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hereby repealed in its entirety, except for those provisions recited below in Section 2.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
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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.
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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:
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(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)
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Color. The optical density at the visual wave length of maximum absorption,
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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
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(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)
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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)
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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
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(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.
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(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
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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
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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)
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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,
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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
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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
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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.
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(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
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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.
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(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.
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(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
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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)
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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)
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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.
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(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.
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(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.
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(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.
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(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
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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.
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(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.
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(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
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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
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