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83-037 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 31 SECTION 31-1 AND 31-37 THROUGH SECTION 31-43 OF SAID CODE ORDINANCE NO. $3-037 AN ORDINANCE GF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING CHAPTER 31, SECTION 31-1 AND 31-37 THROUGH SECTION 31-43 OF SAID CODE; PROVIDING FOR AN ENVIRONMENTAL SERVICES SUPERVISOR AND REVISING ARTICLE III OF SAID CHAPTER WHICH ESTABLISHES A SEWER SYSTEM AND CONTROLS THE USE OF THE SAME; ; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY l, 1983. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS : Section 1. That Sub-paragraph (a) and (b) of 5ection 31-1 of the Code of Ordinances of the City of Paris, Paris, Texas, be amended so that such shall read as follows: "Section 31-1, Environmental Services Supervisor (a) The City Manager shall appoint an Environmental Services Supervisor, and such assistance and the City Manager may determine to be necessary who shall receive such salaries as shall be determined from time to time by the City Council. (b ) The City Manager shall appoint supervisors as deemed necessary, establishing job titles as authorized. " Section 2. That Article III of Chapter 31 of the Code of Ordinances of the City of Paris, Paris, Texas, be amended so that such shall read as follows : "SECTION 31-37. GENERAL PROVISIONS. A. DECLARATION OF PURPOSE AND POLICY It is the policy of the City of Paris 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. In addition, to enable the City to comply with any applicable state and federal laws including the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR Part 403). This ordinance shall apply to users of the City of Paris, Paris, Texas, POTW and to persons outside the City who are, by contract or agreement with the City, users of the municipal publicly owned treatment works. Except as otherwise provided herein, the duly authorized representa- tive of the City of Paris, Paris, Texas, in the person of the Environmental Services Supervisor shall administer, implement, and enforce the provisions of this ordinance. Objectives of this ordinance are: a) To provide for the orderly functioning of the POTW; b) To provide control of construction and use of the City sewer system. 1 c) 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; d) 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; e) To improve the opportunity to recycle and reclaim wastewater and sludges from the system; and f) To provide for the equitable distribution of the cost of the municipal wastewater system. It is the intent of the City of Paris, Paris, Texas, to provide needed sewer service to all users while meeting the outlined objectives. This ordinance provides the structure under which the service will be provided for certain types of non-domestic wastes, domestic wastes and industrial wastes, so that the system is protected and can continue to provide efficiently for the waste treatment needs of the City of Paris, Paris, Texas. B. ABBREVIATIONS The following abbreviations shall have the designated meanings : BOD - Biochemical Oxygen Demand CFR - Code of Federal Regulations CD - Chemical Oxygen Demand EPA - Environmental Protection Agency 1 - Liter mg - Milligrams mg/1 - Milligrams per Liter NPDES- National Pollutant Discharge Elimination System POTW - Publicly Owned Treatment Works SIC - Standard Industrial Classification SS - Suspended Solids (same as TSS) SWDA - Solid Waste Disposal Act, 42 U. S. C. 6901, et. seq. TDWR - Texas Department of Water Resources TSS - Total Suspended Solids USC - United States Code 2 C. DEFINITIONS Unless the context specifically indicates otherwise, the following terms and phrases, as used in this enactment, shall have the meanings herein designated: 1) Act or "the Act" - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. 2) Approval Authority - The Administrator of the Environmental Protection Agency (EPA) or the appropriate agency of the State of Texas. 3) Approving Authority - The City Council or City Manager of the City of Paris, Texas. 4) Authorized Representative of Industrial User - a) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; b) a general partner or proprietor if the industrial user is a partnership or proprietorship respectively; c) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates. 5) Biochemical Oxygen Demand (BODS The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty (20) degrees Centigrade expressed in terms of weight and concentration (milligrams per liter (mg/1) ) as set forth in Standard Methods. 6) Boiler Blowdown Wastewater - Wastewater emitted from a boiler or energy generating equipment containing chemical residues as a result of the conventional boiler water treatment programs. 7) Building Sewer - The extension from the building drain to the public sewer. 8) Categorical Standards or Categorical Pretreatment Standards - National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a public sewer system by specific industrial categories. These standards are promulgated pursuant to Sec. 406.0 of the General Pretreatment Regulations for Existing and New Sources (40 CFR Parts 125 and 403). 9) Chemical Oxygen Demand ( COD The measure of oxygen consuming capacity of organic and inorganic matter present in the water or wastewater 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 necessaiily correlating with biochemical oxygen demand. 10) City - The City~ of Paris, Paris, Texas, or any authorized person acting in its behalf. 3 11) Composite Sample - A series of samples mixed together so as to approximate the average strength of discharge to the sewer. A composite sample for one day shall consist of a pool of twenty-four samples (100 ml. minimum volume), each taken hourly, unless special conditions warrant otherwise and the Supervisor designates an alternative procedure that is acceptable. Samples shall be iced or refrigerated during sampling. 12) Control Authority - See Environmental Services 5upervisor. . 13) 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. 14) Control Point - The point on a building sewer where access to a discharge is provided, preferable before the discharge mixes with others in the public sewer. The control point shall be the control manhole unless otherwise designated by the Supervisor. 15) 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. 16) Direct Discharge - The discharge of wastewater, treated or untreated, directly to the waters of the State of Texas. 17) Domestic User - Any person who discharges only domestic sewage. 18) 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 said agency. 19) Environmental Services Supervisor - The person designated by the City Manager to enforce Chapter 31 of the Code of Ordinances on behalf of the City and other such duties as designated by the City Manager. 20) Garbage - Animal and vegetable wastes and residue from the preparation, cooking and dispensing of food and from the handling, processing, storage and sale of food products and produce. 21) Grab Sample - A sample taken on a one-time basis with no regard to waste stream flow or consideration of time involved. (100 ml minimum volume) 22) Holding Tank Waste - Any waste from septic tanks, vacuum pump tank trucks, chemical toilets, campers, trailers or other direct holding vessels. 23) Indirect Discharge - The discharge of nondomestic pollutants from any source regulated under Section 307 (b) or (c) of the Act, (33 U.S.C. 4 1317) into the POTW (including holding tank waste) . 24) Industrial User - A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342), including the following : a) 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; b) An institution discharging through a monitoring device; c) A light industry discharging less than two hundred (200) pounds of BOD or suspended solids per day; d) A commercial industry discharging domestic waste, but with the potential to discharge industrial or toxic waste by spillage or process revision. 25) Industrial Waste - Waste resulting from any process involved with industry, manufacturing, trade or business concerned with the development of any natural resource, or any mixture of the waste with water or domestic wastewater, or distinct from normal wastewater. 26) 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 U. S. C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act ( SWDA) , the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the POTW). 27) Milligrams per liter (mg/1) - A weight-to-volume ratio equivalent to parts per million. 28) National Categorical Pretreatment Standard - Also referenced simply as "Pretreatment Standard", denoting any regulation containing pollution discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act (33 U. S. C. 1347) which applies to a specific category of industrial users. 29) National Pollution Discharge Elimination System (NPDES) Permit-A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). 30) National Prohibitive Discharge Standard - Sometimes referenced as "Prohibitive Discharge Standard", denoting any regulation developed under the authority of Section 307 (b) of the Act and 40 CFR, Section 403.5. 5 31) Natural Outlet - Any outlet irito a water-course, ditch, lake, or other body of surface water or groundwater. 32) New Source - Any source, construction of which begins after the publication of proposed regulations prescribing a 5ection 307 (c) (33 U.S.C. 1317) Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the Federal Register. If the standard is promulgated later than one hundred twenty (120) days after proposal, a new source will be one whose construction is begun after the date of promulgation of the standard. 33) Normal Domestic Wastewater - Wastewater other than industrial wastewater discharged by a person into the sanitary sewers and containing an average twenty-four (24) hour composite concentration of not more than 250 mg/1 total suspended solids and not more than 250 mg/1 BOD. 34) Overload - Any increase in flow, BOD, suspended solids, or pollutants that would upset normal operations or cause the POTW to be non-compliant with its state or federal permits. 35) Person - Any individual, partnership, co-partnership, 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. 36) pH - The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. 37) Pollutant - Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and agricultural, municipal and industrial waste dis- charged into the water. 38) Polluted - Referring to the alteration of the chemical, physical, biological and/or radiological integrity of water induced or made by rnan. 39) Pretreatment or Treatment - The reduction of the amount of pollutants, the elimination of pollutants, the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or instead of the discharge of pollutants into a POTW. Such reduction or alteration can be obtained by physical, chemical or biological processes or other process change means, except as prohibited by 40 CFR Section 403. 6(d) . 40) Pretreatment Requirements - Any requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user. 6 41) Publicly Owned Treatment Works (POTW A treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) owned by the City, including any sewers that convey wastewater to the POTW treatment plant, but not including pipes, sewers or other conveyances not connected to a treatment facility. For ordinance 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. 42) POTW Treatment Plant (Facility) - That portion of the POTW designed to provide treatment to wastewater. 43) Public Sewer - Pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties have the use, subject to the requirements and limitations imposed by the City of Paris, Paris, Texas. 44) 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 of underground, natural or artificial, public or private, intermittant or perennial flowing, which are contained within, flow through, or border upon the state of Texas or any portion thereof. 45) Sanitary Sewer - A public sewer conveying domestic wastewater, industrial wastes, or both, into which storm water, surface water, groundwater, and other unpolluted wastes are not intentionally discharged. 46) Shall - is mandatory; May is permissive. 47) Significant Industrial User - Any industrial user of the City POTW who: a) discharges 25,000 gallons or more per day, or b) discharges a flow greater than 5 0 of the total daily flow in the city's wastewater treatment facility, or c) discharges iri his waste toxic pollutants as defined pursuant to Section 307 of the Act of state of Texas statutes and rules, or d) is found by the City, Texas Department of Water Resources or the Environmental Protection Agency to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system effluent quality, or air emissions generated by the system, or e) any user holding or requiring a wastewater contribution permit. 48) Slug - Any discharge of wastewater or industrial waste which in the concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) 7 minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation. 49) Standard Industrial Classification ( SIC ) - A classification pursuant to the 5tandard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. 50) Standard Nrethods - The examination and analytical procedures set forth in the fifteenth edition, of Standard Methods for the Examination of Water and Wastewater as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and the supplement to this document titled Selected Analytical Methods Previewed and Cited by the U. S. EPA. 51) Storm Sewer - A public sewer assigned to carry storm and surface waters and drainage, into which domestic wastewater and industrial wastes are not intentionally discharged. 52) Storm Water - Flow resulting from and occurring during or following natural precipitation. 53) Supervisor- See Environmental Services Supervisor. 54) Suspended Solids - The words "suspended solids" shall mean total suspended matter that either floats on the surface or is in suspension in water or wastewater and that is removable by laboratory filtering (as described in Standard Methods for the Examination of Water and Waste waters, current edition or Guidelines for Establishing Test Procedures for the Anal sis of Pollutants, contained in 40 CFR 3, as published in the Federal Register and referred to as nonfilterable residue) also called total suspended solids or TSS. 55) Toxic Pollutant - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provision of CWA Section 307 (a) or other acts. 56) Trap - A device designed to skim, settle or otherwise remove oil, grease, sand, flammable wastes or other harmful substances. 57) Unpolluted Wastewater - Water containing: a) no detectable free or emulsified grease or oil; b) no detectable acids or bases; c) no detectable phenols or other taste and odor producing substances; d) no detectable toxic or poisonous substances in solution, colloidal state or suspension; e) no detectable noxious or otherwise obnoxious or odorous gases; f) not more than an insignificant amount (5 mg/1) of suspended solids and BGD, as 8 determined by the Texas Department of Water Resources (TDWR); and g) no color exceeding fifty (50) units as measured by the Platinum-Cobalt method of determination as specified in Standard Methods. 58) Upset - An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the discharge requirements set forth in this ordinance due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. 59) User - Any person who contributes, causes or permits the discharge of wastewater into the City poTw. 60) User Surcharge - A charge made on those persons who discharge other than normal domestic wastewater into the POTW. 61) Waste - Substances rejected, unutilized or superfluous to domestic, agricultural or industrial activities in liquid, gaseous or solid form. 62) Wastewater - Liquid and water carried domestic or industrial waste from dwellings, commercial buildings, industrial facilities and institutions, together with any ground water, surface water and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. 63) Wastewater Facilities - All facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes. 64) Wastewater Contribution Permit - A permit to discharge wastewater as set forth herein. 65) Wastewater Treatment Plant - Facilities, devices and structures for receiving, treating and processing wastewater, industrial wastes, and sludges from the sewer system. 66) Waters of the State - Same as Receiving Waters. D. DEFINITION OF ADDITIONAL TERMS Words, terms or expressions peculiar to the art or science of sewerage 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. 9 SECTIOr1 31-38. DISCHARGE REGULATIONS A. PRIVATE COLLECTION SYSTEM RESTRICTIONS No person owning property within two hundred (200) feet of a public sewer shall construct, use or maintain or allow to be constructed, used or maintained, on or about such property, any privy, cesspool, water closet, urinal, slop sink, slop drain, bathtub, waste drain, or any other 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. B. CONNECTION TO SEWER5 REQUIRED Every building containing plumbing, any portion of which is within two hundred (200) feet of an available sewer, shall be connected with a public sewer within six months after the owner, leasee, or occupant thereof receives written notice from the Director of Community Development to do so. For the purposes of this provision, notice shall begin upon mailing of said notice by certified or registered mail directed to owner, leasee or occupant. Upon failure of said owner, leasee or occupant to connect said premises to a public sewer, the Director of Community Development shall have the right to make the connection of said premises to the public sewer and charge the cost thereof, including labor and materials necessarily used, as well as any other expenses connected therewith, against such owner, leasee or occupant, who shall be personally liable for the payment thereof. To secure payment of such costs, the City of Paris, Paris, Texas shall have a lien against the property on which the connection was made. C. WASTEWATER FROM CUSTOMERS OUTSIDE THE CITY LIMITS The POTW may elect to accept wastewater from sources outside the City of Paris, Paris, Texas. Acceptance of holding tank wastes such as, but not limited to, septage may be accepted at the discretion of the Supervisor after consideration of the POTW's ability to treat the waste properly and with the approval of the Supervisor of Public Works, City Engineer and Wastewater Supervisor. Unless otherwise directed the rate for acceptance will be twice the cost to treat. This shall in no way prohibit the City of Paris, Paris, Texas, from making individual contracts between the City of Paris, Paris, Texas, and an outside user. No outside user shall make any plumbing connection or pump or pipe wastewater to the POTW without the specific approval of the City Council of the City of Paris, Paris, Texas. D. GENERAL PROHIBITIONS No user shall contribute or cause to be contributed, directly or indirectly, into the POTW, storm drains, grourid surface or ground water any pollutaxit or wastewater which will interfere with the operation or performance of the publicly owned treatment works. Substances whose discharge may be prohibited by the Supervisor when they interfere with the operation or performance of the publicly owned threatment works include but are not limited to the following : 10 1) Any liquids, solids or gases which by reason of their nature or their quantity are, or may be, sufficient either alone or by interaction with other waste substances to cause fire or explosion or be injurious to the POTW or the operation of the POT4Y in any other way. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5 0) nor any single reading over ten percent (10$) of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the City, the state and/or the EPA has notified the user is a fire hazard or a hazard to the system or which the label states to be a flammable substance. 2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, fat or oil in excess of specific limitations set by this ordinance, garbage with particles sized larger than one-half inch (Z°) in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or any polishing wastes. NOTE: The Supervisor, City Engineer or their authorized representative is entitled to review and approve the installation and operation of any equipment to condition waste material or grind garbage with a motor or driving means of three-fourths horsepower (3/4 hp) or greater. 3) Any wastewater or other substance having a pH lower than five point five (5.5) or higher than nine point five (9.5) or any other corrosive property capable of causing damage or hazard to the structures, equipment, and/or personnel at the POTW. NOTE: Excursions outside the above established limits may be acceptable as follows : Maximum Excursion Duration .5 pH unit not to exceed 60 minutes 1.0 pH unit not to exceed 30 minutes 1.5 pH units not to exceed 10 minutes such excursions shall be at the discretion of the Supervisor; however, in no case shall five or more excursions of any type occur within a five day period or shall the excursions in any five day period represent more than one percent (1$) of the users wastewater for that period. 4) Any wastewater or other substance containing toxic pollutants in any sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a 11 toxic effect in the receiving waters of the publicly owned treatment works, or to exceed the limitations set up in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (c) of the Act or listed in Table l. 12 TABLE 1, TOXIC POLLUTANTS Acenaphthene Trichlorofluoromethane Acrolein Dichlorodifluoromethane Acrylonitrile Chlorodibromomethane Benezene Hexachlorobutadine Benzidine Hexachlorocyclopentadiene Carbon Tetrachloride Isophorone ( tetrachloromethane ) Napthalene Chlorobenezene Nitrobenzene 1, 2 , 3-Trichlorobenzene 2-Nitrophenol Hexachlorbenzene 4-Nitrophenol 1, 2-Dichloroethane 2 , 4-Dinitrophenol 1, 1, 1-Trichloroethane 4, 6-Dinitro-o-cresol Hexachloroethane N-Nitrosodimethylamine 1,1-Dichloroethane N-Nitrosodiphenylamine 1,1, 2-Trichloroethane N-Nitrosodi-n-propylamine 1,1, 2, 2-Tetrachloroethane Pentachlorophenol Chloroethane Phenol Bis(Chloromethyl) ether Bis(2-Ethylhexyl) Phthalate Bis(2-chloroethyl) ether Butyl Benzyl Phthalate 2-Chloroethyl Vinyl Ether (Mixes) Di-n-butyl Phthalate 2-Chloronapthalene Di-n-octyl Phthalate 2.4.6-Trichlorophenol Diethyl Phthalate Parachlorometa Cresol Dimethyl Phthalate Chlorform (Trichloromethane) Benzo(a) Anthracene 2-Chlorophenol (1, 2-Benzathracene) 1,2-Dichlorobenzene Benzo (a) Pyrene l, 3-Dichlorobenzene (3, 4-Benzopyrene) 1, 4-Dichlorobenzene 3 , 4-Benzofluoranthene 3,3-Dichlorobenzidine Benzo(k) Fluorathane 1,1-Dichloroethylene (11,12-Benzofluoranthene) 1, 2-Trans-Dichloroethylene Chrysene 2 , 4-Dichlorophenol Acenaphthylene 1, 2-Dichloropropane Anthracene 1, 2-Dichloropropylene (1, 3- Benzo ( ghi) Perylene (1,12- Dichloropropene ) Benzoperylene ) 2 , 4-Dimethylphenol Fluroene 2 , 4-Dinitrotoluene Phenathrene 2, 6-Dinitrotoluene Dibenzo ( a, h) Anthracene 1, 2-Diphenylhydrazine (1, 2, 5, 6,-Dibenzathracene ) Ethylbenzene Indeno (1,2,3-cd)Pyrene Fluoranthene (2, 3-1-phenylenepyrene) 4-Chlorophenyl Phenyl Ether Pyrene 4-Bromophenyl Phenyl Ether Tetrachloroethylene Bis (2-Chloroisopropyl) Ether Toluene Bis(2-Chloroethyoxy) Methane Trichloroethylene Methylene Chloride (Dichloromethane) Vinyl Chloride (Chloroethylene) Methyl Chloride (Chloromethane) Aldrin Methyl Bromide (Bromomethane) Dieldrin Eromoform ( Tribromomethane ) Chlordane (Technical Mixture Dichlorobromomethane and Metabolites) 4,4-DDT PCB-1260 (Arochlor 1260) 4,4-DDE (p,p'-DDX) PCB-1016 (Arochlor 1016) 4,4-DDD (p,p'-TDE) Toxaphene A-Endosulfan-Alpha Antimony (Total) B-Endosulfan-Beta Arsenic (Total) Endosulfari Sulfate Aslaestos (Fibrous) Endrin Beryllium (Total) Endrin Aldehyde Cadmium (Total) Heptachlor Chromium (Total) Heptachlor Epoxide Copper (Total) a-BHC-Alpha Cyanide (Total) b-BHC-Beta Lead (Total) r-BHC (lindane)-Gamma Mercury (Total) g-BHC-Delta Nickel (Total) PCB-1242 (Arochlor 1242) Selenium (Total) PCB-1254 (Arochlor 1254) Silver (Total) PCB-1221 (Arochlor 1221) Thallium (Total) PCB-1232 (Arochlor 1232) Zinc (Total) PCB-1248 (Arochlor 1248) 2,3,7,8-Tetrachlorodibenzo- p-dioxin (TCDD) 13 5) Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance or repair. 6) Any substance which may cause the effluent of the POTW or any other product of the POTW such as residues, sludges or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance dis- charged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the sludge management method being utilized. 7) Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards. 8) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. 9) Any unpolluted storm water, surface or ground water, roof runoff, subsurface drainage, unpolluted cooling water, unpolluted industrial pracess waters or other unpolluted drainage. In compliance with the Texas Water Quality Act and other statutes, the City Engineer may designate storm sewers and other water- courses into which unpolluted drainage may be discharged. 10) Any pollutant, including oxygen- or chlorine-demanding pollutants (BOD, COD etc. ) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. Iri. no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any period of time longer than fifteen (15) minutes more than five times the average twenty-four (24) hour concentration, quantities, or flow during normal operation. 11) Any wastewater liquid or vapor having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, causes interference to the collection system, causes the total wastewater treatment plant influent temperature to increase at a rate of ten (10) degrees Fahrenheit or more per hour, or a combined total increase of plant influent to one hundred ten (104) degrees Fahrenheit (40 degrees C). 12) Any wastewater or other substance containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits set or established by the City Manager and the Supervisor in compliance with applicable state or federal regulations. NUTE: No person may discharge such radioactive wastes into the POTW without the written approval of the City Manager and the Supervisor. 14 13) Any wastewater or other substance containing phenols, hydrogen sulfide or other taste-and-odor producing substances, shall conform to the concentration limits established by the Supervisor. After treatment of the composite wastewater, the concentration limits may not exceed requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. 14) Any wastewater or other substance which poses a hazard to human or animal life or creates a public nuisance, including but not limited to the following: Antimony Beryllium Bismuth Cobalt Uranylion Rhenium Strontium Tellurium Herbicides Fungicides Pesticides NOTE: When it has been determined that a user is contributing to the POTW any of the above enumerated substances or any other substance determined by the Supervisor to meet the requirements of this section in detectable amounts such as might interfere with the operation of the POTW, the Supervisor shall: a. Advise the user of the total impact of the contribution on the POTW; b. Develop the effluent limitations for such user to correct the interference with the POTW. c. Set up a compliance schedule for the user to follow in correcting the discharge. 15 E. SPECIFIC POLLUTANT LIMITATIONS No person shall discharge wastewater containing in excess of the following allowable concentrations of specific pollutants : Not to exceed (all values are in mg/1) Monthly Daily Grab Average Composite Sample Arsenic 0.1 0.2 0.3 Cadmium 0.05 0.1 0.2 Copper .05 1.0 2.0 Cyanide 0.1 0.5 1.0 Lead 0.5 1.0 1.5 Mercury 0.005 0.005 0.01 Nickel 1.0 2.0 3.0 Silver 0.05 0.1 0.2 Chromium (total) 0.5 1.0 5.0 Zinc 1.0 2.0 6.0 Chlorinated hydrocarbons Phenolic compounds incom- patible with the POTW (includes but is not limited to cresols and xylols) 0.05 0.05 0.01 Manganese 1.0 2.0 3.0 B arium 1.0 2.0 4.0 Selenium 0.05 0.1 0.2 Tin 0,5 0.5 1.00 Iron 10.0 20.0 30.00 Fluorides 1.2 1.5 2.00 Chlorides 200 200 250 Dissolved Solids 600 600 750 Molybdenum 2.0 4.0 5.0 Grease, fat, oil (animal ) ) ) or vegetable, free or )Maximum )Maximum )maximum emulsified) 100 )Total 100 ) Total 150 )'I'otal Oil, Wax, paraffin )100 ) 100 ) 150 (petroleum-based or ) ) ) mineral, free or ) ) ) emulsified) 10 ) 10 ) 20 ) NOTE: Sampling and measurments for compliance with limits set forth in this ordinance shall be at the user's control point. F. STATE AND FEDERAL LIMITATIONS ON DISCHARGES State and/or federal limitations and requirements on discharges, which apply to the PGTW or its users, shall apply in all cases where they are more stringent than those contained herein, and, where state and federal limitations differ, the lower limit shall apply. G. EXCESSIVE DISCHARGE No user shall ever increase the use of potable or process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment standards, or in any other pollutant-specific limitation developed by the City or the state, including BOD and TSS. NOTE: Dilution may, however, be acceptable as a means of controlling some of the prohibited discharge 16 levels use of which shall be subject to the specific approval of the Supervisor. H. ACCIDENTAL DISCHARGE Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this ordinance. The facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner 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. All existing users shall complete a plan by July 1, 1983. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Plans approved by or on file with State or Federal agencies will be considered sufficient to meet ordiriance requirements it reviewed by and on file with the City. 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 ordinance. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the accident, specifying the following: a) location of point of discharge; b) type of waste or pollutant discharged; c) concentration and volume of discharge; d) corrective action taken at point of discharge. In addition, within five (5) days following an accidental discharge, the user shall submit to the Supervisor a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. Furthermore, a notice shall be posted with other emergency phone numbers advising designated employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. Complete compliance with this section along with a documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the administration against the user for any non-compliance with this ordinance or any Wastewater Contribution Permit issued pursuant to this ordinance which arises out of violations alleged to have occurred during the period of the upset. 17 I. FEDERAL CATEGORICAL PRETREATMENT STANDARDS When promulgated, Federal Categorical Pretreatment Standards for a particular category, if more stringent than the limitations imposed by this ordinance for users in that category or subcategory, shall immediately supercede the limitations imposed under this chapter. The Supervisor shall notify all affected users of the applicable reporting requirements under 40 CFR, SEction 403.12. J. MODIFICATION OF FEDERAL CATEGORICAL PRETREATMENT STANDARDS 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 modification of the specific limit(s) in the federal pretreatment standards. "Consistent removal" shall be defined as reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or a harmless state in the effluent as defined by the Code of Federal Regulations (CFR). K. REQUIREMENTS FOR TRAPS Any user discharging oil, sand, flammable wastes, grease or wastes containing grease in amounts that will impede or stop the flow in public sewers shall at his own cost and expense and as required by the provisions herein provide interceptors or traps of a type and capacity approved by the City with the following features: 1) Impervious material construction capable of withstanding abrupt and extreme changes in temperature ; 2) Watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight; 3) Located as to be readily and easily accessible for cleaning and inspection; 4) Maintained by the owner or user at his own cost and expense; 5) In continuous and efficient operation at all times. Approval of traps and interceptors shall be obtained from 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 ordinance. 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. A permit shall be required for operation of traps and interceptors connected to the POTW when a wastewater contribution permit is not in effect for the user. A yearly permit fee shall be charged to cover periodic inspection. This fee shall appear on the regular monthly bill unless otherwise directed by the Finance Director. 18 SECTION 31-39. MONITORING PROVISIONS. A. INSPECTION AND SAMPLING AND RIGHT OF ENTRY The City may inspect the facilities of every user to ascertain whether the requirements of this ordinance are being met according to the purposes herein stated. Persons or premises occupants where wastewater is created or discharged shall allow the City or their authorized representative(s) ready access at any and all reasonable times to all parts of the premises necessary for the purpose of inspection, sampling, records examination or the performance of any of their official duties. The City of Paris, Paris, Texas, 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 op- erations. If a user has in force security measures requiring proper identification and clearance prior to entry into their premises, the user shall make any necessary arrangements with their security service (s) so that personnel from the City presenting suitable identification (or such personnel from state agencies or the EPA) will be allowed to enter, without delay, for the purposes of performing their specific responsibilities. In no case shall there be a delay of greater than ten (10) minutes for access to control points or control manholes and thirty (30) minutes for access to records or facility inspection. Sampling shall be done on a 24-hour composite flow-weighted basis for purposes of determination of surcharges when possible. When flow- recording or measuring devices are not used on wastewater lines, the best available data shall be used to compute the charges at the discretion of the Supervisor. No part of this ordinance shall be interpreted to prevent non-flow-weighted composite or grab sampling whenever necessary or required to monitor or check any user for compliance with this ordinance. B. SAMPLE ANALYSIS Wastewater and waste samples will be collected and tests performed by City personnel wherever feasible. The laboratory procedures to be used in the examination of industrial or other wastes or wastewater will be those set forth in "Standard Methods" as previously defined in this ordinance. However, alternate methods for certain analysis may be used when approved by the Supervisor. For pretreatment purposes, samples shall be taken at least twice yearly by the City of the user if so designated by the Supervisor. These two samples shall be paid for by the user. Samples for the purpose of checking compliance shall be paid for by the City if no violation is found and by the user if a violation occurred. User shall also pay for samples to check violations. User may use the two regular samples in the required comgliance reporting. The Supervisor may at his discretion : 1) have the user sample at his discharge and have analysis done at a mutually agreeable laboratory; 2) sample and send to a competent commercial or public laboratory for analysis. Any necessary quality assurance for pretreatment sampling and analysis shall be consistent with those of 40 CFR 136 -"Guidelines for Establishing Test Procedures for the Analysis of Pollutants", et_seq. 19 C. MONITORING FACILITIES The City shall require to be provided and operated at the user's own cost and expense monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drain systems. The monitoring facility should normally be located on the user's premises; however, when such location would be impractical or cause undue hardship on the user, the City may allow the construction of the facility in the public street or sidewalk area in a location that will not be obstructed by landscaping or parked vehicles. The above shall apply to both old and new users when monitoring facilities are necessary. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. There shall be ample room in or near such control manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling equipment and measuring devices shall be maintained at all times in a safe and proper operating condition at the expense of the user. Plans and specifications for constructions of monitoring facilities shall conform to City standards and shall be approved by the City Engineer. Rental or lease of suitable equipment on an as-needed basis in lieu of permanent installation may be acceptable subject to approval by the Supervisor; such approval shall not release the user from the requirement to provide sampling facilities secured and protected access to the control point(s). D. FLOW-MEASURING DEVICES Users contributing 25,000 gallons per day of normal domestic wastewater or its equivalent in BOD and/or suspended solids loading and any user having a wastewater contribution permit shall 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 25,000 gallons per day have the option of installing an approved flow measuring device. If no flow measuring device is installed surcharges will be based on 100$ of water usage. Any user desiring to have his regular wastewater charges based on less than the percentage return in effect at that time shall install at his own expense an approved flow measuring device or if the user is able to furnish records and amounts of water usage incorporated in final products not returned to the POTW verifiable by the City, he may have his regular wastewater charges based on a percentage return less than that in effect at the time subject to the approval of the City Manager. All flow meters and/or devices shall be installed so they may be easily cleaned, serviced, inspected, and calibrated. Users shall maintain such devices calibrated an in properly operating conditions at all times. The Supervisor may inspect these devices for compliance with this ordinance at his discretion. 20 E. PRETREATMENT Users shall provide necessary wastewater pretreatment as required to comply with this ordinance and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's cost and expense. Detailed plans showing the pretreatment facilities and their operating procedures shall be submitted to the City for review, and shall be approved by the City before construction of the facility. The review of such plans and operating procedure will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this ordinance. Any subsequent changes in the pretreatment facilities or operating procedures shall be reported to and acceptable to the City prior to the initiation of the changes. The City shall annually publish in a local Paris, Texas, newspaper a list of users which were in violation of any pretreatment requirements or standards for forty-five (45) days or longer on any one occasion during the previous twelve (12) months. The notification shall also summarize any enforcement action taken against the user(s) during the same twelve (12) months. All records relating to compliance with pretreatment standards shall be maintained for a period of at least three years and be made available to officials of the EPA, Texas Department of Water Resources, or other agency with proper jurisdiction upon written request. 21 SECTION 31-40. WASTEWATER CONTRIBUTION PERMIT SYSTEM A. REQUIREMENT FOR A PERMIT Any user shall have a wastewater contribution permit prior to discharging into the City sewer system if : 1) the discharge is subject to promulgated National Categorical Pretreatment Standards; or, 2) the discharge contains pollutants in concentrations or quantities that interfere or have the potential to interfere with the operation of the sewer system or increase the costs of operation of the system, as determined by the City Engineer; or, 3) the discharge requires pretreatment in order to comply with the discharge limitations in this ordinance; or, 4) the discharge is metered at or the water usage exceeds 15,000 gallons per day; or, 5) the user has on premises liquid or solid wastes which require a state or federal permit or license for disposal. B. PERMIT INFORMATION New significant industrial users shall file an application in the form prescribed by the City at least ninety (90) days prior to connecting to the POTW. Any other non-domestic user shall file an application when notified within 90 days of receipt of notice to do so. In support of the application, the user shall submit in units and terms appropriate for evaluation, the following information as required by the Supervisor: 1) Name, address, and location (if different from the address); 2) 5IC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; 3) Wastewater constituents and characteristics as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136, as amended; 4) Time and duration of contribution; 5) Average daily an d fifteen (15) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any; 6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevati.on; 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 x•estricted, limited or prohibited substances or toxic pollutants. 8) The nature and concentration of any pollutants in the discharge which are limited by any City, state or federal pretreatment standards, and a statement regardirig whether or not the pre- treatment standards are being met on a consistent basis. If standards are not being so met, whether additional operation and maintenance (O&M) and/or additional pretreatment is required 22 for the user to meet applicable pretreatment standards; 9) If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards; the schedule by which the user will provide additional optimum pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The schedule shall contain the following, if required by the Supervisor: a) The schedule shall contain the increments of progress in the form of dates for commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc. ) . b) No increment referred to in (a) shall exceed three (3) months. c) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Supervisor including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Supervisor. 10) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; 11) Type and amount of raw materials processed (average and maximum per day), which are known to contain or exhibit a potential to produce any limited, restricted or prohibited substance or toxic pollutant. 12) Any other information as may be deemed by the City to be necessary to evaluate the permit application. The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a wastewater contribution permit subject to the terms and conditions provided herein. C. PERMIT CONDITION S Wastewater contribution permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the City. Permits may contain the following: 23 1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer; 2) Limits on the average and maximum wastewater constituents and characteristics; 3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalizations; 4) Requirements for installation and maintenance of inspection and sampling facilities; 5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for testing and reporting schedules; 6) Compliance schedules; 7) Requirements for submission of technical reports or discharge reports (see Compliance Reporting ) ; 8) Requirements for maintaining and retaining 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 constituents being introduced into the wastewater treatment system; 10) Requirements for notification of slug discharges; 11) Other conditions as deemed appropriate by the City to ensure compliance with this ordinance. D. PERMITS DURATION Permits shall be issued for a specified time period, not to exceed the maximum allowable by the NPDES. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The terms and condi- tions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are modified or just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. E. PERMIT RENEWAL Industrial dischargers holding a Wastewater Contribution Permit shall apply for permit renewal one hundred, twenty (120) days before their permit expires. Any desired changes in permit limits, changes in plant piping or pretreatment facilities made since the issuance of last permit, or additional information required by the City should be a part of the application for permit renewal. F. 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. 24 G. PERMIT MODIFICATIONS Within nine (9) months of 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 Categorical Pretreatment Standard has not previously submitted an application for a wastewater contribution permit as previously described, the user shall apply for same within one hundred eighty (180) days after the promulgation of the applicable National Categorical Pretreatment Standard. Iri addition, the user with an existing wastewater contribution permit shall submit to the Supervisor within one hundred eighty (180) days after the promulgation of an applicable National Categorical Pretreat- ment Standard the information required by paragraphs (8) and (9) of the section describing required information for a wastewater contribution permit. H. REVOCATION OF PERMIT Any user who violates this ordinance, or applicable state and federal regulations or the conditions of the permit, is subject to having the permit revoked. SECTION 31-41. REPORTING REQUIREMENTS A. COMPLIANCE DATE REPORTING Within ninety (90) days following the date for firial compliance with applicable National pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Supervisor a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by those pretreatment standards and requirements. The report shall state the performance of the user in consistently meeting the applicable pretreatment standards and requirements and, if any, what additional pretreatment and/or operation and maintenance is necessary to bring the user into compli- ance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified by a qualified professional engineer. B. PERIODIC COMPLIANCE REPORTING Any user subject to a National pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencing discharge into the POTW, shall submit to the Supervisor during the months of June and December, unless required more frequently in the pretreatment standard or by the Supervisor, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. User may use the two required samples for this report. 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 (see previous section). The Supervisor may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases, where the imposition of mass limitations are appropriate. In such cases, the Periodic Compliance Report shall indicate the 25 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 production 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 descrection 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. C. CONFIDENTIAL INFGRMATION It shall be the policy of the City not to require or accept confidential information from industrial users unless necessary to meet state or federal requirements or to stop or prevent interference or damage to the POTW. Any information furnished to the City by an industrial user which the user considers confidential shall be clearly marked by the user as confidential. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential will not be transmitted to any governmental agency or to the general public by the City until and unless a ten (10) day notification is given to the user. SECTION 31-42. ENFORCEMENT PROVISIONS A. CONTRACT AGREEMENTS No provision contained herein shall be construed as preventing any agreement or arrangement between the City and any industrial user whereby industrial waste of unusual strength or character may be accepted by the City for treatment, subject to any applicable state and/or federal limitations and requirements and to payment 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. When discharges of waste of unusual strength or character are accepted by the City for treatment, the City may enter into an agreement or arrangement providing the following : 1) terms of acceptance by the City; 2) fees, charges and payments for the treatment of waste of unusual strength or character; 3) sewer connections, construction and procedures for discharge in accordance with all applicable requirements of the City code; 4) fees and charges for sampling, analysis and reporting results of testing of discharge; 26 5) provisions for renegotiation or re-evaluation of agreement elements. B. NOTIFICATION OF VIULATION Whenever the City finds that any user has violated or is violating this ordinance, wastewater contribution permit and/or any prohibition, limitation or requirements herein, the City may serve upon such person a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user. This thirty (30) day period does not relieve the user of any liability for damages, fees, and other costs incurred by the City due to the user's violation. C. HARMFUL CONTRIBUTIONS The Supervisor, with the recommendation of the City Engineer and with the consent of the City Manager, may order suspension of the water and/or wastewater treatment service and/or revoke wastewater contribution permit when such suspension or revocation is necessary, in the opinion of the Supervisor, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or the welfare of persons or the environment, cause interference to the POTW, or cause the City to violate any condition of its NPDES permit. 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 contribution. In the event of the failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate suspension of water and/or wastewater treatment service, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Supervisor may resend 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. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days of the date of the occurrence. D. SHOW CAUSE HEARING In the event of repeated unauthorized discharges , failure to meet a compliance schedule, or any repeated violations of this ordinance by a user, the Supervisor, with the recommendation of the City Engineer and the consent of the City Manager, 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 enforcement action should not be taken. The notice of the 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 27 made on any authorized representative of an industrial user. The City Council shall appoint a hearing examiner to perform the following functions: 1) issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the production of any evidence relevant to any matter involved in such hearings; 2) conduct the hearing; 3) deliver a transcript of the hearing and his recommendations to the City Council for action thereon. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service or water service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed and existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. E. FEES AND CHARGES DUE TO VIOLATIONS The City of Paris may recover all reasonable costs of repairing damages to the City sewer system, costs of resampling, costs of paying fines or penalties which result from a discharge not in compliance with this ordinance, and any other costs incurred by the City in controlling discharges in violation of this ordinance. 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. The 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 for termination of water and/or wastewater service. It shall be unlawful for anyone but an authorized City employee to reconnect service. Any reconnection fees in effect are applicable. F. SURCHARGES The City will accept BOD of up to 250 mg/1 and SS of up to 250 mg/1 as normal domestic wastewater. The City may elect to accept BOD5 and SS in excess of 250 mg/l. BODS and SS over the vaIue of 250 mg/1 shall be subject to an excessive strength operation and maintenance surcharge. These surcharges shall be calculated on a monthly basis using metered wastewater contribution as a volume factor, if provided by the user, or 100$ of water usage. The total fat, oil, and grease allowed by this ordinance is 100 mg/1, whether free or emulsified. When this parameter is determined on a composite sample, any amount over the allowable limit shall be added in mg/1 to the BOD5 and SS values used for purposes of surcharge calculation . 28 1) Unless otherwise specified, samples shall be twenty-four (24) hour composites. When a flow-recording device is provided the samples may be flow-weighted; otherwise, a simple composite sample shall be used. 2) 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 (24) hour composite samples per year if a surcharge is levied. 3) 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. The user may elect to have his discharge resampled by the City for purposes of surcharge recalculation. The City shall retake one sample for each sample taken in the normal sampling program for a charge equal to the City's expense. Sampling at the request of the user in greater frequency than stated above shall be elective on the part of the Supervisor; charges for such sampling shall be at a fla.t rate of three times the City's cost. The user may request, no later than the onset of sampling, a split or duplicate of any sample taken by the City for surcharge calculation or compliance with any portion of this ordinance. 29 CHARGE RATES FOR EXCESSIVE SURCHARGE BODS or TSS BODS Charge T'SS Charge mg/1/million gallons .7339 .5712 4) CALCULATION OF EXCESSIVE STRENGTH SURCHARGE SC_ [ (BODS mg/1 - 250 mg/1) SCRBOD 5 + (TSS mg/1 - 250 mg/1) SCRTSSI X MG SC = Surcharge BOD5 mg/1 = User BODS for surcharge calculation 250 mg/1 = allowable BGD5 and suspended solids concentration without surcharge SCRBOD 5 = graduated charge rate for BOD5 TSS mg/1 = User TSS for surcharge calculation N1G = User wastewater contribution in million gallons for the month or the user water usage whichever is applicable. SCRSS = Graduated charge rate for TSS NOTE: The SCRSS and SCRBOD5 are rates based on one (1) mg/1 in one (1) million gallons of wastewater. 5. SHORTENED CAPACITY LIFE SURCHARGE Since BOD and SS concentrations in excess of 250 mg/1 will tend to use up the capacity of the treatment plant, there is a cost incurred for the shortened useful capacity of the treatment plant, which shall be recovered as follows: A. I7etermination of monthly average BODc, of the treatment plant influent through twenty-four hour composite sampling and lab analysis reported in pounds per day. B. Using a predetermined strength for normal domestic wastewater from the City of Paris, Paris, Texas, industrial contribution will be determined by calculating the difference between the actual BOD and SS received and the amount that should have been received according to normal domestic strength. C. Each month, using the plant design capcity, the amount in excess of normal domestic wastewater will be determined as a percentage of plant capacity; percentage will be assumed to be the reduction in useful plant capacity life, to be converted to years using plant design criteria. 30 D. A difference in debt services due to treatment plant between designed useful capacity life and calculated useful capacity life for that month using the CRF Formula n will be determined. E. This recovery figure will be spread over those industries exceeding normal domestic wastewater limits according to their contributions to the total excessive strength flows. 6. CALCULATION OF SHORTENED CAPACITY LIFE SURCHARGE A= Average monthly monthly measured BODS at wastewater plant (lbs. per day) B= BOD5 in pounds at wastewater plant if received at predetermined normal domestic wastewater strength. C= Design life of wastewater plant (month). E= Adjusted capacity life (months) F= Construction cost for treatment plant. G= Amount in dollars to be distributed over excessive strength industry for any given month. H= Industry BOD5 contribution in excess of normal domestic wastewater (lbs). I= Shortened capacity life surcharge. E= B (C) A 11 G= F i(l+i) E -F i(l+i) c E-1 (l+i) c -1 I= (G) ~ x 1 A-B ~ Shortened capacity life surcharge shall be calculated monthly. 7. TOTAL SURCHARGES a. Total surcharge shall be the sum of the excessive strength surcharge plus the shortened capacity life surcharge. b. Excessive strength surcharge rates will be recalculated at the beginning of each fiscal year using the actual costs from the previous year with such rate becoming effective September 1. Excessive strength surcharge rates shall be based on cost to treat. G. LEGAL ACTION If any person discharges industrial or other wastes or sewage into the City's wastewater facilities contrary to the provisions of this ordinance, 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. 31 H. CIVIL PENALTIES Any user who is found to have violated an order of the City Council or who willfully or negligently failed to comply with any provision of this ordinance, the orders issued in accordance with authority granted in this Article and permits issued hereunder, may be enjoined from doing prohibited act and may be mandated to do required acts. In addition to the penalties provided hereiri, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, regulations, and permits issued hereunder. I. FALSIFYING INFORMATION Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these provisions, shall be subject to the laws of the State of Texas prohibiting the same. SECTION 31-43. MISCELLANEOUS PROVI5IONS A. PRIOR USER RIGHTS A user contributing wastewater and/or wastes to the POTW prior to the effective date of this enactment may continue to do so without penalty so long as he complies with the followings : 1) no increase in the quantity or decrease in the quality of the discharge will be allowed without written permission of the Supervisor; 2) prior to the effective date of the ordinance, the user must have contributed waste to the POTW for a minimum of eighteen (18) months; 3) a wastewater contribution permit is applied for and granted within one hundred fifty (150) days after the effective date of this ordinance. B. 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 up of five industrial users at least two of which shall be significant industrial users." Section 3. Any person violating any of the provisions of this ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200.00, 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. 32 Section 5. This ordinance shall become effective on the lst day of July, 1983. Passed and adopted this 13th day of June, 1983. City of Paris, Paris, Texas By: ae-v A4L'I~ Jo Gra am, Mayor Attest : ~/K - H. C. re e, ity er APPROVED AS FORM: T. K. Haynes, City Attorney 33