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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entitled "Wastewater Discharge and Disposal" be, and the same is hereby, as of the effective date of this ordinance, repealed and declared null and void and of no further force and effect, save and except as otherwise specified herein. 1 Section 3.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, 2 "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, 3 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) 4 "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 5 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. 6 "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. 7 "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 8 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 9 "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. 10 "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. 11 "(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 12 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. 13 "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. 14 " 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. 42 "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. 43 "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. 44 "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), 45 "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. 46 ATTEST: I)~~ Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: 47