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HomeMy WebLinkAbout021666 ORD - 06/01/19931 AN ORDINANCE AMENDING CHAPTER 55, UTILITIES; REPEALING ALL PROVISIONS OF ARTICLE XI, SECTIONS 55-140 TO 55- 147, COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL AND PRETREATMENT BY ADOPTION OF A NEW U.S. ENVIRONMENTAL PROTECTION AGENCY REVIEWED AND APPROVED COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL AND PRETREATMENT ORDINANCE, ARTICLE XI, SECTIONS 55-140 TO 55-149; EXCEPTING SECTION 55-146, ABNORMAL SEWAGE SURCHARGE, UNDER ORDINANCE NUMBER 20895; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi initiated a program for commercial and industrial waste disposal and pretreatment in 1984; and WHEREAS, new United States Environmental Protection Agency Regulations require changes in said program, the foundation of which is the City's Commercial and Industrial Waste Disposal and Pretreatment Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article XI Commercial and Industrial Waste Disposal and Pretreatment of Chapter 55 of the Code of Ordinances of the City of Corpus Christi is hereby repealed in its entirety, except for those provisions recited below in Section 2. Sections 55-140 to 55-149 shall be replaced as follows: 021666 2 ARTICLE XI. COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL AND PRETREATMENT Sec. 55-140 - GENERAL PROVISIONS (I) Purpose and Policy This ordinance sets forth uniform requirements for users of the wastewater collection system and Publicly Owned Treatment Works (POTW) of the City of Corpus Christi and enables the City to comply with all applicable State and Federal laws including the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this ordinance, in facilitating the City in its role as a federally mandated Control Authority, are: (A) To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW; (B) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW; (C) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations; (D) To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; (E) To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW; (F) To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW; and (G) To enable the City to comply with its NPDES permit conditions, sludge use and disposal requirements and any other Federal or State laws to which the POTW is subject. 3 This ordinance shall apply to all industrial users of the POTW. The ordinance authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires industrial user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (II) Administration Except as otherwise provided herein, the Superintendent shall administer, implement and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other City personnel. (III) Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. (A) Abnormal Wastewater. Any industrial waste having a suspended solids, biochemical oxygen demand or chemical oxygen demand content in excess of that found in normal wastewater but which is otherwise acceptable into the POTW under the terms of this article. (B) Abnormal Wastewater Surcharge. The charge, in addition to the usual monthly charge for sanitary sewer services, levied against any person for services rendered for collection and treatment of abnormal wastewater to defray the added cost of transporting and treating such abnormal wastewater. (C) 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. (D) Approval Authority. Regional Administrator of the U.S. Environmental Protection Agency, the Texas Water Commission upon delegation of federal authority, or the Texas Natural Resource Conservation Commission upon delegation of federal authority, or successor agency delegated such authority. (E) Authorized Representative of the Industrial User. (1) If the industrial user is a corporation, authorized representative shall mean: 4 (a) the president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation or (b) the manager of one or more manufacturing, production, or operation facilities; (2) If the industrial user is a partnership, or sole proprietorship, an authorized representative shall mean a general partner, managing partner, or proprietor, respectively; (3) If the industrial user is a Federal, State or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility. (4) The individuals described in Sec. 55-140 (III)(E)(1) through Sec. 55-140 (III)(E)(3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Wastewater Superintendent. (F) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees centigrade expressed in terms of mass and concentration [milligrams per liter (mg/1)]. (G) Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. (H) City. The City of Corpus Christi or the City Council of Corpus Christi. (I) Chemical Oxygen Demand. (COD). The measure of the oxygen consuming capacity of inorganic matter present in the water or wastewater expressed in mg/las the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. (J) r Color. The optical density at the visual wave length of maximum absorption, 5 relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density. (K) Composite Sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. (L) Control Authority. The City of Corpus Christi. (M) Corrosive Waste. Any character of waste, whether liquid, gaseous or solid, which can cause actual physical damage or destruction to any public storm drain or sanitary sewer or which prevents or materially retards treatment of sewage in the sewage treatment plant. (N) 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 Regional Water Management Division Director or other duly authorized official of said agency. (0) Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. Grab Sample. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream within a time frame not to exceed fifteen minutes. Indirect Discharge or Discharge. The introduction of nondomestic pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act. (R) Industrial User or User. A source of indirect discharge. (S) Instantaneous Maximum Allowable Discharge Limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (T) Interference. A discharge which alone or in conjunction with a discharge or discharges from other sources: (1) inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and 6 (2) therefore is a cause of: (a) a violation of the City's NPDES permit or State permit, (b) a violation of any other Federal, State, or local regulation of water quality standards, or (c) the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): (1) Section 405 of the Clean Water Act; (ii) the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); (iii) any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; (iv) the Clean Air Act; (v) the Toxic Substances Control Act; or (vi) the Marine Protection, Research and Sanctuaries Act. (U) Medical Waste. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. (V) New Source. (1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of (W) 7 pollutants at an existing source; or (c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Sec. 55-140 (III) (V) (1) (b) or Sec. 55-140 (III) (V) (1) (c) directly above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin as part of a continuous on site construction program (i) Any placement, assembly, or installation of facilities or equipment, or (ii) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment, or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact Cooling Water. Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product. (X) Normal Sewage. Sewage, which when analyzed, shows by weight, a daily average of not more than two thousand eighty-five (2,085) pounds per million (Y) 8 gallons (250 mg/1)of suspended solids and not more than two thousand eighty- five (2,085) pounds per million gallons (250 mg/1) of biochemical oxygen demand, and which is otherwise acceptable into a sanitary sewer under the terms of this article. Normal Wastewater. Sewage, which when analyzed, shows by weight, a daily average of not more than two thousand eighty-five (2,085) pounds per million gallons (250 mg/1)of suspended solids and not more than two thousand eighty- five (2,085) pounds per million gallons (250 mg/1) of biochemical oxygen demand and not more than four thousand six hundred eighty-seven (4,687) pounds per million gallons (562 mg/1)of chemical oxygen demand, and which is otherwise acceptable into a sanitary sewer under the terms of this article. (Z) Pass Through. A discharge which exits the POTW into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation), or violation of any other Federal, State or local water quality regulation. (AA) 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. This definition includes all Federal, State or local governmental entities. (BB) pH. A measure of the acidity or alkalinity of a substance, expressed in standard units. (CC) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater [i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor], and any other harmful or objectionable material. (DD) Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. (EE) Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard. T 9 (FF) Pretreatment Standards or Standards. Pretreatment standards shall mean prohibitive discharge standards, categorical pretreatment standards, and local limits (GG) Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Sec. 55-141 (I) of this ordinance. (HH) Publicly Owned Treatment Works or POTW. A "treatment works" as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the State or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works. (II) Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (JJ) Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.). (KK) Significant Industrial User. Shall apply to: a) industrial users subject to categorical pretreatment standards; and b) any other industrial user that i) discharges an average of 25,000 gpd or more of process wastewater, ii) contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment plant or, iii) is designated as significant by the City on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (LL) Slug Load. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Sec. 55-141 (I) of this ordinance or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge. (MM) Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget. (NN) Storm Sewer or Storm Water System. A public conveyance, impoundment, pumping or treatment facility which handles storm water and surface water drainage. Wastewater, as defined below, shall not be introduced into any storm sewer or storm water system. 10 (00) Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt. (PP) Superintendent or Wastewater Superintendent. The person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this ordinance or his duly authorized representative. (QQ) Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. (RR) Toxic Pollutant. One of the pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of Section 307 (33 U.S.C. 1317) of the Act, and as such list may be amended, modified, or enlarged. (SS) Treatment Plant Effluent. Any discharge of pollutants from the POTW into waters of the State or other locations as detailed in Federal or State permits. (Tr) Wastewater. Liquid and water -carried industrial wastes, and sewage (human excretment and graywater) from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. (UU) Wastewater Treatment Plant or Treatment Plant. That portion of the POTW designed to provide treatment of sewage and industrial waste. "Shall" is mandatory; "may" is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. (IV) Abbreviations The following abbreviations shall have the designated meanings: BOD - Biochemical Oxygen Demand COD - Chemical Oxygen Demand CFR - Code of Federal Regulations EPA - U.S. Environmental Protection Agency gpd - Gallons Per Day 11 1 Liter mg - Milligrams mg/1 - Milligrams per liter NPDES - National Pollutant Discharge Elimination System O&M - Operation and Maintenance POTW - Publicly Owned Treatment Works RCRA - Resource Conservation and Recovery Act SIC - Standard Industrial Classifications SWDA - Solid Waste Disposal Act (42 U.S.C. 6901, et seq.) TSS - Total Suspended Solids TWC Texas Water Commission USC - United States Code Sec. 55-141 - GENERAL SEWER USE REQUIREMENTS (I) Prohibited Discharge Standards No industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all industrial users of the POTW whether or not they are subject to categorical pretreatment standards or any other Federal, State or local pretreatment standards or requirement. Furthermore, no industrial user may contribute the following substances to the POTW: (A) Pollutants which create a fire or explosive hazard in the municipal wastewater collection system and POTW, including, but not limited to, wastestreams with a closed -cup flashpoint of less than 140. F (60. C) using the test methods specified in 40 CFR 261.21. (B) Any wastewater having a pH less than 5.0 or more than 10.0, or otherwise 12 causing corrosive structural damage to the POTW or equipment, or endangering City personnel. (C) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than 1/2 inch [one-half inch] or 1.27 centimeters [1.27 cm] in any dimension. (D) Any wastewater containing pollutants, including oxygen demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the POTW, or any wastewater treatment or sludge process, or which will constitute a hazard to humans or animals. (E) Any wastewater having a temperature greater than 150. F (65. C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104. F (40. C). (F) Petroleum oil or nonbiodegradable cutting oil. (G) Products of mineral oil origin in amounts that will cause interference or pass through. (H) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems. (I) Any trucked or hauled pollutants, except at discharge points designated by the City in accordance with Sec. 55-142 (V) of this article and Article XIII, Sec. 55-160, et. seq., of this code. (J) Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life, or to prevent entry into the sewers for maintenance and repair. (K) Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating the City's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life. (L) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Superintendent in compliance with applicable Federal, State or local regulations. (M) 13 Storm water, surface water, ground water, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted industrial wastewater, unless specifically authorized by the Superintendent. (N) Any sludges, screenings, or other residues from the pretreatment of industrial wastes. (0) Any medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit. (P) Any wastewater causing the treatment plant's effluent to fail a toxicity test. (Q) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW. (R) Any discharge of fats, oils, or greases of animal or vegetable origin is limited to 200 mg/1. (S) Any wastewater which has a reasonable potential for adversely affecting the POTW's operation as determined by the Superintendent. Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the POTW. Floor drains shall be so located and protected as to prevent intrusion of storm water. (II) Federal Categorical Pretreatment Standards The national categorical pretreatment standards found in the Code of Federal Regulations at 40 CFR Chapter I, Subchapter N, Parts 405-471, and as they shall be amended and enlarged, are hereby incorporated. (III) Federal. State. and Local Requirements Where Federal or State pretreatment requirements are more stringent than those set forth in this ordinance, the more stringent requirements shall apply to users, and such Federal and/or State standards are hereby fully incorporated verbatim into this ordinance, 14 for all purposes. (IV) Specific Local Pollutant Limitations The following pollutants limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following maximum allowable discharge limits. 0.634 mg/1 arsenic 0.018 mg/1 cadmium 6.452 mg/1 chromium, total 0.235 mg/1 chromium, hexavalent 0.350 mg/1 copper 0.364 mg/1 cyanide 0.511 mg/1 lead 0.053 mg/1 mercury 1.466 mg/1 nickel 0.072 mg/I silver 1.476 mg/I zinc Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. At his discretion, the Superintendent may impose mass limitations in addition to or in place of the concentration based limitations above. (V) City's Right of Revision The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Sec. 55-140 (I) of this ordinance or the 15 general and specific prohibitions in Sec. 55-141 (I) of this ordinance. (VI) Dilution No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (VII) Protection of Storm Sewer -Storm Water System (A) No person shall discharge any wastewater to any natural outlet within the City of Corpus Christi, Texas, or in any area under the jurisdiction of the City. (B) Unless authorized by the Texas Water Commission, the Texas Natural Resources Conservation Commission, or successor agency to the TWC, no person may deposit or discharge any waste included in Sec. 55-141 (I) on public or private property, into or adjacent to any natural outlet, water course, storm sewer or other area within the jurisdiction of the city. Sec. 55-142 - PRETREATMENT OF WASTEWATER (I) Pretreatment Facilities Industrial users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Sec. 55-141 (I) above within the time limitations specified by the EPA, the State, or the Superintendent -- whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review and shall be acceptable to the City before construction of the facility. The review of such 16 plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City under the provisions of this ordinance. (II) Additional Pretreatment Measures (A) Whenever deemed necessary, the Superintendent may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/orconsolidate points of discharge, separate sewage wastestreams from industrial wastestreams and such other conditions as may be necessary to protect the POTW and determine the industrial user's compliance with the requirements of this ordinance (B) The Superintendent, in his discretion, may require each person discharging into the POTW greater than 25,000 gallons per day or greater than five (5)% of the average daily flow in the POTW, to install and maintain, on his property and at his expense, a suitable storage and flow control facility to insure equalization of flow, the design and regulation of which shall be directed by the Superintendent. A wastewater discharge permit may be issued solely for flow equalization. (C) Grease, oil and sand interceptors shall be provided in comportment with Article VI, Sec. 13-201, et. seq., of this code, as such provision stands and may hereafter be modified or amended. (D) Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (III) Accidental Discharge/SlugControl Plans The Superintendent may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the Superintendent shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge/slug control plan shall submit a plan which addresses, at a minimum, the following: (A) Description of discharge practices, including nonroutine batch discharges. (B) Description of stored chemicals. 17 (C) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Sec. 55-141 (I) of this ordinance. (1) Telephone Notices. At minimum, such plan shall require the user to immediately telephone and notify the POTW of an accidental or slug discharge. Such verbal notice shall include location of discharge, type of waste concentration and volume, and corrective actions. (2) Written Report. Within five (5) days following an accidental discharge, the user shall submit to the City a detailed written report describing the nature and 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 expenses, 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, penalties, or other liability which may be imposed by this article or other applicable law. (3) Notice to Employees. As part of the accidental discharge protection plan, a notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures. (D) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/ormeasures and equipment for emergency response. (IV) Tenant Responsibility Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this ordinance. (V) Hauled Wastewater Septic tank waste may be accepted into the POTW at a designated receiving structure 18 within the treatment plant area at such times as are established by the Superintendent, provided such waste disposal is made in compliance with Article XIII, Sec. 55-160, et. seq., of this code, and does not violate any provision of Sec. 55-141 of this ordinance or any other requirements of the City. (VI) Vandalism No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in Sec. 55-146, below. Sec. 55-143 - WASTEWATER DISCHARGE PERMIT ELIGIBILITY AND ISSUANCE PROCESS (I) Wastewater Survey When requested by the Superintendent all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the ordinance. (II) Wastewater Discharge Permit Requirement (A) It shall be unlawful for any significant industrial user to discharge wastewater into the City's POTW without first obtaining a wastewater discharge permit from the Superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sec. 55- 146. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State and local law. 19 (B) The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance. (III) Wastewater Discharge Permitting - Existing Connections Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the City for a wastewater discharge permit in accordance with Sec. 55-143 (V) below, and shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Superintendent. (IV) Wastewater Discharge Permitting - New Connections Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin. (V) Wastewater Discharge Permit Application Contents In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required by Sec. 55-144 (I) (B) of this ordinance. The Superintendent shall approve a form to be used as a permit application. In addition, the following information may be requested: (A) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW. 20 (B) Number and type of employees, hours of operation, and proposed or actual hours of operation of the pretreatment facility. (C) Each product produced by type, amount, process or processes, and rate of production. (D) Type and amount of raw materials processed (average and maximum per day). (E) The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge. (F) Time and duration of the discharge. (G) Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision. (VI) Application Signatories and Certification All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations? (VII) Wastewater Discharge Permit Decisions The Superintendent will evaluate the data furnished by the industrial user and may require additional information. Within ninety (90) days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the 21 application will be deemed denied, unless the Superintendent notifies the applicant that the time frame for decision has been extended due to need for additional evaluation time. The Superintendent may deny any application for a wastewater discharge permit. (VIII) Wastewater Discharge Permit Duration Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire. (IX) Wastewater Discharge Permit Contents Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW. (A) Wastewater discharge permits must contain the following conditions: (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed 5 years. (2) A statement that the wastewater discharge permit is non- transferable without prior notification to and approval from the City, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. (3) Effluent limits applicable to the user based on applicable standards in Federal, State, and local law. (4) Self monitoring, sampling, reporting, notification, and record keeping requirements, all expenses for such requirements to be paid by permittee. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law. (5) 22 Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. (6) Permittee agrees to indemnify and pay the City for the following costs incurred by the City, in the event of a user's permit violation: (a) Attorney's fees; (b) Costs for any and all laboratory and investigation expenses; (7) (c) Penalties and fines incurred by the City to the Federal and State governments arising from violation of any of the City's discharge permits as a result of permittee's violation(s). Requirement permittee immediately notify the POTW in the event of a failure of pretreatment facility or pretreatment equipment. (B) Wastewater discharge permits may contain, but need not be limited to, the following: (1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization. (2) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. (3) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works. (4) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. (5) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW. (6) The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW. (7) Requirements for installation and maintenance of inspection and sampling facilities and equipment. (8) (9) 23 A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit. Other conditions as deemed appropriate by the Superintendent to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations. (X) Wastewater Discharge Permit Appeals Any person, including the industrial user, may petition the City Manager to reconsider the terms of a wastewater discharge permit within fifteen (15) days of its issuance. (A) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. (B) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. (C) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. (D) If the City Manager fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final action for purposes of council review. (E) Aggrieved parties may appeal to the City Council, which appeal shall be perfected by filing a sworn Notice of Appeal with the City Secretary within fifteen (15) days from the City Manager's final decision or deemed denial. (XI) Wastewater Discharge Permit Modification The Superintendent may modify the wastewater discharge permit for good cause including, but not limited to, the following: (A) To incorporate any new or revised Federal, State, or local pretreatment standards or requirements. 24 (B) To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance. (C) A change in the POTW or in treatment demands of the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge. (D) Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters. (E) Violation of any terms or conditions of the wastewater discharge permit, or violation of City ordinance pertaining to waste treatment. (F) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting. (G) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13. (H) To correct typographical or other errors in the wastewater discharge permit. (I) To reflect a transfer of the facility ownership and/or operation to a new owner/operator. (J) User's discharge has caused the POTW to violate Federal or State permit requirements. The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. (XII) Wastewater Discharge Permit Transfer Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which: (A) States that the new owner and/oroperator has no immediate intent to change the facility's operations and processes. 25 (B) Identifies the specific date on which the transfer is to occur. (C) Acknowledges full responsibility for complying with the existing wastewater discharge permit and assuming the liabilities thereof, including joint and several responsibility with the former permittee for pending or unresolved notices of permit and ordinance violations. Unresolved allegations of permit and ordinance violations and/or unpaid indemnity obligations, fines, or penalties owed by the permittee shall be grounds for the Superintendent's denial of permit transfer. The Superintendent, in his discretion, may deny transfer of a permit when such grounds are present. Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer. (XIII) Wastewater Discharge Permit Revocation Wastewater discharge permits may be revoked for the following reasons: (A) Failure to notify the City of significant changes to the wastewater prior to the changed discharge. (B) Failure to provide prior notification to the City of changed condition pursuant to Sec. 55-144 (V). (C) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application. (D) Falsifying self-monitoring reports, or withholding of information material to such reports. (E) Tampering with monitoring equipment. (F) Refusing to allow the City timely access to the facility premises and records. (G) Failure to meet effluent limitations. (H) Failure to pay fines, penalties, or indemnification obligations. (I) Failure to pay sewer charges. (J) Failure to meet compliance schedules. t- 26 (K) Failure to complete a wastewater survey or the wastewater discharge permit application. (L) Failure to provide advance notice of the transfer of a permitted facility. (M) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the ordinance. (N) Failure to notify the POTW of a failure in pretreatment facility or equipment. Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit. (XIV) Wastewater Discharge Permit Reissuance A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with Sec. 55-143 (V) a minimum of sixty (60) days prior to the expiration of the industrial user's existing wastewater discharge permit. SEC. 55-144 - REPORTING REQUIREMENTS (I) Baseline Monitoring Reports (A) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the City a report which contains the information listed in Sec. 55- 144 (I) (B), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a report which contains the information listed in Sec. 55- 144 (I) (B), below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. 27 (B) The industrial user shall submit the information required by this section including: (1) Identifying Information. The name and address of the facility including the name of the operator and owners. (2) Wastewater Discharge Permits. A list of any environmental control wastewater discharge permits held by or for the facility. (3) Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. (4) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e). (5) Measurement of Pollutants. (a) Identify the categorical pretreatment standards applicable to each regulated process. (b) Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the City) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Sec. 55-144 (X). (c) Sampling must be performed in accordance with procedures set out in Sec. 55-144 (XI). (6) Certification. A statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (7) Compliance Schedule. If additional pretreatment and/orO&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment 28 and/orO&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Sec. 55-144 (II) of this ordinance. (8) All baseline monitoring reports must be signed and certified in accordance with Sec. 55-143 (VI). (II) Compliance Schedule Progress Report The following conditions shall apply to the schedule required by Sec. 55-144 (I) (B) (7). The schedule shall contain progress increments in the form of dates for the 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 (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). The time frame for progress increments shall not exceed nine (9) months between increments. Preapproval of the Superintendent must be secured for the increment performance schedule. The industrial user shall thereafter submit a progress report to the Superintendent no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress as preapproval by the Superintendent, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Superintendent. (III) Report on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such 29 pretreatment standards and requirements shall submit to the City a report containing the information described in Sec. 55-144 (I) (B) (4) through Sec. 55-144 (I) (B) (6). For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Sec. 55-143 (VI). (IV) Periodic Compliance Reports for All Significant Users (A) Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Sec. 55-143 (VI). (B) All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge. (C) If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in Sec. 55-144 (XI) of this ordinance, the results of this monitoring shall be included in the report. (V) Report of Changed Conditions Each industrial user is required to notify the Superintendent of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days before the change. 30 (A) The Superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Sec. 55-143 (V). (B) The Superintendent may issue a wastewater discharge permit under Sec. 55- 143 (VII) or modify an existing wastewater discharge permit under Sec. 55-143 (XI). (C) No industrial user shall implement the planned changed condition(s) until and unless the Superintendent has responded to the industrial user's notice. (D) For purposes of this requirement, flow increases of ten percent (10%) or greater and the discharge of any previously unreported pollutants shall be deemed significant. (VI) Reports of Potential Problems (A) In the case of any discharge including, but not limited to, accidental discharges, discharges of a non -routine, episodic nature, a non -customary batch discharge, or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in Sec. 55- 141 (I) of this ordinance), it is the responsibility of the industrial user to immediately telephone and notify the City of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user. (B) Within five (5) days following such discharge, the industrial user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this ordinance. (C) Failure to notify the City of potential problem discharges shall be deemed a separate violation of this ordinance, and shall be cause for revocation of the user's wastewater discharge permit should such discharge result in damage to or interference with the POTW. (D) A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Sec. 55-144 (VI) (A), above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure. 31 (VII) Reports from Nonsignificant Industrial Users All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the City as the Superintendent may require. (VIII) Notice of Violation/Repeat Sampling and Reporting If sampling performed by an industrial user indicates a violation, the industrial user must notify the Control Authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's facility at least once a month, or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling. (IX) Notification of the Discharge of Hazardous Waste (A) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Sec. 55-144 (V), above. The notification requirement in this section t 32 does not apply to pollutants already reported under the self-monitoring requirements of Sec. 55-144 (I), Sec. 55-144 (III) and Sec. 55-144 (IV), above. (B) Dischargers are exempt from the requirements of Sec. 55-144 (IX) (A) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazard wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33 (e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. (C) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations. (D) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (X) Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. (XI) Sample Collection (A) Except as indicated in Sec. 55-144 (XI) (B), below, the industrial user must collect wastewater samples using flow proportional composite collection techniques at the specified or permitted discharge point. In the event flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative 33 sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. (B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals must be obtained using grab collection techniques. (XII) Determination of Noncompliance The Superintendent may use a grab sample(s) to determine noncompliance with pretreatment standards. (XIII) Timing Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern. (XIV) Record Keening Industrial users shall retain, and make available for inspection and copying, all records and information required by this ordinance for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this ordinance, or where the industrial user has been specifically notified of a longer retention period by the Superintendent. Sec. 55-145 - COMPLIANCE MONITORING (I) Inspection and Sampling The City shall have the right to enter the facilities of any industrial user during hours of plant operation or during times in which discharge is made to the POTW's collection system to ascertain whether the purpose of this ordinance, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Minimally, the City shall inspect on an annual basis the premises of each Significant 34 Industrial User and shall take at least one sample from each Significant Industrial User each year. Industrial users shall allow the Superintendent or his representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (A) Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City, State, and Federal agencies will be permitted to enter without delay, for the purposes of performing their specific responsibilities. (B) The City, State, and Federal agencies shall have the right to set up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. (C) The City may require the industrial user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated (at the user's expense) as deemed necessary by the Superintendent to ensure their accuracy. (D) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be born by the industrial user. (E) Unreasonable delays in allowing City personnel access to the industrial user's premises shall be a violation of this ordinance (F) Hours of operation of the plant and times during which the plant is making discharge to the POTW's collection system shall be deemed reasonable hours for entry of City inspectors for the purposes of this section. (II) Search Warrants Pursuant to Article 18.05, Texas Code of Criminal Procedure, if the Superintendent has been refused access to a building, structure or property or any part thereof, and if the Superintendent has demonstrated (1) probable cause to believe that there may be a violation 35 of this ordinance and (2) that there is a need to inspect as part of a routine inspection program of the City designed to verify compliance with this ordinance, or any permit or order issued under this ordinance, to protect the overall public health safety and welfare of the community, then upon application by the City Attorney, through the Code Enforcement Official, the Municipal Court Judge of the City shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniformed police officer of the City. Hours during the user's plant operation or during user's discharge to the POTW's collection system shall be presumed reasonable hours of access. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. (III) Confidential Information Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from City inspection and sampling activities, shall be available to the public without restriction --unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in 36 enforcement proceedings involving the person furnishing the report. Any request for confidentiality must be clearly asserted in writing at the time the report is submitted. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (IV) Publication of Industrial Users in Significant Noncompliance The City shall publish annually, in compliance with EPA regulations and Federal and State permits, in the largest daily newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous 12 months or other periods as specified by Federal and State law, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: (A) Chronic violations of wastewater discharge limits defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a 6 -month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (B) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a 6 -month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria [1.4 for BOD, TSS, COD, fats, oils and grease, and 1.2 for all other pollutants except pH]; (C) Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City personnel or the general public); (D) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such a discharge; (E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; 37 (F) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, 90 day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; (G) Failure to accurately report noncompliance; (H) Failure to provide a plan for correction and prevention within 30 days after notice of and direction for submission to the City of a remedial action plan, as described in Sec. 55-146 (I). (I) Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program. Sec. 55-146 - ENFORCEMENT (I) Notification of Violation - Administrative Remedies Whenever the Superintendent finds that any user has violated or is violating this ordinance, a wastewater discharge permit or directive issued hereunder, or any other pretreatment requirement, the Superintendent or his agent may serve upon said user a written Notice of Violation and Direction for Remedial Action Plan. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. The Superintendent may prescribe in the Notice of Violation and Direction for Remedial Action Plan, the minimal compliance actions and responses required of the violator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation and Directive for Remedial Action Plan. Nothing in this section shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation and Directive for Remedial Action Plan. (II) Meeting Prior to Enforcement Action - Superintendent's Discretion The Superintendent, at his discretion, may direct any user which causes or contributes 38 to violation(s) of this ordinance, wastewater discharge permits, or directives issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent to show why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the meeting. Such notice may be served on any authorized representative of the user. Whether or not the user appears as directed, immediate enforcement action may be pursued following the hearing date. Such meeting shall not be a required prerequisite for taking any other action against the user. (III) Discontinuances of Sewer and Water Service When the Superintendent finds that a user has violated or continues to violate the ordinance, wastewater discharge permit or fails to timely respond to a directive for a remedial action plan issued hereunder, or any other pretreatment standard or requirement, he may issue a directive to the user responsible for the discharge directing that the user come into compliance within twenty-four (24) hours. If the user does not come into compliance within twenty-four (24) hours, sewer service and water service may be discontinued at the Superintendent's discretion. Compliance directives may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance directive may not extend the deadline for compliance established for a Federal or State pretreatment standard or requirement, nor does a compliance directive release the user of liability for any violation, including any continuing violation. Issuance of r 39 a compliance directive shall not be a required prerequisite to taking any other action against the user. (IV) Emergency Suspensions The Superintendent may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment. (A) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer and water connections to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings set forth in Sec. 55-146 (V) are initiated against the user. (B) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent, prior to the date of any pre- enforcement meeting or termination meeting under Sec. 55-146 (II) or Sec. 55-146 (V) respectively. Nothing in this section shall be interpreted as requiring a meeting or hearing prior to any emergency suspension under this section. (V) Termination of Discharge In addition to those provisions in Sec. 55-143 (XIII) of this ordinance, any user that violates the following conditions of this ordinance, wastewater discharge permits, or 40 directives issued hereunder, is subject to discharge termination. (A) Violation of wastewater discharge permit conditions. (B) Failure to accurately report the wastewater constituents and characteristics of its discharge. (C) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge. (D) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling. Reasonable access is access requested by the City anytime during operation of the facility or at anytime that discharge is taking place. (E) Violation of the pretreatment standards in Sec. 55-141 of this ordinance Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show under Sec. 55-146 (II) of this ordinance why the proposed action should not be taken, subject to the Superintendent's authority to immediately suspend discharge under Sec. 55-146 (IV). (VI) Injunctive Relief - Judicial Remedies Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this ordinance, wastewater discharge permits or directives issued hereunder, or any other pretreatment requirement, the Superintendent, through the City's attorney, may petition the State Court authorized under the Texas Local Government Code, Section 54.012, as amended or succeeded by other statute, for the issuance of a temporary restraining order, temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, directives, or other requirement imposed by this ordinance on activities of the user. Such other action as appropriate for legal and/or equitable relief may also be sought by the City. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user. 41 (VII) Civil Penalties (A) Any user which has violated or continues to violate this ordinance, any directive or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty allowed under State law, but not less than $1,000 (one thousand dollars) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. (B) The City may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City, including but not limited to recovery of fines and penalties incurred by the City resulting from user violations prompting POTW permit violations. (C) To aid the Court in determining the amount of civil liability, the Superintendent may request the Court take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (D) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user. (VIII) Criminal Prosecution (A) Any user that willfully or negligently violates any provision of this ordinance, any directives or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2,000 (two thousand dollars) nor less than $1,000 (one thousand dollars) per violation per day. (B) Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a fine of at least $2,000 (two thousand dollars). This penalty shall be in addition to any other cause of action for personal injury or property damage available under State Law. (C) Any user that knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders T 42 inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than $2,000 (two thousand dollars) nor less than $1,000 (one thousand dollars) per violation per day. (D) In the event of a second conviction, a user shall be punished by a fine of not less than $2,000 (two thousand dollars) per violation per day. (IX) Remedies Nonexclusive The provisions in Sec. 55-145 (IV) through Sec. 55-146 (XI) are not exclusive remedies. The City reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City reserves the right to take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. (X) Performance Bonds - Supplemental Enforcement Action The Superintendent may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this ordinance, any directives, or a previous wastewater discharge permit issued hereunder, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance. Such bond must be made by a company licensed to do insurance business in the State of Texas and possess at least an "A-" rating in the current A.M. Best Company listings. (XI) Liability Insurance The Superintendent may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this ordinance, any directive, or a previous wastewater discharge permit issued hereunder, unless the user first submits proof that it has 43 obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. Sec. 55-147 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS OF FEDERAL CATEGORICAL PRETREATMENT STANDARDS AND LOCAL LIMITS (I) Upset (A) For the purposes of this section, "upset" means an exceptional incident, due to factors beyond the reasonable control of the user, in which there is unintentional and temporary noncompliance with categorical pretreatment standards, which by operation of law include local limits. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (B) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of Sec. 55-147 (I) (C) are met. (C) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the industrial user can identify the cause(s) of the upset. (2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures. (3) The industrial user has submitted the following information to the POTW and treatment plant operator within 24 hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five (5) days]: (a) A description of the indirect discharge and cause of noncompliance. (b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue. (c) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance. 44 (D) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. (E) Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards. (F) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. (II) Affirmative Defenses to Other General and Specific Prohibitions An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Sec. 55-141 (I) of this ordinance if it can prove that it did not know or have reason to know that its discharge, along or in conjunction with discharges from other sources, would cause pass through or interference and that either: (A) A local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to, and during, the pass through or interference, or (B) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (III) Bypass (A) Definitions (1) "Bypass" means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the presence 1 1` 45 of a bypass. Severe property damage does not mean economic loss caused by delays in production. (B) An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Sec. 55-147 (III) (C) and Sec. 55-147 (III) (D). (C) (1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten days before the date of the bypass if possible. (2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Superintendent may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. (D) (1) Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless; (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The industrial user submitted notices as required under Sec. 55- 147 (III) (C) of this section. (2) The Superintendent may approve an anticipated bypass, after considering its adverse effects, if the Superintendent determines that it will meet the three conditions listed in Sec. 55-147 (III) (D) (1). 46 Sec. 55-148 FEES (I) Abnormal Wastewater Surcharge (A) Any user generating wastewater which exhibits none of the characteristics of prohibited wastes as described in Sec. 55-141 (I), but which has an average concentration of biochemical oxygen demand, has an average concentration of chemical oxygen demand, or contains total suspended solids in excess of normal wastewater [as defined in Sec. 55-140 (III)], may be required to pretreat to meet the requirements of normal wastewater or such other more stringent parameters as the City may determine as necessary and appropriate to the particular treatment plant receiving such abnormal wastewater. Pretreated abnormal wastewater may be accepted by a POTW if all the following requirements are met: (1) The wastes will not cause damage to the collection system. (2) The wastes will not impair the treatment processes. (3) The user agrees to payment of a surcharge over and above published sewer rates, as provided herein; and (4) The waste is amenable to treatment such that when it leaves the treatment plant to be discharged, the waste does not exceed, or cause the total discharge to exceed, the standards set by Federal and State agencies having jurisdiction. (B) Prior to imposition of a surcharge, the user shall be notified in writing that his waste discharge exceeds the maximum limits as established in this article. (C) Surcharges will be adjusted on billings for the month following submission of new data but not more frequently than quarterly, unless authorized by the Superintendent. (D) The volume of flow used in computing abnormal wastewater surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the City of Corpus Christi Utilities Department. In the event that a person discharging waste into the POTW produces evidence to the City demonstrating that a portion of the total amount of water used for all purposes does not reach the POTW, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon his request, to measure only that portion of the total flow being discharged into the POTW. Upon request by the user, credit may be allowed by the City for evaporation, product water exported from the user or other operational consumption through which such water is not discharged to the POTW. If it is impossible to show volume by metering, then recognized industry standards designated by the City shall apply. If a surcharge is assessed by the City, it 47 shall be shown separately on the monthly billing. (E) Any person discharging industrial waste into the POTW who procures any part or all of his water supply from sources other than the City of Corpus Christi Utilities Department, all or part of which is discharged into the POTW, shall install and maintain at his expense water meters of the type approved by the City for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the City. Where it can be shown that a portion of the water as measured by the aforesaid meter, or meters, does not enter the POTW of the City, then the user if he so elects, may install additional approved meters at the user's expense in such a manner as to measure the quantity of water actually entering the said POTW system from the premises of such user, and the quantity of water used to determine the wastewater service charge and abnormal wastewater surcharge shall be the quantity of water actually entering the POTW as so determined. (F) Computations of each surcharge, as applicable, shall be based on the following: S = V x 8.34 x X x (COD -562) S = V x 8.34 x Y x (BOD -250) S = V x 8.34 x Z x (TSS -250) S = Surcharge in dollars for the billing period. V = Water consumption in millions of gallons during the billing period. 8.34 = Weight of water in pounds per gallon. X = Unit charge in dollars per pound for COD as established in the wastewater rate ordinance in effect at the time of the billing. Y = Unit charge in dollars per pound for BOD as established in the wastewater rate ordinance in effect at the time of the billing. Z = Unit charge in dollars per pound for TSS as established in the wastewater rate ordinance in effect at the time of the billing. COD = Chemical oxygen demand strength index in parts per million by weight, or mg/l. BOD = Five-day biochemical oxygen demand strength index in parts per million by weight, or mg/l. 48 TSS = Total suspended solids strength index in parts per million by weight, or mg/1. 250 = Normal BOD and TSS strength in parts per million by weight, or mg/1. 562 = Normal COD strength in parts per million by weight, or mg/1. (G) The City reserves the right to review and approve any waters or industrial waste entering the POTW or proposed to be discharged into the system having an average daily flow greater than ten (10) per cent of the design flow capacity of the plant which will treat the waste. In the event the City's measurement discloses such flow to be in excess of ten (10) per cent of said capacity, the City shall be under no obligation to receive such flow in excess of ten (10) per cent of design capacity and the City's published rates shall not apply to such excess. An owner affected hereby shall be promptly notified of such determination by the City. A special contract, at the City's option, may be made with the user to accommodate such excess flow. (H) The City shall adopt, by separate ordinance, abnormal wastewater surcharge fees based upon the foregoing formula. (II) Pretreatment Charges and Fees The City may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include: (A) Fees for wastewater discharge permit applications including the cost of processing such applications as set forth in the wastewater fee schedule. (B) Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by the industrial user. (C) Fees for reviewing and responding to accidental discharge procedures and construction. (D) Fees for filing appeals. (E) Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines and penalties chargeable by the City. 49 Sec. 55-149 - MISCELLANEOUS PROVISIONS (I) Severability If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect. (II) Conflicts All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance, are hereby repealed to the extent of the inconsistency or conflict. (III) Effective Date This ordinance shall be in full force and effect immediately following its passage and approval as provided by law. 50 SECTION 2. Saved from repeal is the following provision of Ordinance Number 20895 providing for abnormal sewage surcharge, whereby the values of "Y" and "Z" established in the wastewater rate ordinance are preserved and amended to read as follows: (E) Effective March 1, 1992 for March 1992 wastewater service (April Billing) and thereafter Y = $0.1394/Ib Z = $0.1001/Ib SECTION 3. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing a caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. \ ORD \PRETREAT.001.aar That the foregoing ordinance was read for the first time and passed to it,s second reading on this the 2; day of 119 f3 , by the following vote: Mary Rhodes CV, Edward A. Martin (tic Jack Best LL.. Dr. David McNichols Melody Cooper ilk__ David Noyola Cezar Galindo (i ‘,}( Clif Moss Betty Jean Longoria CLv That the foregoing ordinance wfs finally on this the , by the following vote: 19s'i`) Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria PASSED AND 19 `1 ATTEST: a read day 1 for the .second time and ofh,k Edward A. Martin (Lt.? Dr. David McNichols David Noyola jukey Clif Moss ettJf?Ak APPROVED, this the ( day of APPROVED: /g44 DAY OF 127eLay- JAMES R. BRAY, JR., CITY ATTORNEY 7 By ` cre.v(2Z/� u' Assisteint City Attorney \forms\044 vSa5 Y/ Kt MAYOR THE CIT , 1993 021866 i CORPUS CHRISTI PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 51000 PO# JUL 19 Before me, the undersigned, a Notary Public, this day personally came Beverly Bennett, who being first duly sworn, according to law, says that she is Business Office Secretary of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021666 AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, ARTICLE VII, REPEALING ALL which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 7th day(s) June, 1993. One Time(s) =ASOAN OF 11Q.. 01111BB AMENDING THE CODE OF ORDINANCES, CHAPTER 55, — UTIUTIES, ARTICLE VII, RE- PEALING ALL PROVISIONS OF ARTICLE XI, SECTIONS 55-140 TO 55-147, COM- MERCIAL AND INDUSTRIAL WASTE DISPOSAL AND PRE- TREATMENT BY ADOPTION OF A NEW U.S. ENVIRON- MENTAL PROTECTION AGENCY REVIEWED AND APPROVED COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL AND PRETREAT- MENT ORDINANCE, ARTICLE XI, SECTIONS 55-140 TO 55-147; EXCEPTING SEC- TION 55-146. ABNORMAL SEWAGE SURCHARGE, UN- DER ORDINANCE NO. 20895; PROVIDING A SAVING CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR PUBLICA- TION. The ordinance was passed and approved by the City Council of the City of Corpus Christi on die 1st day of June, 1993. /s/ Armando Chaps City Secretary l City of Corpus Christi Business Offi Subscribed and of June, 1993. Secretary sworn to before me this 14th day Notary Public, Nueces County, Texas \000‘11111,,,,,,„;;. � • o, • oS',P'f oy9 'r * ' 0 'f, +?- 4 0101