defined by
Section 212 of the Act, (33 USC 1292) owned by the City, including any sewers that
convey wastewater to the POTW treatment plant, but not including pipes, sewers or
other conveyances not connected to a treatment facility. For article purposes, POTW
shall also include any sewers that convey wastewaters to the 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 underground, natural or artificial, public
or private, intermittent 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.
"Shall. Shall is mandatory,
"Significant industrial user. Any industrial user of the city POTW who meets
any of the following:
"(1) Is subject to categorical pretreatment standards under 40 CFR 403.6
and 40 CFR chapter I, subchapter N.
"(2) Discharges a flow of twenty-five thousand (25,000) gallons or more
per day of process wastewater to the City of Paris POTW.
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"(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,
"( 5) Upon finding that an industrial user meeting the criteria in paragraphs
(2) through (4) above, has no reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment
standard or requirement, the City of Paris may at any time, on it own
initiative or in response to a petition from the industrial user, and in
accordance with 40 CFR 403.8(t)(6), determine that such industrial
user is not a significant industrial user.
"Significant noncompliance. An industrial user is in significant noncompliance
with pretreatment standards as defined in 40 CFR 403.8(t)(2)(vii)(A-H) iffound in
violation of one or more of the following:
"(1) Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent (66%) or more of all measurements
taken during a six-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 percent (33%) or more of all measurements for
each pollutant parameter taken during a six-month period equal or
exceed the product of the daily maximum limit or average limit
multiplied by the applicable TRC (TRC= 1.4 for fats, oil and grease,
and 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) that the City determines has caused, alone or
in combination with other discharges, interference or pass-through
including endangering the health of POTW personnel 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 halt or prevent such discharge;
"(5) Failure to meet within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
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construction or attaining final compliance;
"(6) Failure to provide within thirty (30) 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
"(8) Any other violation(s) the City determines will adversely affect the
operation or implementation of the local pretreatment program,
"Slug load. Any discharge of a non-routine, episodic nature, including but not
limited to an accidental spill or a non-customary batch discharge.
"Spill. An act or omission through which waste or other substances are deposited
where, unless controlled or removed, they will drain, seep, run, or otherwise enter
water in the state.
"Standard industrial classification (SIC). A classification pursuant to the
Standard Industrial Classification Manual issued by the Executive Office of the
President, Office of Management and Budget, 1972,
"Storm sewer. A public sewer assigned to carry storm and surface waters and
drainage into which domestic wastewater and industrial wastes are not intentionally
discharged.
"Storm water. Flow resulting from and occurring during or following natural
precipitation.
"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.
"Texas Commission on Environmental Quality or TCEQ, The state of Texas
environmental agency or, where appropriate, the term may be used as a designation
for the executive director or other duly authorized official of the commission.
Formerly known as the Texas Natural Resource Conservation Commission or
TNRCC.
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"Texas Pol/utant Discharge Elimination System permit, A state permit issued by
the TCEQ equivalent to the federal NPDES permit,
"Toxic pol/utant. Any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the administrator of the EP A under the provision of
CW A 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/l) 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.
"Upset, An exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors beyond
the reasonable control of the industrial user. An upset does not include
noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance
or careless or improper operation.
"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 stormwater that may be present, whether treated
or untreated, which is contributed into or permitted to enter the POTW.
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" 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 Society of Civil
Engineers, American Water Works Association and the Water Pollution Control
Federation.
(Ord. No. 92-029, ~ I, 7-13-92)
"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 (150) days after the effective date of this article.
(Ord. No. 92-029, ~ 1, 7-13-92)
"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 (5) industrial users, at least (2) of which shall be significant industrial users,
(Ord. No. 92-029, ~ I, 7-13-92)
Secs, 34-57-34.70. Reserved.
15
"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,
(Ord. No. 92-029, ~ 1, 7-13-92)
"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
City, TCEQ and the EP A shall have the right to set up on the user's property such
devices as are necessary to conduct sampling, inspection, compliance monitoring
and/or metering operations, If a user has in force security measures requiring proper
identification and clearance prior to entry into their premises, the user shall make any
necessary arrangements with their security service(s) so that personnel from the City
presenting suitable identification (or such personnel from state or federal agencies)
will be allowed to enter, without delay, for the purposes of performing their specific
responsibilities. In no case shall there be a delay greater than ten (10) minutes for
access to control points or control manholes and thirty (30) minutes for access to
records or facility inspection. Sampling shall be done on a twenty-four-hour
composite, flow-weighted basis when possible. No part of this article shall be
interpreted to prevent non-flow-weighted composite or grab sampling whenever
necessary or required to monitor or check any user for compliance with this article.
All sampling and analysis shall be in accordance with the methods described in 40
CFR Part 136.
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec. 34-73. Sample analysis.
"(a) Wastewater and waste samples will be collected and tests performed by city
personnel at the City's discretion. The laboratory procedures to be used in the
examination of industrial or other wastes or wastewater will be those set forth in 40
CFR 136, All significant industrial users shall be sampled at least once every six (6)
months. Sampling may be required at a greater frequency if a violation is found.
Users subject to categorical pretreatment standards shall be sampled a minimum of
once a month for substances limited in appropriate standards until a one-year history
of compliant sampling is established. They shall thereafter be sampled twice
annually unless a violation is found. When a violation is found, sampling shall be of
a frequency to identify the magnitude of the violation and continued at the discretion
of the City until compliance is achieved and the City is satisfied that the reason for
16
the problem has been corrected. Sampling may be done by the user, City or contract
personnel at the discretion of the City. All regular sampling and analysis costs set
forth above shall be paid by the user.
"If sampling performed by the user indicates a violation, the user shall notify the
City within twenty-four (24) hours of becoming aware of the violation, The user
shall then resample and report the sampling and analysis and submit the results to the
City within thirty (30) days of becoming aware of the violation. The user is not
required to resample if:
"(1 ) Routine sampling is performed by the user at a frequency of at least
once per month and the routine resampling will be done and results
received within the thirty-day period of becoming aware 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.
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec. 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
17
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.
(Ord. No. 92-029, ~ 1, 7-13-92)
"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.
(Ord. No, 92-029, ~ I, 7-13-92)
"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
18
necessary to produce an eftluent 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 40 CFR, 403.8(f)(2)(vii)(A-H) regarding Significant Noncompliance,
This list will appear annually in the largest newspaper published in the City of Paris
during the month of January. Additionally, the compliance status of all significant
industrial users for the previous year is summarized in an annual report which is sent
to state and federal regulatory authorities during the month of January prior to the
publication of any significant violators.
"(c) All users subject to reporting requirements shall retain, and make available
for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this ordinance and any additional records of
information obtained pursuant to monitoring activities undertaken by the user
independent of such requirements. Records shall include the exact date, exact place,
method and time of sampling, and the name of person(s) taking the samples; the
dates analyses were performed; who performed the analyses; the analytical
techniques used; and the results of such analyses, These records shall be maintained
for a period of at least three (3) years. This period of record'retention shall be
automatically extended for the duration of any litigation concerning the user or the
City, or where the user has been specifically notified of a longer retention period by
the Supervisor.
(Ord. No. 92-029, ~ 1, 7-13-92)
"Sec. 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
determined by the City;
"(3) The discharge requires pretreatment in order to comply with the
discharge limitations in this article;
"(4) The discharge is twenty-five thousand (25,000) gallons or more of
processed wastewater per day.
19
"(b) Permit information. 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:
"(1) a. Name, address and location (if different from the address).
"b. Authorized representative.
"(2) SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
"(3) Wastewater constituents and characteristics as determined by a
reliable analytical Laboratory; sampling and analysis shall be
performed in accordance with procedures established by the EP A
pursuant to Section 304(g) of the Act and contained in 40 CFR, Part
136, as amended.
"(4) Time and duration of contribution;
"(5) Average daily and fifteen-minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any;
"(6) Site plans, floor plans, mechanical and plumbing plans and details to
show all sewers, sewer connections and appurtenances by the size
and location and elevation;
"(7) A general description of activities, facilities and plant processes on
the premises including all materials which are or could be discharged
(including cleanup chemicals and washdown water) which make use
of, involve or incorporate any restricted, limited or prohibited
substances or toxic pollutants;
"(8) The nature and concentration of any pollutants in the discharge which
are limited by any City, state or federal pretreatment standards, and
a statement regarding whether or not the pretreatment standards are
being met on a consistent basis. If standards are not being so met,
whether additional operation and maintenance and/or additional
pretreatment is required for the user to meet applicable pretreatment
standards;
"(9) If additional pretreatment and/or operation and maintenance will be
required to meet the pretreatment standards, the schedule by which
the user will provide additional optimum pretreatment and/or
operation and maintenance. The completion date in this schedule
shall not be later than the compliance date established for the
20
applicable treatment standard, The schedule shall contain the
following, if required by the supervisor:
"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, completing
construction, etc.);
"b. No increment referred to in subsection a. above shall exceed three
(3) months;
"c Not later than fourteen (14) days following each date in the
schedule and the final date for compliance, the user shall submit
a progress report to the supervisor including, at a minimum,
whether or not it complied with the increment of progress to be
met on such date and, if not, the date on which it expects to
comply with the increment of progress, the reason for delay and
the steps being taken by the user to return the construction to the
established schedule. In no event shall more than nine (9) months
elapse between such progress reports to the supervisor.
"(10) 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 furnished 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 ofthis 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:
"( I) Statement of duration;
21
"(2) Statement of non-transferability;
"(3) Eflluent 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.
"(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
22
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,
"(g) Permit transfer. Wastewater contribution permits are issued to a specific user
for a specific operation. A wastewater contribution permit shall not be transferable,
Any succeeding owner or user shall apply for a new permit,
"(h) Permit modifications. Within ninety (90) days following the promulgation
of a national categorical pretreatment standard, the wastewater contribution permit
of users subject to such standards shall be revised to require compliance with such
standard within the timeframe prescribed by such standard. Where a user subject to
a national categorical pretreatment standard has not previously submitted an
application for a wastewater contribution permit as previously described, the user
shall apply for and submit such application within ninety (90) days after the
promulgation of the applicable national categorical pretreatment standard,
Compliance shall be achieved within the timeframes prescribed by the standards.
"Changed conditions such as process revisions, nature and volume of
wastestreams, or other changes under the conditions of a user's permit shall be
submitted within thirty (30) days of such change for review by the City. The City
may modify or reissue a wastewater contribution permit to reflect these changes,
"(i) Revocation of permit. Any user who violates this article, or applicable state
and federal regulations or the conditions of the permit, is subject to having the permit
revoked and, therefore, is subject, with the approval of the city manager, to
termination of utility services provided by the City.
(Ord. No. 92-029, ~ I, 7-13-92)
"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
23
commencement of the introduction of wastewater into the POTW, any user subject
to such pretreatment standards and requirements shall submit to the supervisor a
report containing all of the requirements specified in 40 CFR, Part 403.12 (b) for
baseline reports. This report will indicate the nature and concentration of all
pollutants in the discharge from the regulated process which are limited by those
pretreatment standards and requirements. The report shall state the performance of
the user in consistently meeting the applicable pretreatment standards and
requirements and, if any, what additional pretreatment and/or operation and
maintenance is necessary to bring the user into compliance with the applicable
pretreatment standards or requirements. This statement shall be signed by an
authorized representative of the industrial user and certified by a qualified
professional engineer,
(Ord. No, 92-029, ~ I, 7-13-92)
"Sec. 34-79. Periodic compliance reporting.
"(a) Any user subject to a national pretreatment standard, after the compliance
date of such pretreatment standard, or, in the case of a new source, after commencing
discharge into the POTW, shall submit to the supervisor a report indicating the
nature and concentration of pollutants in the discharge which are limited by such
pretreatment standards. The user shall collect a minimum of one (I) sample during
each six month period ending in June and December, unless required more
frequently in the pretreatment standard or by the supervisor, and perform analyses
required by the pretreatment standard for the semi -annual report. The semi -annual
report must be received by the supervisor within thirty (30) days following the end
of each six month period. Sampling and analyses to meet federal pretreatment
standards does not relieve the user of additional monitoring requirements as may be
deemed appropriate by the City. In addition, this report shall include a record of all
daily flows which during the reporting period exceeded the average daily flow
reported in the compliance date report.
"(b) All non-categorical significant industrial users shall collect a minimum of
one (1) sample during each six-month reporting period and perform analyses for
these pollutants deemed appropriate by the City for the semiannual reporting periods
specified in subsection (a) above.
"(c) The supervisor may impose mass limitations on users which are using
dilution to meet applicable pretreatment standards or requirements or, in other cases,
where the imposition of mass limitations are appropriate. In such cases, the periodic
compliance report shall indicate the mass of pollutants regulated by pretreatment
standards in the effluent of the user. These reports shall contain the results of
sampling and analysis of the discharge, including the flow and the nature and
concentration, or productions and mass where requested by the supervisor, of
pollutants contained herein which are limited by the applicable pretreatment
standards. The frequency of monitoring shall be at the discretion of the City. All
analysis .shall be performed in accordance with procedures established by the EP A
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 EP A.
24
Sampling shall he performed in accordance with the techniques approved by the
EPA.
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec. 34-80. Confidential information.
"(a) It shall be the policy of the City not to require or accept confidential
information from industrial users unless necessary to meet state or federal
requirements or to stop or prevent interference or damage to the POTW, Any
information furnished to the City by an industrial user which the user considers
confidential shall be clearly marked or stamped "confidential business information"
on each page containing such information. Information and data on a user obtained
from reports, questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental agencies
without restriction unless the user specifically requests and is able to demonstrate to
the satisfaction of the City that the release of such information would 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-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,
(Ord, No. 92-029, ~ I, 7-13-92)
"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;
25
"(3) Sewer connections, construction and procedures for discharge in
accordance with all applicable requirements of this Code of
Ordinances;
"(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,
(Ord. No. 92-029, ~ 1, 7-13-92)
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 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.
(Ord. No. 92-029, ~ 1, 7-13-92)
"See. 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,
(Ord. No, 92-029, ~ 1, 7-13-92)
26
"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 of Texas as hearing examiner, to perform the following functions:
"(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.
"(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. Further
orders and directives as are necessary and appropriate may be issued.
(Ord. No. 92-029, ~ 1, 7-13-92)
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 (1 0) days shall be cause for
termination of water and/or wastewater service. It shall be unlawful for anyone but
27
an authorized city employee to reconnect service, Any reconnection fees in effect are
applicable.
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec. 34-86. Surcharges.
"(a) The City will accept BODS of up to two hundred 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 BODS 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)
mg/l, whether free or emulsified. When this parameter is determined on a grab
sample, any amount over the allowable limit shall be added in milligrams per liter
to the BODS and TSS values used for purposes of surcharge calculation,
"(c) Unless otherwise specified, samples shall be twenty-four-hour composites.
When a flow recording device is provided the samples may be flow-weighted;
otherwise, a simple composite sample shall be used.
"(d) The surcharges shall be based on all samples taken in the previous month or
the most recent sample available. In no case shall the sampling basis be less than two
(2) twenty-four-hour composite samples per year if a surcharge is levied or two (2)
separate grab samples as appropriate.
"(e) The City may elect to set a minimum surcharge. Regular sampling may be
suspended on those users considered by the supervisor to be consistently below the
minimum surcharge. When sampling has been suspended, periodic grab samples may
be used to determine if regular sampling should be reinstated.
"(f) Prior to the end of a surcharge period, the user may elect to have his
discharge re-sampled by the City for purposes of increasing the number of samples
to be averaged during a particular surcharge period if the user believes and the City
agrees that the additional samples will cause the average to better reflect the user's
wastewater contribution for a particular surcharge period. If City sampling
equipment is unavailable, user must supply the proper equipment at his own expense.
The City shall retake one (1) sample for each sample taken in the normal sampling
program for a charge equal to the City's expense. Sampling at the request of the user
in greater frequency than stated above shall be elective on the part of the supervisor;
charges for such sampling may be at a fiat rate of three (3) times the City's cost. The
user may request, no later than the onset of sampling, a split or duplicate of any
sample taken by the City for surcharge calculation or compliance with any portion
of this article. Excessive strength rates are established in section 34-23 of this
chapter.
28
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec. 34-87. Legal action.
"If any person discharges industrial or other wastes or sewage into the City's
wastewater facilities contrary to the provisions of thi~ article, federal or state
pretreatment requirements, or any order of the City, the city attorney may commence
an action for appropriate legal and/or equitable relief in a court of competent
jurisdiction. Such action(s) may include temporary or permanent injunctive relief,
as appropriate, which restrains or compels the performance of specific activities by
the user. A petition for injunctive relief shall not be a bar against, or a prerequisite
for, taking any other action against the user. In addition, the City may recover
reasonable attorney's fees, court costs, court reporter's fees and other expenses of
litigation.
(Ord, No. 92-029, ~ I, 7-13-92)
"Sec. 34-88. Civil penalties.
"Any user who is found to have violated an order of the city council or who
willfully or negligently failed to comply with any provision of this article, the orders
issued in accordance with ~thority granted in this article and permits issued
hereunder, may be enjoined rrom doing the prohibited act(s) and may be mandated
to do required acts. In addition to the penalties provided herein, the City may recover
reasonable attorneys' fees, court costs, court reporters' fees and other 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,
(Ord, No. 92-029, ~ I, 7-13-92)
"Sec. 34.89. Falsifying information.
"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,
(Ord. No. 92-029, ~ I, 7-13-92)
"Sees. 34-90-34-100. Reserved.
"DIVISION 3. DISCHARGE RESTRICTIONS
"Sec. 34-101. 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 apparatus for the purpose of receiving or removing
sewage matter or slop of any kind, unless the same is connected with the sanitary
29
sewer system of the City, nor shall lack of private or public sewers be a lawful
reason for any person to make a direct or indirect discharge of wastewater or polluted
water to a storm sewer or any ditch, gutter, manhole or other conveyance.
(Ord. No. 92-029, ~ 1, 7-13-92)
"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, 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,
(Ord, No. 92-029, ~ I, 7-13-92)
"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.
(Ord, No. 92-029, ~ 1, 7-13-92)
"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:
30
"( I) 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.
(Ord. No, 92-029, ~ I, 7-13-92)
"Sec. 34-105. Specific prohibitions.
"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, wastestreams with a closed cup flash-point of less than
one hundred forty (140) degrees Fahrenheit (sixty (60) degrees
Celsius) using test methods specified in 40 CFR 261.21.
"(b) Any solid or viscous substance(s) in amounts that will cause obstruction to
the flow in the sanitary sewer or interfere with the operation of the POTW such as,
but not limited to: animal and vegetable grease, fat, or oil in excess of specific
limitations as set forth in this article, garbage other than comminuted garbage which
has been reduced to a particle size no greater than one-half 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.
(Ord. No, 92-029, ~ I, 7-13-92)
"(c) Any wastewater or other substance having a pH lower than 5.5 or higher
than 9.5 or having other corrosive properties capable of causing damage or hazard
to the structures, equipment, and/or personnel of the POTW, or the general public.
Excursions of the above limits may be acceptable as follows:
31
Maximum Excursion
0.5 pH unit
1.0 pH unit
1.5 pH unit
Duration
not to exceed 60 min.
not to exceed 30 min,
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 POTW
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 POTW having a temperature which will inhibit
biological activity in the POTW treatment plant resulting in interference, cause
damage to the POTW, increase the temperature of the total treatment plant influent
at a rate of (10) degrees fahrenheit or more per hour, or cause the total treatment
plant influent to exceed one-hundred four (104) degrees Fahrenheit (forty (40)
degrees Celsius),
"(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.
"0) 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 EP A or TCEQ in a concentration or amount which is in excess
of the limit specified in the standard.
32
"( I) 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,
"(0) Any discharge that required unusual provisions, attention, or expense to treat
or control in the sewer system, treatment plant, or sludge disposal facility,
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec. 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.
Value not to be exceeded:
Pollutant
Arsenic (As)
Cadmium (Cd)
Chromium (Cr)
Copper (Cu)
*Cyanide (CN)
Lead (Pb)
Mercury (Hg)
Molybdenum (Mo)
Nickel (Ni)
Selenium (Se)
Silver (Ag)
Zinc (Zn)
*Grease, fat, oil
(animal or vegetable,
free or emulsified)
*Oil, wax, paraffin
(Petroleum based or
Daily Maximum
milligrams/liter
0.05
0.06
1.48
0.92
0.39
0.47
0.0001
0.14
2.94
0.05
1.61
2.80
200 Max.
Total all sources
Mo.
100 Avg.
20 Max.
Total all sources
Mo.
20 A vg.
33
mineral, free or emulsified)
* - By grab sample only,
"Sec. 34-107. State and federal limitations on discharges.
"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.
(Ord. No. 92-029, ~ I, 7-13-92)
"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 BOD5 and TSS. Dilution 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.
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec. 34-109. Hazardous waste notification.
"It shall be unlawful for an industrial user to fail to notify the environmental
services division, the EP A Regional Waste Management Division Director, 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.
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec. 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
34
"(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 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 date 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,
at a minimum, the following elements:
"(1) Description of discharge practices, including non-routine batch
discharges;
"(2) Description of stored chemicals;
"(3) Procedures for immediately notifying the POTW of slug discharges,
including any discharge that would violate a prohibition under 40
CFR 403.5(b), with procedures for follow-up written notification
35
within five 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, it is the responsibility of the user to
immediately telephone and notify the POTW of the accident, specifying the
following:
"( I) 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, within five (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 fines, 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 ensure that all employees who may cause or suffer such
a discharge to occur are advised of the emergency notification procedure.
"(d) Complete compliance with this section along with documented and verified
bona fide operating upset shall be an affirmative defense to any enforcement action
brought by the administration against the user for any noncompliance with this
article or any wastewater contribution permit issued pursuant to this article which
arises out of violations alleged to have occurred during the period of the upset.
(Ord, No. 92-029, ~ I, 7-13-92)
"Sec. 34-112. Bypass prohibited.
"(a) It shall be unlawful for any person to permit or suffer a bypass under
circumstanqes other than or expressly permitted in this section,
"(b) A bypass may be excused if the bypass was unavoidable to prevent loss of
36
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 judgment, 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,
"(c) 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-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,
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec.34-113. Federal categorical pretreatment standards-Effect of conflict with
article.
"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 CFR, Part 403.12,
(Ord. No. 92-029, ~ I, 7-13-92)
"Sec. 34-114. Same-Modification.
"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 EP A 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).
(Ord, No. 92-029, ~ 1, 7-13-92)
"Sec. 34-115. Requirements for traps.
"(a) Any user discharging oil, sand, grease or wastes containing grease in amount
that will 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
37
by the provisions herein, provide interceptors or traps of a type and capacity
approved by the City with the following features:
"( I ) 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 at a 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 of Texas concerning such
wastes.
(Ord. No. 92-029, ~ 1, 7-13-92)
"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 progressively stringent penalties and/or actions for
failure to meet specific compliance deadlines.
"Sanctions imposed upon the user shall include, but not be limited to, any or all
of the following enforcement orders: Notices of violations, compliance orders,
administrative orders, fines, civil and criminal penalties, permit revocation, public
notification of violation in the local news media, termination of services, and joint
enforcement action by the city, state, and/or federal regulatory agencies, Minor
violations escalate into enforcement actions of greater magnitude in the event of
recalcitrance by the user until full compliance is achieved.
"This plan specifies methods ofinvestigation of the violation, types of escalating
38
enforcement responses for any violation reasonably anticipated by the City and the
title of the official(s) responsible for implementing each type of enforcement
response. The enforcement response plan enables users of the POTW to anticipate
enforcement action by the City,
(Ord. No. 92-029, ~ 1, 7-13-92)
"Sec. 34-117. Penalty for violation of article provisions.
"(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 days continuance of
any violation of the provisions of this article shall constitute and be deemed a
separate offense.
"(b) Any person violating any of the provisions of this. article shall be guilty of
a misdemeanor, and upon conviction shall be fined in any sum not to exceed two
thousand dollars ($2,000,00), and each and every days continuance of any violation
of the provisions of this article shall constitute and be deemed a separate offense.
(Ord. No. 92-029, ~ I, 7-13-92)
Secs. 34-118-34-130. Reserved.
DIVISION 4. TRUCKED AND HAULED WASTES
"Sec. 34-131. Generation, transportation and disposal of wastes.
"(a) Nonhazardous wastes.
"(1) A generator of liquid wastes shall comply with the following
provisions in addition to compliance with other provisions of this
article:
"a. No generator of liquid wastes shall fail to have all liquid waste
material removed from his premises by a liquid waste transporter
who holds a valid permit from the City.
"b. No generator of liquid wastes may have hazardous wastes or
liquid waste in combination with hazardous waste removed from
his premises by a liquid waste transporter operating under a city
permit.
"c. A generator of liquid wastes shall sign a city trip ticket from the
transporter when a load is removed from his premises and keep
a copy of all trip tickets for a period of one (I) year, These
records shall be made available for inspection by the City at any
reasonable time.
39
"d. All generators of liquid waste shall ensure complete evacuation
ofliquid waste when being serviced by all permitted liquid waste
transporters and shall ensure that the volume being evacuated
is listed on the liquid waste transporter's trip ticket.
"e. No generator of liquid wastes shall fail to report spills involving
liquid waste to the City by telephone immediately and clean up
and dispose of material immediately by proper means as specified
in this paragraph (1). A written report should be reported within
three (3) days to the director of utilities,
"(2) No person shall vacuum, flush, or service tanks or traps which
contain liquid waste or portable chemical toilet wastes for the
purpose of transporting such waste to a site of disposal unless
approval has been granted by the City. Prior to any operation in the
City, all persons desiring to transport such wastes shall obtain a
permit from the City as specified in subsection (c )(2), and are
prohibited from transporting hazardous wastes and from co-mingling
hazardous waste with liquid waste or portable chemical toilet waste
in permitted vehicles, Transporter of liquid waste shall:
"a. Use the manifest system as directed in sections 34-105(h) and
34-13 I (c)(6)c.
"b. Use a disposal site that is approved by the EPA, TCEQ, and the
City.
"c. Determine the nature of the material to be transported and that the
equipment is sufficient to properly remove the entire trap
capacity without spillage, leaks, or release of toxic or harmful
gases, fumes, liquids, or other substances.
"d, Upon delivery of the waste, the transporter shall inform the
disposer of the nature of the waste.
"(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 permits
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,
40
"d. Accept only those classes of waste authorized by license or
permit.
"(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 of Texas concerning such wastes.
"b. Obtain a permit from the City, requirements of which are listed
in section 34-131 (c)( I) of this article.
"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 of Texas
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.
"(I) 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:
"I, 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,
41
"3. Vehicle shall be equipped for safe operation and possess a
valid state inspection sticker.
"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.
"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 section 34-131 (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 shall issue a
permit to haul non-hazardous wastes.
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"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 full 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 section 34-131 (c)( 6).
"(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.
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"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 section 34-131 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:
"I. The trip ticket books are purchased by the transporter from
the City for a fee as set forth in Section 34-131 (c)( 6)c.
"2. A transporter will complete one (1) trip ticket for each
location serviced,
"3. One 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.
"4, 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,
"5. One part of the trip ticket shall go to the disposal or
processing facility.
"6. One part shall go to the transporter, who shall retain a copy
of all trip tickets showing the collection and disposition of
wastes,
"7. One copy of the trip ticket shall be returned by the
transporter to the generator within fifteen (15) days after the
waste is received at the disposal or processing facility,
"8. The remaining copy (original) shall remain in the trip ticket
book and shall be returned to the City within thirty (30)
days following usage of all trip tickets in the trip ticket
book.
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"9. A copy of all trip tickets shall be maintained for a period of
five (5) years for all parties except the generator who shall
maintain a copy for a minimum of one (1) year.
"Denial, suspension, revocation of permit.
"a. The authority may deny a permit if it is determined that an
applicant has not performed the requirements of sections
34-131(c)(I) and 34-13 I (c)(3) of this article and may suspend a
permit if it is determined that a permittee:
"1. Is not qualified under section 34-13 I (c)(l) of this article,
"2. Has violated a provision of this article.
"3. Has failed to pay a required fee.
"4. Has failed to comply with maintenance or inspection
requirements.
"b. The City may revoke for a period of one (1) year or less all
permits held by a transporter if the transporter or one (I) 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 the
jurisdiction 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 mail at least ten (10)
days before the hearing. Service may be made on any person, or any
agent or officer of a corporation,
"(6) Fees.
"a. Permits. Each person shall include with an application for permit an
initial fee of one hundred dollars ($100.00), with an annual renewal
fee of fifty dollars ($50.00),
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"b, Waste disposal at POTW . Waste transporters utilizing the city POTW
will be charged a minimum fee of thirty-three dollars ($33.00) for
one thousand (1,000) gallons, and all over one thousand (1,000)
gallons shall be pro-rated at the minimum fee for one thousand
(1,000) gallons. Waste transporters may also be surcharged for
wastes that exceed the parameters of normal domestic wastewater as
established in section 34-86(a) of this article. This charge will be
based upon the strength of a representative grab sample from each
load. Fees shall be reviewed on a regular basis by the City Council
and adjusted as necessary to reflect true costs to the City. No wastes
shall be accepted containing prohibited sub stances as described in
section 34-105 of this article.
"c. Manifest system, Liquid waste transporters may be charged a
manifest fee to recover printing and handling costs for trip-ticket
books in the amount of eight and one-half dollars ($8.50). This fee
shall be reviewed on a regular basis by the City Council and adjusted
as necessary to reflect true costs to the City.
(Ord. No. 92-029, ~ I, 7-13-92; Ord. No. 94-010, ~l, 2-14-94)
Secs. 34-132--34-149. Reserved."
Section 4. That it is hereby declared to be the intention of the City Council of the City of
Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or
sections of this ordinance, and such remaining provisions shall remain in full force and effect.
Section 5. 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
the aforesaid repealed provisions be continued in full force and effect to the extent necessary and
as 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 6. That all other ordinances or parts of ordinances in conflict herewith and not
expressly addressed herein are hereby repealed to the extent of such conflict only.
Section 7. That this ordinance shall become effective July 1,2004.
PASSED, APPROVED AND ADOPTED this 14th day of June, 2004.
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ATTEST:
I)~~
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
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