92-029 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING ARTICLE III CHAPTER 34 OF SAID CODE
ORDINANCE N0. 92-029
AN ORDINANCE OF' THE CITY OF PARIS, PARIS, TEXAS, PROVID-
ING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY
REVISING ARTICLE III, CHAPTER 34 OF SAID CODE; PROVIDING FOR
THE PLANNING, ENGINEEKING 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 GITY OF PARIS AND TO OPERATE THE
SEWEK SYSTEM IN A MANNER WHICH PROTECTS PUBLIC HEALTH AND THE
ENVIRONMENT, AND, IN ADDITTON 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 GENEKAL PRETREATMENT REGULATIONS, 40 CFR PART 403;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 1, 1992.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1. That Article III of Chapter 34 of the
Code of Ordinances of the City of Paris, Paris, Texas, be
amended so that such shall read as follows:
"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 comgly 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 treat-
ment works and those persons who conduct activities
in the City and its jurisdiction under the provi-
sions of this article.
(c) Authority. The City of Paris, a home
rule city, derives its authority from the Constitu-
tion 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.
Sec. 34-52. Objectives.
(a) The objectives of this article are:
(1) To provide for the orderly functioning of
the POTW:
(2) To provide control of construction and
use of the City sewer system;
(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 monitar 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
outlined objectives. This article provides the
structure under which the service will be provided
for certain types of nondomestic 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.
Sec. 34-53. Abbreviations.
The following abbreviations used in this
article shall have the designated meanings:
BODS - Five (5) Day Biochemical Oxygen
Demand
CERCLA - Compreherisive Environmental Response,
Compensation, and Liability Act
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
CWF - Combined Wastestream Formula
EPA - Environmental Protection Agency
1 - Liter
mg - Milligrams
mg/1 - Milligrams per Liter
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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
TDH - Texas Department of Health
TSS - Total Suspended Solids
TTO - Total Toxic Organics
TWC - Texas Water Commission
USC - United States Code
Sec. 34-54. Definitions.
Unless the context specifically iridicates
otherwise, the following terms and phrases, as used
in this article, shall have the meanings herein
designated:
Accidental Discharge - means an act or omis-
sion through which waste or other substances are
inadvertently discharged into water in the state.
Act or the Act - The Federal Water Pollution
Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251 et seq.
Approval Authority - The administrator of the
Environmental Protection Agency (EPA) or the
appropriate agency of the state.
Authorized Representative of tndustrial User -
(1) A principal executive officer of at least
the level of vice president, if the industrial
user submitting the reports is a corporation.
(2) A general partner or proprietor if the
industrial user is a partnership or sole
proprietorship respectively.
(3) A duly authorized representative of the
individual designate, if such representative
is responsible for the overall operation of
the facility from which the indirect discharge
ariginates.
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Biochemical Ox en Demand (BOD The quan-
tity of oxygen use in the iochemical 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/1) as set
forth in standard methods.
Boiler Blowdown Wastewater - Wastewater
emitted from a oiler or energy-generating equip-
ment 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 facil-
ity.
Categorical Standards or Categorical Pretreat-
ment Standards - National pretreatment standards
specifying quantities or concentrations of pollut-
ants of pollutant praperties which may be dis-
charged or introduced into a public sewer system by
specific industrial categories. These standards
are promulgated pursuant to Section 406.0 of the
General pretreatment regulations for existing and
new sources (40 CFR, Parts 125 and 403).
Chemical Oxygen Demand (COD) - The measure of
the oxygen-consuming capacity of organic and
inorganic matter present in the waste-water
expressed in mg/1 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 bio-
chemical oxygen demand.
City - The City of Paris, Paris, Texas 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 thdn one-half (1/2) inch in any
dimension.
Composite Sample - A series of samples mixed
together so as to approximate the average strength
of discharge to the sewer. A composite sample for
a twenty- four -hour period shall consist of a pool
of not less than twelve (12) samples (one hundred
(100) milliliters minimum volume), unless special
conditions warrant otherwise and the supervisor
designates an alternative procedure that is accept-
able. Samples shall be iced or refrigerated during
sampling and transportation to appropriate labor-
atory facilities.
Control Authority - The City of Paris and its
authorize representati.ves.
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.
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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 waste-
water, treated or untreated into or adjacent to
waters of the state.
Discharge - In verb form: to deposit, con-
duct, 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 omestic 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 Su ervisor - The person
designated y the city manager to eiziorce this
chapter on behalf of the City and other such duties
as designated by the ci.ty manager.
Flow-Weighted (or Flow Proportional) Composite
Sample - A composite sample in which 12 or more
aliquots have been proportioned either by varying
the volume of each al_iquot 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 dispens-
ing of food and from the handling, processing,
storage and sale of foad products and produce.
Generator - A person who causes, creates, or
otherwise produces waste.
Grab Sample - An individual sample collected
over a period of time riot exceeding 15 minutes with
no regard to instantaneous wastestream flow.
Holdin Tank Waste - Ar,y waste from septic
tanks, vacuum pump tan trucks, chemical toilets,
campers, trailers or other direct holding vessels.
Hazardous Waste - Any waste (or combination of
wastes , which ecause of its quantity, concentra-
tion, physical, chemical, or infectious
characteristics may;
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(a) Have any of the following characteris-
tics: Toxic, corrosive, chemically reactive,
flammable or combustible, explosive or other-
wise capable of causing substaritial personal
injury or illness.
(b) Pose a substantial hazard to human health
or the environment when improperly treated,
stored, transported or disposed oF, or
otherwise improperly managed.
(c) Be identified or listed as a hazardous
waste in 40 CFR part 261 as defined by the
administrator of the United States Environmen-
tal 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
nondomestic pollutants from any source regulated
under section 307(B) ar (C) of the Act, (33 USC
1317) into the POTW (including holding tank waste).
Industrial User - A source ot indirect dis-
charge which does not constitute a"discharge of
pollutants" under regulations issued pursuant to
Section 402 of the Act (33 USC 1342), inciuding the
following:
(1) A major industry discharging in excess of
two hundred (200) pounds of BOD or suspended
solids per day, or a waste containing toxic or
hazardous material.;
(2) An institution discharging through a
monitoring device;
(3) A light industry discharging less than
two hundred (200) pounds of BOD or suspended
solids per day; or,
(4) A commercial industry discharging domes-
tic waste, but with the potential to discharge
inciustrial or toxic waste by spillage or
pracess revision.
Industrial Waste - Waste resulting from any
process involve with industry, manufacturing,
trade or business establishments including non-
prorit 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, guide-
lines or regulatioris developed pursuant to the
Solid Waste llisposal Act (SWDA), The Clean Air Act,
The Toxic Substances Control Act or more stringent
State Criteria (including those contained in any
state sludge management plan prepared pursuant to
Title IV of SWDA applicable to the methods of
disposal or use employed by the POTGI).
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May - May is permissive or discretionary.
Maximum Allowable Discharge Limit - The
maximum concentration of any pollutant discharged
to the POTW based on daily or monthly averages or a
single grab sample as established by the City based
on technically based local limits development,
national categorical pretreatment standards, or
best professional judgement of the City. If State,
Federal, and Local discharge limits are different,
then the most stringent limit shall apply.
Dilution af the wastestream to achieve an allowable
discharge limit is prohibited.
rlilligrams Fer Liter (mg/1) - A weight-to-
volume ratio equivalent to parts per million.
National Cate orical Pretreatment Standard -
Also reference simply as Pretreatment Standard,"
denoting any regulation containing pollution
discharge limits promulgated by the EPA in accord-
ance with Section 307(B) and (C) of the Act (33 USC
1347) which applies to a specific category of
industrial users.
National Pollutant Dischar e Elimination
System NPDES Permit - A permit issued Pursuant to
Section 402 of the Act (33 USC 1342).
Natianal Prohibitive Dischar e Standard -
Sometimes re erence as Prohi itive Discharge
Standard," denoting any regulation developed under
the authority of Section 307(b) of the Act and 40
CFR, Section 403.5.
Natural Outlet - Any outlet into a water-
course, itch, lake or other body of surface water
or groundwater.
New Source - Any user who commences discharge
to the POTW a ter the promulgation of a federal
pretreatment standard for such user as further
defined in 40 CFR part 403.3(k).
Normal Domestic Wastewater - wastewater other
than industrial wastewater ischarged by a person
into the sanitary sewers and containing an average
twenty-four-hour composite concentration of not
more than two hundred fifty (250) mg/1 BOD, two
hundred fifty (250) mg/1 SS, or thirty (30) mg/1
Ammonia.
Other substances - means substances which may
be use ul or va uable 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, sus-
pended solids or pollutants that would upset normal
operations or cause the POTW to be noncompliant
with its State or Federal Permits.
Person - Any individual, partnership, copart-
nership, 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.
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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
TWC permits (including an increase in the magnitude
or duration of a violat:ion).
Pollutant - Any dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage
sludge, muriitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt and
agricultural municipal and industrial waste.
Polluted - Referring to the alteration of the
chemical, physical, biological and/or radiological
integrity of water, air, or soil induced ur made by
man.
POTW Treatment Plant (Facility) - That portion
of the POTW designed to provide treatment to
wastewater.
Pretreatment or Treatment - The reduction of
the amount o pollutants, the elimination of
pollutants, the alteration of the nature of pollut-
ants 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
pretreatmerit standard, imposed on an industrial
user.
Pretreatment Standard or Standards - Any
regulation containing pollutant ischarge limits
promulgated by the EPA 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.
Publicl owned Treatment Works (POTW) - A
treatment works as e ine y 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.
P'or 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 artifi-
cial, public or private, intermittent or perennial
flowing, which are contained within, flow through
ar border upon the state ar any portion thereof.
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Sanitary Sewer - A public sewer conveying
domestic wastewater, industrial wastes, or both,
into which stormwater, surface water, groundwater,
and other unpolluted wastes are not intentiorially
discharged.
Shall - Shall is mandatory.
Si niticant Industrial User - Any industrial
user o the City POTW who meets any of the follow-
ing:
(1) Is subject t:o categorical pretreatment
standards;
(2) Discharges a flow of twenty-five thousand
(25,000) gallons or more per day of process
wastewater.
(3) Discharges a flow greater than five
percent (5%) of the total daily flow in the
City's wastewater treatment facility.
(4) llischarges in his waste toxic pollutants
as defined pursuant to Section 307 of the Act
or State Statutes and Rules.
(5) Is found by the City, State, or the
Environmentai Protection Agency to have
significant impact, either singly or in
combination with other contributing indus-
tries, on the wastewater treatment system, the
quality of sludge, the system effluent quality
or air emissions generated by the system;
Slug (Overload) - The imposition of organic,
inorganic, or hydraulic loading on the POTW in
excess of its engineering design capacity or
operational capability.
Spill - means 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 stan ard in ustrial
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 draitiage into which
domestic wastewater and industrial wastes are not
intentionaliy discharged.
Stormwater - Flow resulting from and occurring
during or following natural precipitation.
Supervisor - See definition for "Environmental
Services Supervisor."
Sus ended Solids - The words "suspended
solids sha 1 mean total suspended matter than
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 ror the examination ot water and waste-
water, current edition, or guidelines for
establishing test procedures for the analysis of
pollutants, contained in 40 CFR 136, as published
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in the Federal Register and referred to as
notifilterable residue) also called total suspended
solids or TSS.
Toxic Pollutant - Any pollutant or combination
of po utants isted as toxic in regulations
promulgated by the administrator of the EPA under
the provision of CWA Section 307(a) or other Acts.
Trap - A device designed to skim, settle or
otherwise remove oil, grease, sand, flammable
wastes or other harmful substances.
Unpolluted Wastewater - water containing:
(1) No detectable free or emulsified grease
or oil;
(2) No detectable acids or bases;
(3) No detectable phenols or other taste- and
odor-producing substances;
(4) No detectable toxic or poisonous sub-
stances in solution, colloidal state of
suspension;
(5) No detectable noxious or otherwise
obnoxious or odoraus gases;
(6) Not more than an insignificant amount
(five (5) mg/1) of suspended solids and BOD,
as determined by the State.
(7) No color exceeding fifty (50) units as
measured by the Platinum-Cobalt method of
determination as specified in standard
methods.
Upset - An exceptional incident in which a
discharger unintentionally and temporally is in a
state of noncompliance with the discharge require-
ments set forth in this article due to factors
beyond the reasonable control of the discharger,
and excluding noncompliance to the extent caused by
operational error, improperly designed treatmerit
facilities, lack of preventive maintenance or
careless or improper operation thereof.
User - Any person who contributes, causes or
permits the discharge of wastewater into the City
POTW.
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 incustrial waste from dwellings, commercial
buildings, iridustrial facilities and institutions,
together with any groundwater, surface water ancl
stormwater than may be present, whether treated or
untreated, which is contributed into or permitted
to enter the POTW.
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Wastewater Discharge Permit - A permit issued
by the City to a specific user to discharge waste-
water to the sanitary sewer in accordance with the
terms and conditions of these ordinances. (Same as
Wastewater Contributiori Permit).
Wastewater Facilities - All facilities for
collection, pumping, treating, and disposing of
wastewater and industrial wastes.
Wastewater Treatment Plant - Facilities,
devices and structures or receiving, treatment and
disposing of wastewater, industrial wastes and
sludges from the sewer system.
Waters of the Sta.te - Same as the definition
for "Receiving Waters .
Words, terms, or expressions peculiar to the
art or science of sewage not herein above 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.
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 ut 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 ot this article.
Sec. 34-56. Industrial Advisory Committee.
The city council may appoint an Industrial
Advisory Committee to propose 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.
Sec. 34-57 - 34-70 Reserved.
DIVISION 2. ADMINISTRATION
Sec. 34-71. Administration by Environmental
Services Supervisor.
Except as otherwise provided in this article,
the duly authorized representative of the City,
shall be the Environmental Services Supervisor, who
shall administer, implement and enforce the provi-
sions of this article.
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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 accord-
ing 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
City or their authorized representative(s) ready
access at any and all reasonable times to a11 parts
ot the premises necessary for the purpose of
inspection, sampling, records, examination or the
performance of any of their official duties. The
City, the state agencies with jurisdiction and the
EPA 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 ta 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 pur-
poses of performing their specific responsibili-
ties. In no case shall there be a delay greater
than ten (lU) 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 sha11 be interpreted to prevent nonflow-
weighted composite ur grab sampling whenever
necessary or required to monitor or check any user
for compliance with th:is article. All sampling and
analysis shall be in accordance with the methods
described in 40 CFR Part 136.
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 lease once every six 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 appro-
priate 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 ta identify the
magnitude of the violation and continued at the
discretion ot the City until compliance is achieved
and the City is satisfied that the reason for 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.
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If sampling performed by the users indicates a
violation the user shall notify the City within 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 .
l. 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 (30) day
period of becoming aware of the violatior,.
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 public laboratory for analysis.
(c) Any necessary quality assurance for pretreat-
ment sampling and analysis shall be consistent
with those of 40 CFR 136 "Guidelines for
establishing test procedures for the analysis
of pollutants," et seq.
Section 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 trieasurement or any combination
of these based upon the significance of the waste
water discharge as determined by the City. The
monitoring facility shauld normally be located on
the user's premises; however, when such location
would be impractical or cause undue hardship on the
user, the City may allow the construction of the
facility in the public street or sidewalk area in a
location that will not be obstructed by landscaping
or parked vehicles. The above shall apply to both
old and new users when monitoring facilities are
necessary.
(b) Whether constructed on public or private
property, the sampling and monitoring facilities
shall be provided in accordance with the city's
requirements and all applicable local construction
standards and specifications. There shall be ample
room in or near such catitrol 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 construc-
tions 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 installa-
tion may be acceptable subject to approval by the
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supervisor; such approval shall not release the
user from the requirement to provide samplirig
facilities which are accessible to the City and
which are secured and protected.
Sec. 34-75. Flow Measuring Devices.
(a) Users contributing twenty-five thousand
(25,000) gallons per day of normal domestic waste-
water 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 optioti 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 percent-
age return in effect at the time shall ir,stall, 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 cievices for compliance with this article at
its discretion.
Sec. 34-76. Pretreatment.
(a) Users shall provide necessary wastewater
pretreatment as required to comply with this
article and shall achieve compliance with all
federal categorical pretreatment standards within
the limitations as specified by the federal
pretreatment regulations. Any facilities required
to pretreat wastewater to a level acceptable to the
City shall be provided, operated and maintained at
the user's cost and expense. Detailed plans
showing the pretreatment facilities and their
operating procedures shall be submitted to the City
for review, and shall be approved by the City
before construction of the facility. The review of
such plans and operating procedure will in no way
relieve the user from the responsibility of modify-
ing the facility as necessary to produce an
effluent acceptable to the City under the provi-
sions 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 ta 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
months have significantly violated pretreatmerit
requirements as defined in 40 CFR, 403.8(f)2(vii).
This list will appear annually in the largest
newspaper published in the City of Paris during the
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month of January. Additionally, the compliance
status of ail 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 publicatiori of any significant violators.
(c) Al1 records relating to compliance with
pretreatment standards shall be maintained for a
period of at least three (3) years and be made
available to City, State or Federal Officials.
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) 1"he discharge is subject to promulgated
national categorical pretreatment standards;
(2) The discharge contains pollutarits 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 deter-
mined 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 waste-
water per day.
(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
nondomestic user sha11 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 appro-
priate for evaluation, the following information as
required by the supervisor:
(1) a) Name, address and location (if
different from the address).
b) Authorized representative.
(Z) SIC number accarding to the Standard
Industrial Classification Manual, Bureau af
the Budget, 1972, as amended;
(3) Wastewater canstituents and characteris-
tics as determined by a reliable analytical
laboratory; sampl.ing and analysis shall be
performed in accordance with procedures
established by the EPA pursuant to Section
304(g) of the Act and contained in 40 CFR,
Part 136, as amended;
(4) Time an duration of contribution;
(5) Average Dai1y and fifteen-minute peak
wastewater flow rates, including daily,
monthly and seasonal variations, if any;
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(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;
'S) 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 opera-
tion and maintenan.ce will be required to meet
the pretreatment standards, the schedule by
which the user wil.l provide additional optimum
pretreatment and/or operation and maintenance.
The completion dat:e in this schedule shall not
be later than the compliance date established
for the 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 applic-
able 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 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 sub~~it 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 operatiotz of pretreatment system;
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(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 intormation as may be deemed by
the Gity 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 data fur-
nished, the City may issue a wastewater contribu-
tion permit subject to the terms and conditions
provided herein.
(c) Permit Conditions. Wastewater contribu-
tion permits shall be expressly subject to all
provisions of this article and all fees established
by the City. Permits for all sigtiificant indus-
trial users as defined in this article shall
contain the following minimum conditions and
requirements; other users may be subject to any or
all of the following requirements:
(1) Statement of duration;
(2) Statement of non-transferability;
(3) Effluent limits based on applicable
pretreatment standards, categorical pretreat-
ment 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 retain-
ing plant records relating to wastewater
discharge as specified by the City, and
affording 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 constit-
uents being intr.oduced 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;
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(11) Any other conditions may be included as
deemed appropriat:e 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 halder. The certificatiori 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 possi-
bility 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
thati 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 ot 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 compl.iance.
(f) Permit renewal. Industrial dischargers
holding a wastewater contribution permit shall
apply for a permit renewal one hundred twenty (120)
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 iriformation required by the
city should be a part ut 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 time frame prescribed
by such standard. Where a user subject to a
national categarical pretreatment standard has not
previously submitted an application for a waste-
water contribution permit as previously described,
the user shall apply for and submit such
application within nznety (90) days after the
promulgation of the applicable national categorical
pretreatment standard. Compliance shall be
achieved within the time frames prescribed by the
standards.
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Changed conditions such as process revisions,
nature and volume of wastestreams, or other changes
under the conditions ot a user's permit shall be
submitted within thirty (30) days of such change
for review by the City. The City may modify or
re-issue a wastewater contribution permit to
retlect these changes.
(i) Revocation of permit. Any user who
violates this article, or applicable state and
federal regulations or the conditions uf 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.
Sec. 34-78. Compliance Date Reporting.
Within ninety (90) days following the date for
final compliance with applicable national pretreat-
ment standards or, in the case of a ciew source,
following 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 iiature 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 require-
ments arid, 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 repre-
sentative of the industrial user and certified by a
qualified professional engineer.
Sec. 34-79. Periodic Compliance Reporting.
(a) Any user subject to a national pretreat-
ment 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 during the months of
June and December, unless required more frequently
in the pretreatment standard or by the supervisor,
a report inclicating the nature and concentration of
pollutants in the eftluent which are limited by
such pretreatment standards. The user shall
collect a minimum of one (1) sample during each six
month period and perform analyses required by the
pretreatment standard for the semi-annual report.
Sampling and analyses to meet Federal Pretreatment
Standards does not relieve the user of additional
monitoring requirements as may be deemed approp-
riate 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) A11 non-categorical significant indus-
trial 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 semi-annual report-
ing periods specified in (a) above.
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(c) The supervisor may impose mass limita-
tions 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 EPA
pursuant to Section 304(g) of the Act and contained
in 40 CFR, Part 136, and amendments thereto or with
any other test procedures approved by the EPA.
Sampling shall be performed in accordance with the
techniques approved by the EPA.
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 PUTW. Any
information furnished to the City by an industrial
user which the user considers confidential shall be
clearly marked by the user as confidential.
Information and data on a user obtained from
reports, questionnaires, permit applicatior,s,
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.
(b) Wastewater constituents and characteris-
tics will not be recognized as confidential
iriformation. Information accepted by the City as
confidential will not be transmitted to the general
public by the City until and unless a ten-day
riotification is given to the user.
Sec. 34-81. Contract Agreements.
(a) No provision contained herein shall be
construed as preventing any agreement or arrange-
ment between the City and any industrial user
whereby industrial waste of unusual strength or
character may be accepted by the City for treat-
ment, subject to any applicable state and/or
federal limitations and requirements and to payment
therefor 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
arrarigement providing the following:
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(1) terms of acceptance by the City;
(2) fees, charges and payments for the
treatment of waste of unusual strength or
character;
(3) sewer connections, construction and
procedures for discharge in accordance
with all applicable requirements of this
Code of Ordinances;
(4) fees and charges for sampling, analysis
and reporting results of testing of
discharge;
(5) provisions for renegotiatiori or
re-evaluation of agreement elements.
Sec. 34-82. Notification of Violation.
Whenever the City finds that any user has
violated or is violating this ordinance, wastewater
contribution permit and/or any prohibition, limita-
tion or requiremerts herein, the City may serve
upon such person a written notice stating the
nature of the violation. Within thirty (30) days
ot 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.
Sec. 34-$3. Harmful Contributioiis.
(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 dis-
charge which presents ar 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 condition af its NPDES permit.
(b) Any person notified of an order to
suspend the water and/or wastewater treatment
service and/or the wastewater contribution permit
shall immediately stop or eliminate the contribu-
tion. If such person fails to comply voluntarily
with the suspension order, the City shall take
such steps as deemed necessary including imuiediate
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 non-compliant 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 occur-
rence.
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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 shauld 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 ot T'exas as hearing examiner, to pertorm
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
eviaence, it may issue an order to the user respon-
sible for the discharge directing that, tollowing a
specified time period, the sewer service or water
service may be discontinued unless adequate treat-
ment facilities, devices or other related appurte-
nances are properly operated. Further orders and
directives as are necessary and appropriate may be
issued.
Sec. 34-85. Fees and Charges Due to Violations.
(a) The City may recover all reasonable costs
of repairitig 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 ot 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) T'he costs are due and payable by the
discharger upon receipt of the letter. Non-payment
or disputes regarding the amount within ten (10)
days shall be cause tor termination of water and/or
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wastewater service. It shall be unlawful for
anyone but an authorized City employee to reconnect
service. Any reconnection fees in effect are
applicable.
Sec. 34-86. Surcharges.
(a) The City will accept BOD5 of up to two
hundred fifty (250) mg/1 and TSS of up to two
hundred fifty (250) mg/1 as normal domestic waste-
water. The City may elect ta accept BOD5 and TSS
in excess of two hundred fifty (250) mg71. BOD
and TSS over the value of two hundred fifty (250~
mg/1 shall be subject to an excessive strength
surcharge. These surcharges shall be calculated on
a monthly basis using metered wastewater contribu-
tion 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 concentra-
tions over (30) mg/l.
(b) The total iat, oil, and grease allowed by
this article is one hundred (100) mg/l, whether
free or emulsified. When this parameter is deter-
mined on a grab sample, any amount over the
allowable limit shall be added in milligrams per
liter to the BOD and TSS values used for purposes
of surcharge cal~ulation.
(c) Unless otherwise specified, samples shall
be twenty-four-hour composites. When a
tlow-recording device is provided the samples my 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 erid of a surcharge period,
the user may elect to have his discharge resampled
by the City tor 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 equipmerit is unavailable, user must
supply the proper equipment at his own expense.
T'he City shall retake one (1) sample for each
sample taken in the normal sampling program for a
charge equal to the (,ity'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 tor such sampling may be at a
flat 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
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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.
Sec. 34-87. Legal Action.
If any person discharges industrial or other
wastes or sewage into the City's wastewater facili-
ties contrary to the provisions of this 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. The
City may recover reasonable attorney's fees, court
costs, court reporter's fees and other expenses of
litigation.
Sec. 34-88. Civil Penalties.
Any user whu 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
authority granted in this article and permits
issued hereunder, may be enjoined from 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 1aw against the person found to have
violated this article or the orders, rules,
regulations, arid permits issued hereunder.
Section 34-89. Falsitying 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 pursu-
ant to this article, or wastewater contribution
permit, or who falsifies, tampers with, or know-
ingly renders inaccurate any monitoring device or
method required under these provisions, shall be
subject to the laws of the state prohibiting the
same.
Section 34-90 - 34-100 Keserved.
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 ff►aintain 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 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.
Sec. 34-102. Connection to Sewers Rzquired.
(a) Every building containing plumbing, any
portion of which is within two hundred (200) feet
of an available sewer, shall be connected with a
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public sewer within six months after the owner,
lessee, or occupant thereof receives writteii notice
from the director of community development to do
so. For the purposes of this provision, notice
shall begin upon mailing of such r►otice by certi-
fied 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 director of community development shall have
the right to make the connection of such premises
to the public sewer and charge the cost thereot,
including labor and mat:erials 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.
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 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 arid 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.
Sec. 34-104. General Prohibitions.
(a) No user shall contribute or cause to be
contributed, directly or indirectly into the POTW
any pollutant, wastewater, or other substances
which will:
(1) Cause pass through or interference with
the operation or performance of the publicly
owned treatment works.
(2) Cause the City to be in violation of any
ot the conditions of its NPDES or TWC dis-
charge permits.
(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
ather tederal or state laws.
(b) No user shall contribute or cause to be
contributed, directly or indirectly into or
adjacent to, storm drains, surface or ground water
any pollutant, wastewater or other substance which
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will pollute the waters of the state, create a
nuisance, or cause a hazard to human health or the
environment.
Sec. 34-105. Specific Prohibitions.
No user shall contribute or cause to be
contributed, directly crr indirectly, into the POTW
any of the following substances:
(a) Any solid, liquid, or gas which by reason
of their nature or quantity will create a fire or
explosion hazard in the PUTW, including, but not
iimited to, wastestreams with a closed cup flash-
point of less than 140 degrees fahrenheit (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 POTtv such as, but not limited to: animal
and vegetable grease, fat, or oil in excess of
specific limitations as set torth 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,
teathers, bones, grinding and polishing wastes,
tar, asphalt residues, rags, or any material that
has been determined by the City to cause an
obstructian.
NOTE: The supervisor, city engineer or their
authorized representative is entitled to review and
approve the installat:ion of any equipment to
condition waste or grind garbage with a motor or
driving means of three-fourths horsepower or
gredter.
(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 POT'W, or the general
public. Excursions of the above limits may be
acceptable as follows:
MAXIMUM EXCURSION DURATION
0.5 pH unit not to exceed 60 min.
1.0 it 30 1'
1.5 it 10 It
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 or 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.
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(f) Any discharge to the POTW having a
temperature which will inhibit biological activity
in the POTW treatment plant resulting in interfer-
ence, cause damage t:o the POTW, increase the
temperature of the total treatment plant influent
at a rate of ten (lU) degrees fahrenheit or more
per hour, or cause the total treatment plant
influent to exceed 95 degrees fahrenheit (35
degrees celsius).
(g) Any pollutant, including oxygen dematiding
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 otily be discharged to
the POTW at points designated by the City. Ariy
wastes defined as hazardous by RCRA standards will
not be accepted. Each load brought to the YOTW
must bear a signed certification statement declar-
ing the load non-hazardous on the trip manifest.
(i) Any wastewater or other substance
containing toxic poll.utants in any sufficient
quantity, either singly or by interaction with
other pollutants, to iriterfere 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 ot the POTW.
(j) Any wastewater or other substance with
objectionable color not removed in the treatment
process, such as but nat limited to, dye wastes and
vegetable tanning solutions.
(k) Any pollutant regulated pursuant to any
categorical pretreatment standard promulgated by
the EPA in a concentration or amount which is in
excess of the limit specified in the standard.
(1) Any herbicides, fungicides, insecticides,
rodenticides or any other pesticide that will
create a toxic condition in the POTW resulting in
interference, pass through, or hazards to human,
animal or plant life, including aquatic organisms,
or cause any deleterious effect to the environment.
(m) Any wastewater or substance containing
any radioactive wastes or isotopes of such concen-
tration or half-life that may exceed any limits set
by applicable state arid federal regulations. No
person may discharge such radioactive wastes into
the POTW without the written approval of the city
manager, the wastewater treatment plant superinten-
dent, and supervisor.
(n) Any unpolluted stormwater, surface or
ground water, roof runoff, subsurface drainage, or
other unpolluted drainage. The city engir,eer may
designate storm sewers and other watercourses into
which unpolluted drainage may be discharged.
(o) Any discharge that requires unusual
provisions, attention, or expense to treat or
control in the sewer system, treatment plant, or
sludge disposal facility.
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Sec. 34-106. Specific Pollutant Limitations.
No person sha11 discharge wastewater contain-
ing in excess of the fallowing allowable concentra-
tions of specific pollutants:
These limits shall be applied uniformly to the
end of pipe discharge.
POLLUTANT VALUE NOT TO BE EXCEEDED (mg/1):
MONTHLY AVG: DAILY MAX:
**Ammonia (NH3) 30.00 60.00
Arsenic (As) .69 1.38
Cadmium (Cd) .04 .08
Copper (Cu) 1.20 2.40
*Cyanide (Cn) .53 1.06
Lead (Pb) .62 1.24
Mercury (Hg) .004 .008
Nickel (Ni) .39 .78
Silver (Ag) .19 .38
Chromium (Cr) Total 7.01 14.02
Zinc (Zn) 1.07 2.14
"Phenolic Compounds 245.50 491.00
Selenium (Se) 1.37 2.74
*Toluene 122.57 245.14
Acenapthene 10.57 21.14
Antimony (SB) 2.3 4.60
Thallium (TL) 1.4 2.80
*Grease, Fat, Oil 100.00 200.00
(animal or vegetable, Total All Sources
free or emulsified)
*Oil, wax, paraf in 10.00 20.00
(petroleum based or Total Al1 Sources
mineral, free or EMU)
- By grab sample only.
Limit for surcharge purposes only.
Sec. 34-107. State and Federal Limitations on
Discharges.
State and/or federal limitations and require-
ments on discharges, which apply to the POTW or its
users, shall apply in all cases where they are more
stringerit that those contained herein, and, where
state and tederal limitations differ, the lower
limit shall apply.
Sec. 34-108. Excessive Discharge.
No user shall ever increase the use of potable
or process water or, in any way, attempt to dilute
a discharge as a partial or complete substitute for
adequate treatmecit 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 BOD and TSS. Dilution may,
however, be acceptabD as a means of controlling
some of the prohibited discharge levels which shall
be subject to the specific approval of the super-
visor.
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5ec. 34-109. Hazardous Waste Notification.
It shall be Unlawful for an industrial user to
fail to notify the City of Paris environmental
services division, the EPA Regional Waste Manage-
ment Division Director, and State Hazardous Waste
Authorities in writing of any discharge into the
POTW ot 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 relat-
ing to handling of such hazardous wastes.
Sec. 34-110. Upset Provision.
(a) An upset shall constitute an affirmative
defense to an action brought for noncompliance with
pretreatment standards if the requirements of
paragraph (b) are met.
(b) Conditions necessary for a demonstration
of upset shall demonstrate, through properly
signed, contemporaneous operating logs, or other
relevant evidence that;
(l) An upset occurred and the industrial user
can identify the specific cause(s) of the
upset;
(2) The facility was at the time being
operated in a prudent and workmanlike manner
and in compliance with applicable operation
and maintenance procedures;
(3) The industrial user has submitted the
following information to the control authority
within 24 hours of becoming aware of the upset
(if this informat:ion is provided orally, a
written submission a►ust be provided within
five days):
a) A description of the indirect
discharge and cause of noncompliance;
b) The period of noncompliance, includ-
ing exact dates and times or, if not
corrected, the anticipated time the
noncompliance is expected to continue;
c) Steps being taken and/or planned to
reducE, eliminate and prevent recurrence
of the noncompliance.
(c) The industrial user seeking to establish
the occurrence of an upset shall have the burden of
proof in any enforcement proceeding.
(d) 'The industrial user shall control the
generation of all discharges to the extent neces-
sary to maintain compliance with pretreatment
standards upon reduction, loss, or failure of its
treatment facility until the facility is restored
or an alternative method of treatment is provided.
This requirement applies in the situation where,
among ather things, the primary source of power of
the treatment facility is reduced, lost or fails.
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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
faeilities to prevent accidental discharge of
prohibited materials shall be provided and main-
tained 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 contribu-
tion to the POTW after the effective date of this
article shall be permitted to introduce pollutants
into the system until accidental discharge proce-
dures 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 concern-
ing 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. 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 tollowing:
(l) 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 follow-
ing 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 applicdble 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 administra-
tion against the user for any noncompliance with
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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.
Sec. 34-112. Bypass Prohibited.
(a) it shall be unlawful for any person to
permit or suffer a bypass under circumstances other
than or expressly permitted in this section.
(b) A bypass may be excused if the bypass was
unavoidable to prevent loss of life, personal
injury or severe property damage, and where there
were no feasible alternatives to the bypass, such
as the use of auxiliary treatment facilities,
retentian of untreated wastes, or maintenance
during normal periods of equipment downtime. The
"no feasible alternatives" criterion is not satis-
fied if, in the exercise of reasonable engineering
judgment, the user shuuld have installed aciequate
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 industriai user results in the violation of
applicable gretreatment standards or requirements
(including local limits established in accordance
with this article). If the industrial user knows
in advance of the need tor a bypass, it must give
prior notice to the City, if possible at least ten
days before the date ori which the bypass is to
occur. If the bypass is not anticipated, the
industrial user must notify the City orally within
24 hours of becoming aware of the bypass. This
verbal 24-hour notice must be followed within five
ciays by a written description of the bypass, its
cause, its duration (or if it has not beer,
corrected, how long it is expected to continue),
and what remedial action has been taken to rectify
the problem.
Sec. 34-113. Federal Categorical Pretreatment
Standards - Effect of Conflict with Article.
When promulgated, federal categorical
pretreatment standards tor a particular category,
if more stringent than the limitations imposed by
this article far users in that category or
subcategory, shall immediately supersede the
limitations imposed urider this article. The
supervisor shall notify a11 affected users of the
applicable reporting requirements under 40 CFR,
Part 403.12.
Sec. 34-114. Same - Madification.
Where the City wastewater treatment system
achieves consistent removal of pollutants limited
by federal pretreatment standards, the City may
apply to the administrator of the EPA for modifica-
tion oi the specific: limit(s) in the federal
pretreatment standards. "Consistent removal" shall
be defined as reduction in the amount of a pollut-
ant 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 ot Federal Regulations (CF'R).
-31-
Sec. 34-115. Requirements for Traps.
(a) Any user discharging oil, sand, grease or
wastes coritaining grease in amount that will impede
or stop the flow in public sewers or cause the user
to vialate any limitations set forth in this
article shall, at his own cost and expense and as
required by the provisions herein, provide
interceptors or traps af a type and capacity
approved by the City with the following features:
(1) Impervious material construction capable
of withstanding abrupt and extreme changes in
temperatures;
(2) Watertight and equipped with easily
removable covers which, when bolted in place,
shall be gastight and watertight;
(3) Located as to be readily and easily
accessible for cleaning and inspection;
(4) rlaintained 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 trom the city engineer. 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 ot these wastes in accordance with
the laws and regulations of the State of Texas
concerning such wastes.
Sec. 34-116. Enforcement Response Plan.
Any user who is found in violation of any of
the conditions of this article shall have such
violation(s) corrected in accordance with a pre-
determined 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 Enforce-
ment Action by the city, state, and/or federal
regulatory agencies. Minor violations escalate
into eriforcement actions of greater magnitude in
the event of recalcitraizce by the user until full
compliance is achieved.
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This plan specifies methods of investigation
of the violation, types of escalating enforcement
responses for any violation reasonably anticipated
by the City and the title of the official(s)
responsible for implementing each type of enforce-
ment response. The enforcement response plan
enables users of the POTW to anticipate enforcement
action by the City.
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 ($2000.00).
Each and every days continuance of any violation of
the provisions of this article shall constitute and
be deemed a separate offense.
(b) Any persan violating any of the provi-
sions of this article shall be guilty of a mis-
demeanor, 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 viola-
tion of the provisions of this article shall
constitute and be deemed a separate offense.
Section 34-118 - 34-130 Reserved.
DIVISION 4. TKUCKED AND HAULED WASTES
Sec. 34-131 Generation, Transportation and
Disposal of Wastes.
(a). Non-Hazardous Wastes
(1) A generator of liquid wastes shall
comply with the following provisions in
addition to compliance with other provi-
sions of this article:
a) No generator of liquid wastes
shall fail to have all liquid waste
material removed trom 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 of Paris 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 year. These
records shall be made available for
inspection by the City at any reasonable
time.
d) All generators of liquid waste shall
ensure complete evacuation of liquid
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.
-33-
e) No generator of liquid wastes shall
fail to report spills involving liquid
waste to the City by telephone
immediately and clean ug 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 ot 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 Section (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 Secti_ons 34-105(h) and 34-131(c)(6)c).
b) Use a disposal site that is approved
by the EPA, TWC, the Health Department
and the City of Paris.
c) Determine the nature of the material
to be transparted 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 ot 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) Maintairi Trip Ticket copies for a
period of three (3) yea-rs and make
available all records required to be kept
for inspection by the City at any reason-
able time.
d) Accept only those classes of waste
authorized by license or permit.
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(4) Liquid waste transporters desiring to
transport, mobile treat and/or process within
the City shall:
a) Comply with a11 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)(1) of this article.
c) Demonstrate to the City the capabil-
ity 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 sha11 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 systeffi. The City
shall be allowed to inspect vehicles for proper
operation, registration, and manifest.
(c) Non-Hazardous Waste Transportation
(1) Requirements for Permit
Any person required by this section to
obtain a permit to transport non-hazardous
waste shall perform the following:
a) Make application on a form provided
by the City and provide such information
as the City may reasonably request.
b) Submit for inspection by the City
each vehicle the applicant proposed to
use to transport liquid waste. Each
vehicle shall be constructed, equipped
and identified in accordance with the
following provisions:
1) Business name shall be perma-
nently displayed on both sides of
the vehicle in three (3) inch high
(or larger) letters.
2) Vehicle shall be clean and
odor free.
3) Vehicle shall be equipped for
safe operation and possess a valid
state inspection sticker.
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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 cunstructed 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, ar 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 suitabie 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 handlecl,
capable of operation without
spillage, spray, or leakage, and
capable of being easily disassembled
for cleaning.
c) Submit to the City with the applica-
tion, 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 sufiicient 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.
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
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etfect from issuance to the end of the said
fiscal year, unless sooner revoked, and shall
be non-transferab]_e.
The city shall number permits consecu-
tively as follows:
PTX OODU
The first three letters (PTX) shall represent
the City and the permit number shall follow.
The City shall designate the waste authorized
for transportatian in each vehicle and a
separate peralit nuffiber shall be issued for
each vehicle.
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 holder shall display
the vehicle permit nurnber on each side of
each vehicle in a color contrasting with
the background and in three (3) inch or
higher letters.
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 imuiediately
notify the City of additional disposal
sites used during the permit period.
g) Transpor.ters shall:
1) Maintain hoses, tanks, valves,
pumps, cylinders, diaphragms, pipes,
connections, and other appurtenances
on a vehicle in good repair and free
from leaks.
2) Provide a safety plug or cap
for each valve of a tank.
3} Cause a vehicle exterior to be
clean and the vehicle odor-free at
the beginning of each work day.
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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 manth.
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
impropeily operated vehicle.
h) A manifest system, consisting of a
four-part trip ticket to document the
generation, transportation, and disposal
of liquid waste shall be used as follows:
1) 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
trip ticket for each location
serviced.
3 Copy one of the trip ticket is
signed by the transporter and
generatar at the time of waste
removal and copy four is left with
the generator for their files.
4) Copy one of trip ticket is
signed by disposer at time of
disposal and copy two is maintained
by the disposer.
5) Copy three of trip ticket (with
signatures of generator, trans-
porter, and disposer) are maintained
by transporter.
6) All_ utilized trip ticket books
containing copy one will be
delivered within ten (10) days
following the motith of completion by
the transporter to the director of
utilities of the City.
7) A copy of all trip tickets
shall be maintained for a periad of
three (3) years.
(4) Denial, Suspension, Kevocation 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)(1) and 34-131(c)(3) of
this article and may suspend a permit if
it is determined that a permittee:
1) Is not qualified under Section
34-131(c)(1) of this article.
2) Has violated a provision of
this article.
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3) Has failed to pay a required
fee.
4) Has failed to comply with
maintenance or inspection require-
ments.
b) The City may revoke for a period of
one year or less all permits held by a
transporter if the transporter or one of
his employees violates any of the provi-
sions 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 sus-
pended or revoked shall not collect,
transport, or dispose of any waste
materials within the jurisdiction of the
City.
(S) Show Cause Hearing
The City or its duly authorized represen-
tative 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) Permit
Each person shall include with an
applicatian for permit, a fee as may be
established by Resolution of the city
council.
b) Waste Disposal at FOTW
Waste transporters utilizing the
City POTW will be charged a minimum fee
equal to the fee for 1,000 gallons of
liquid waste. Waste transporters may
alsa be surcharged for wastes that
exceed the parameters of normal domestic
wastewater a.s established in Section
34-86(a) of this article. This charge
will be based upon the strength as
averaged by a representative number of
grab samples from each load. Fees shall
be reviewed on an annual basis by the
City and adjusted as necessary to reflect
true costs to the City. Such fees shall
be established by Resolution of the city
council. No wastes shall be accepted
containing prohibited substances as
described in Section 34-105 of this
article.
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c) rlanifest System
Liquid waste transporters may be
charged a manifest fee to recover print-
ing and handling costs for trip-ticket
books. This fee shall be reviewed
annually by the City and adjusted to
reflect true costs to the City. Such
fees shall be established by resolution
of the city council.
Section 3. Any person violating any of the provis-
ions of this ordinance shall be guilty of a Misdemeanor, and
upon conviction shall be fined in any sum not to exceed
$2,000.00, and each and every day's continuance of any
violation of the above enumerated section shall constitute
and be deemed a separate offense.
Section 4. All ordinances or parts of ordinances in
conflict herewith are hereby expressly repealed.
Section 5. This ordinance shall become effective on
August 1, 1992.
Passed and adopted this 13th day of July, 1992.
G orge Fis er, Mayor
ATTEST:
Mattie Cunninghaffi, City C er
APPROVED AS TQ,FORM:
;
.~K. aynes, ity Attorney
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