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.
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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
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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.
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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.
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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 :
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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.
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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;
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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
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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 .
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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.
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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.
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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
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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.
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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.
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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
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