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HomeMy WebLinkAbout025377 ORD - 07/22/2003AN ORDINANCE AMENDING ARTICLE Xl. COMMERCIAL AND INDUSTRIAL, CHAPTER 55, UTILITIES, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING DISPOSAL AND PRETREATMENT OF COMMERCIAL AND INDUSTRIAL WASTE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-140(b) of the Code of Ordinances is revised to read as follows: "Sec. 55-'140. General Provisions. "(b) Administration. Except as otherwise provided herein, the ...... ~,. ...........,qt Director shall administer, implement and enforce the provisions of this article. Any powers granted to or duties imposed upon the ...... ..~,. ........... nt Director may be delegated by the ~Director to other city personnel." SECTION 2. Section 55-140(c) of the Code of Ordinances is amended by deleting the definitions of "storm sewer or storm water system," "superintendent or wastewater superintendent;" by revising the definitions of "approval authority," "authorized representative of the industrial user," "corrosive waste," "new source," "normal sewage," and "publicly owned treatment works;" and by adding definitions of "Director or Director of Wastewater Operations," "industrial user or user," and "Texas Commission on Environmental Quality" to read as follows: "Sec. 55-140. General Provisions. "(c) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. "Approval authority means 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.the Director in an NPDES (National Pollution Discharge Elimination System) Stain with an approved State pretreatment program and the appropriate Regional O 2 5 3 '? 7 2 Administrator in a non-NDES State or NPDES State without an approved State pretreatment proqram. "Authorized representative of the industrial user means: "(1) If the industrial user is a corporation, authorized representative shall mean: "a. The president1 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 (1) 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 subdivisions subc:ct!cnc 55 !40(c)(5)a. through c. abeve-0f this definition 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 wactewat~r superintendent Director of Wastewater Operations. "Corrosive waste means 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 the POTVV or which prevents or materially retards treatment of sewage in the sewage treatment plant. "Director or Director of Wastewater Operations means the person designated by the City Mana.qer to supervise the operation of the POTW, and who is charged R33608B2.doc 3 with certain duties and responsibilities by this article, and includes the Director's authorized representative. "Industrial user or user means a source of an "indirect discharqe," as defined by 40 CFR 403.3(h). "New source means: "(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 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 .-, ,~..-~..,~...,/~.. o ..,- ;~', tly ........... w/ ...... ~v,a.3. subdivision (1) of this definition direc 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 R33608B2.doc 4 "1. Any placement, assembly, or installation of facilities or equipment, or "2. 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. "Normal sewage means sewage, which when analyzed, shows by weight, a daily average of not more than two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) mg/I) of suspended solids, and not more than two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) mg/I) of biochemical oxygen demand and not more than four thousand six hundred eighty-seven (4,687) pounds per million gallons (five hundred sixty-two (562) re.q/I) of chemical oxygen demand~ and which is otherwise acceptable into a sanitary sewer under the terms of this article. "Publicly owned treatment works e~C~W-means 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. R33608B2.doc 5 "Texas Commission on Environmental Quality means the Texas Commission on Environmental Quality, or an authorized representative of the Commission." SECTION 3. Section 55-140(c) of the Code of Ordinances is designating the abbreviations as a new subsection (d) of Section 55-140. "Sec. 55-140. General Provisions, "(c) Definitions, Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. "(d) Abbreviations. The following abbreviations shall have the designated meanings:" SECTION 4. Section 55-140(d) of the Code of Ordinances is amended by deleting the abbreviation for "TWC" and adding the abbreviation "POTW" and "TCEQ" to read as follows: "Sec. 55-140. General Provisions. "(d) Abbreviations. The following abbreviations shall have the designated meanings: "POTW - publicly owned treatment works "TCEQ -- Texas Commission on Environmental Quality" ",'D.~!C T~x~c Water Ccmmiccion SECTION 5. Section 55-141(a) of the Code of Ordinances is amended by revising paragraphs (12), (13), (15), and (19)to read as follows: "Sec. 55-141. General sewer use requirements. "(a) Prohibited Discharge Standards. * * * R33608B2.doc 6 "(12) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the ~Director in compliance with applicable federal, state or local regulations. "(13) Stormwater, 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 supcrintend~nt Director. "(15) Any medical wastes, except as specifically authorized by the ~. ........... nt Director in a wastewater discharge permit. "(19) Any wastewater which has a reasonable potential for adversely affecting the POTW's operation as determined by the ~Director." SECTION 6. Section 55-141(d) of the Code of Ordinances is revised to read as follows: "Sec. 55-141. General sewer use requirements. "(d) Specific Local Pollutant Limitations. "(1) 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/I -- arsenic "0.018 mg/I-- cadmium "6.d52 2.980 mg/I -- chromium, total "0.350 0.350 mg/I -- copper "0.364 0.130 mg/I-- cyanide "0.511 mg/I -- lead R33608B2.doc 7 "9.953 9.000 mg/I -- mercury "11100.00 m,q/I-- phenols "! .465 0.590 mg/I-- nickel "0.072 0.050 mg/I -- silver "1.476 mg/I--zinc "(2) Concentrations apply at the point where the industrial waste is discharged to the PO-I'VV. All concentrations for metallic substances are for "total" metal unless indicated otherwise. For mercury, compliance will be measured at the minimum analytical level (MAL) or 0.0002 milligrams/liter (mg/I). At his discretion, the su~Director may impose mass limitations in addition to or in place of the concentration based limitations above." SECTION 7. Section 55-142 of the Code of Ordinances is amended by revising subsections (a), (b), (c), and (e) to read as follows: "Sec. 55-142. Pretreatment ofwastewater. "(a) Pretreatment faci/ities. Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in section 55-141 (a) above within the time limitations specified by the EPA, the state, or the su~ Director, 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 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 article. "(b) Additional Pretreatment Measures. "(1) Whenever deemed necessary, the super-iP~mdeF~Director may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams and such other conditions as may be necessary to protect the PO-I-VV and determine the industrial user's compliance with the requirements of this article. "(2) The-sutaem~mdeat Director, in his discretion, may require each person discharging into the POTW greater than twenty-five thousand (25,000) gallons per R33608B2,doc day or greater than five (5) per cent 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~ Director. A wastewater discharge permit may be issued so~ely for flow equalization. "(3) Grease, oil and sand interceptors shall be provided in comportment with article VI, section 13-201 et seq., of this Code, as such provision stands and may hereafter be modified or amended. "(4) Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. "(c) Accidental Discharge~Slug Control Plans. The ~Director may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two (2) years the ~Director 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: "(1) Description of discharge practices, including nonroutine batch discharges. "(2) Description of stored chemicals. "(3) 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 section 55-141 (a) of this article. "a. 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. "b. 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. "c. Notice to Employees. As part of the accidental discharge protection plan, a not~ce t__o ...... be permanently posted on the user's the Director may require ' ~-'-'~ 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. R33608B2.doc "(4) If necessary1 procedures Proccdur:c 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/or measures and equipment for emergency response. "(e) Hauled Wastewater. Septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment plant area at such times as are established by the~ Director, provided such waste disposal is made in compliance with article XIII, section 55-160 et seq., of this Code, and does not violate any provision of section 55-141 of this article or any other requirements of the city." SECTION 8. Section 55-143 of the Code of Ordinances is revised to read as follows: "Sec. 55-143. Wastewater discharge permit eligibility and issuance process. "(a) Wastewater Survey. When requested by the ~Director 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 ~Director 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 article. "(b) Requirement. "(1) 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-super-im~m~ Director. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in section 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. "(2) The ~Director may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this article. R33608B2.doc 10 "(d) 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. "(e)-(d) Appfication Contents. "(1) 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 section 55-144(a)(2) of this article. The cupcr!,",t~,",dc,qt Director shall approve a form to be used as a permit application. "(2) In addition, the following information may be requested: "(1) 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. "(2) b_=_Number and type of employees, hours of operation, and proposed or actual hours of operation of the pretreatment facility. "(3) c_=_Each product produced by type, amount, process or processes, and rate of production. "(4) d~. Type and amount of raw materials processed (average and maximum per day). "(5) 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. "¢~v¢ __f- Time and duration of the discharge. "(7) g. Any other information as may be deemed necessary by the ~Director to evaluate the wastewater discharge permit application. "(3) Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision. R33608B2,doc 11 "(Ch(e) 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." "(g) (f) Decisions. The cuperinte,qde,-,t Director 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 ~Director will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied, unless the ~Director notifies the applicant that the time frame for decision has been extended due to need for additional evaluation time. The superi,-,te,-,d~,-,t Director may deny any application for a wastewater discharge permit. "(h) (q) 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~ Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. "(F)-(h) Contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the ~Director 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. "(1) Wastewater discharge permits must contain the following conditions: "a. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years. "b. A statement that the wastewater discharge permit is nontransferable 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. "c. Effluent limits applicable to the user based on applicable standards in federal, state, and local law. R33608B2.doc 12 "d. 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. "e. 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. "f. 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: "1. Attorney's fees; "2. Costs for any and all laboratory and investigation expenses; "3. 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). "g. Requirement permittee immediately notify the POTW in the event of a failure of pretreatment facility or pretreatment equipment. "(2) Wastewater discharge permits may contain, but need not be limited to, the following: "a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization. "b. Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. "c. 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. "d. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. "e. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW. R33608B2.doc 13 "f. The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW. "g. Requirements for installation and maintenance of inspection and sampling facilities and equipment. "h. 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. "i. Other conditions as deemed appropriate by the ...... ~,,,,,,,,4~,,,, Director to ensure compliance with this article, and state and federal laws, rules, and regulations. "69-i~)_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. "(1 ) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. "(2) 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. "(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. "(4) 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. "(5) 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. ,,~t,~..¢ ~j)_Modification. "(1) The ~Director may modify the wastewater discharge permit for good cause including, but not limited to, the following: "(1) a._=_To incorporate any new or revised federal, state, or local pretreatment standards or requirements. R33608B2.doc 14 "(2) 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. "(3) 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. "(4-)-d. Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters. "(5) ~ Violation of any terms or conditions of the wastewater discharge permit, or violation of city ordinance pertaining to waste treatment. "(6) f. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting. "(7) _Cl. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13. "(8) h. To correct typographical or other errors in the wastewater discharge permit. "(9) i. To reflect a transfer of the facility ownership and/or operation to a new owner/operator. "(10) '.LUser's discharge has caused the POTW to violate federal or state permit requirements. "(2) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. "(j~(k) Transfer. "(1) 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 super4PAer~m~Director and the ~Director approves the wastewater discharge permit transfer. The notice to the ~ Director must include a written certification by the new owner and/or operator which: "(1) a. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes. "(2) b. Identifies the specific date on which the transfer is to occur. "(3) c. Acknowledges full responsibility for complying with the existing wastewater discharge permit and assuming the liabilities thereof, including R33608B2.doc 15 joint and several responsibility with the former permittee for pending or unresolved notices of permit and ordinance violations. "(2) Unresolved allegations of permit and ordinance violations and/or unpaid indemnity obligations, fines, or penalties owed by the permittee shall be grounds for the ~Director's denial of permit transfer. The ...... ~,,+,,,,,4,,,,, Director, in his discretion, may deny transfer of a permit when such grounds are present. "(3) Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer. "(m) I[J)_Revocation. "(1) Wastewater discharge permits may be revoked for the following reasons: "(1) a~Failure to notify the city of significant changes to the wastewater prior to the changed discharge. "(2) b. Failure to provide prior notification to the city of changed condition pursuant to section 55-144(e). "(3) c~_Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application. "(4) d. Falsifying self-monitoring reports, or withholding of information material to such reports. "(5) e. Tampering with monitoring equipment. "(6) f. Refusing to allow the city timely access to the facility premises and records. "(7) .q. Failure to meet effluent limitations. "(8) h. Failure to pay fines, penalties, or indemnification obligations. ,vj i. Failure to pay sewer charges. ,v,m,,.., j_Failure to meet compliance schedules. "(11) k__Failure to complete a wastewater survey or the wastewater discharge permit application. "¢"~ ,~¢'~ __!- Failure to provide advance notice of the transfer of a permitted facility. "(13) m. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the article. R33608B2.doc 16 "/4-~, ,¢__n. Failure to notify the POTW of a failure in pretreatment facility or equipment. "(2) 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. "(n) (m) Reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with section 55-143(e) a minimum of sixty (60) days prior to the expiration of the industrial user's existing wastewater discharge permit. "(n) Regulation of Wastes Received from Other Jurisdictions "(1) If another jurisdiction, or user located within another jurisdiction, contributes wastewater to the POTW, The Director shall enter into an inter local cooperative agreement with the contributing jurisdiction. "(2) Prior to entering into an agreement required above, the Director shall request the followinq information from the contributinq jurisdiction: "a. A descriptiol~ of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction; "b. An inventory of all users located within the contributing jurisdiction that are discharging to the City of Corpus Christi POTW; and "c. Such other information as the Director may deem necessary." SECTION 9. Section 55-144 of the Code of Ordinances is amended by revising subsections (a)(2)e.3., (a)(2)h., (b), (d), (e), (0(2), (0(4), (g), (.j), (k)(1), (I), and (n) to read as follows: "Sec. 55-144. Reporting requirements. "(a) Baseline Monitoring Reports. "(2) The industrial user shall submit the information required by this section including: "e. Measurement of pollutant. R33608B2.doc 17 "3. Sampling must be performed in accordance with procedures set out in section 55-144(4)(k). "h. Baseline monitorinq reports. All baseline monitoring reports must be signed and certified in accordance with section 55-143(f)(e). "(b) Compliance Schedule Progress Report. The following conditions shall apply to the schedule required by section 55-144(a)(2)g. 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 ~Director must be secured for the increment performance schedule. The industrial user shall thereafter submit a progress report to the ~Director no later than fourteen (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 ~ Director, 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-superic~m~e~ Director. "(d) Periodic Compliance Reports for AII Significant Users. "(1) Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the superintendent Director 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 section 55-143(f)(e). "(e) Report of Changed Conditions. Each industrial user is required to notify the ~Director 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. "(1) The ~Director 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 section 55-143(e). R33608B2.doc 18 "(2) The ~Director may issue a wastewater discharge permit under section 55-1438E) or modify an existing wastewater discharge permit under section 55-1436L)(i). "(3) NO industrial user shall implement the planned changed condition(s) until and unless the ~Director has responded to the industrial user's notice. "(4) For purposes of this requirement, flow increases of ten (10) per cent or greater and the discharge of any previously unreported pollutants ...... may be deemed significant. "(f) Reports of Potential Problems. "(2) Within five (5) days following such discharge, the industrial user shall, unless waived by the~ Director, 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 article. "(4) The Director may require a A-nobce ...... t~obe 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 section 55-144(0(1), above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure. "(g) 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 ~Director may require. "fi) 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 and amendments to that part, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 and amendments to that part dces do not R33608B2,doc 19 contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. '(k) Sample Collection. "(1) Except as indicated in section 55-144(k)(2), 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 ~Director 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 sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. "(I) Determination of Noncompliance. The ~Director may use a grab sample(s) to determine noncompliance with pretreatment standards. "(n) Record Keeping. Industrial users shall retain, and make available for inspection and copying, all records and information required by this article for a period of at Feast three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this article, or where the industrial user has been specifically notified of a longer retention period by the~Jf~K~er~t Director." SECTION 10. Section 55-145 of the Code of Ordinances is amended by revising subsections (a), (b), and (c) to read as follows: "Sec. 55-145. Compliance monitoring. "(a) Inspection and Sampling. Authorized representatives of the City, State, and Federal governments Thc cit~,' *,.he!! 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 article, 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 industrial user and shall take at least one (1) sample from each significant industrial user each year. Industrial users shall allow the ~Director or his the Director's 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. "(1 ) 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 R33608B2.doc 20 agencies will be permitted to enter without delay, for the purposes of performing their specific responsibilities. "(2) 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. "(3) 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 Director to ensure their accuracy. "(4) 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 ~Director and shall not be replaced. The costs of clearing such access shall be born by the industrial user. "(5) Unreasonable delays in allowing city personnel access to the industrial user's premises shall be a violation of this article. "(6) 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. "(b) Search Warrants. Pursu3nt to Under Article 18.05, Texas Code of Criminal Procedure, if the ~Director has been refused access to a building, structure or property or any part thereof, and if the super4cA4me~Director has demonstrated (1) probable cause to believe that there may be a violation of this article 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 article, or any permit or order issued under this article, 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 ~Director 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. "(c) 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 R33608B2.doc 21 be available to the public without restriction, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the cupcr!ntcnd:nt Director 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 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." SECTION 11. Section 55-146 of the Code of Ordinances is amended by revising subsections (a), (b), (c), (d), (e), (f), (g), (j), and (k) to read as follows: Sec. 55-146. Enforcement. "(a) Notification of Violation; Administrative Remedies. Whenever the super-ic~:~q~m~ Director finds that any user has violated or is violating this article, a wastewater discharge permit or directive issued hereunder, or any other pretreatment requirement, the superm-ter~o~Director 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-supermtet~e~ Director. The ~Director 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. "(b) Meeting Prior to Enforcement Action; Supcrintc~de~t'c Director's Discretion. The supermter~emt-Director, at his the Director's discretion, may direct any user which causes or contributes to violation(s) of this article, wastewater discharge permits, or directives issued hereunder, or any other pretreatment standard or requirement, to appear before the superintcndcnt Director 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 R33608B2.doc 22 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. "(c) Discontinuances of Sewer and Water Service. When the ~Director finds that a user has violated or continues to violate the article, 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 ~Director'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 a compliance directive shall not be a required prerequisite to taking any other action against the user. "(d) Emergency Suspensions. "(1) The su~Director 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 ~pirector 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. "(1) & 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 ~Director 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 ~Director 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 section 55-146(e) are initiated against the user. "(2) 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 R33608B2.doc 23 measures taken to prevent any future occurrence to the supcr!nt:nd~nt Director, prior to the date of any pre-enforcement meeting or termination meeting under section 55-146(b) or section 55-146(e) respectively. "(2) Nothing in this section shall be interpreted as requiring a meeting or hearing prior to any emergency suspension under this section. "(e) Termination of Discharge. "(1) In addition to those provisions in section 55-143(m)~ of this article, any user that violates the following conditions of this article, wastewater discharge permits, or directives issued hereunder, is subject to discharge termination. "(1) a. Violation of wastewater discharge permit conditions. "(2) b. Failure to accurately report the wastewater constituents and characteristics of its discharge. "(3) c. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge. "(4) 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. "(5) e. Violation of the pretreatment standards in section 55-141 of this article. "(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show under section 55-146(b) of this article why the proposed action should not be taken, subject to the supec4FC, e~te+C,~Director's authority to immediately suspend discharge under section 55-146(d). "(f) Injunctive Relief; Judicial Remedies. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this article, wastewater discharge permits or directives issued hereunder, or any other pretreatment requirement, the super4,qtec~em-Director, 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 article 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. R33608B2.doc 24 "(g) Civil Penalties. "(1) Any user which has violated or continues to violate this article, 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 one thousand dollars ($1,000.00) 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. "(2) 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. "(3) To aid the court in determining the amount of civil liability, the Director 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. "(4) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user. "¢j) Performance Bonds; Supplemental Enforcement Action. The cupcrintendent Director may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this article, 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 ~Director 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. "(k) Liability Insurance. The ~Director may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this article, any directive, or a previous wastewater discharge permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge." SECTION 12. Section 55-147(c) of the Code of Ordinances is amended by revising paragraph (3)b. and (4)b. to read as follows: Sec. 55-147. Affirmative defenses to discharge violations of Federal categorical pretreatment standards and local limits. R33608B2.doc 25 "(c) Bypass. "(3) * "(4) * "b. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (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 superm~eckLDirector may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. "b. The ~Director may approve an anticipated bypass, after considering its adverse effects, if the supermtem~m~Director determines that it will meet the three (3) conditions listed in section 55-147(c)(4)a." SECTION 13. Section 55-148(a) of the Code of Ordinances is revised to read as follows: "Sec. 55-148. FEES. "(a) Abnormal Wastewater Surcharge. "(1) Any user generating wastewater which exhibits none of the characteristics of prohibited wastes as described in section 55-141(a), 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 section 55-140(c)), 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: "a. The wastes will not cause damage to the collection system. R33608B2,doc 26 "b. The wastes will not impair the treatment processes. "c. The user =gr~os to payment of a pays the applicable surcharge over and above published sewer rates, as provided herein; and "d. 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. "(2) Prior to imposition of a surcharge, the user shall be notified in writing that his waste discharge ~xc~d"., th~ maximum !!mite is in excess of normal wastewater as established in this article. "(3) Surcharges will be adjusted on billings for the month following submission of new data but not more frequently than quarterly, unless authorized by the super4~tec~e~ Director. "(4) 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 shall be shown separately on the monthly billing. "(5) 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. R33608B2.doc 27 "(6) 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 C©D as established subdivision (8) of this subsection. Y = Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. Z = Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. COD = Chemical oxygen demand strength index in parts per million by weight, or mg/I. BOD = Five-day biochemical oxygen demand strength index in parts per million by weight, or mg/I. TSS = Total suspended solids strength index in parts per million by weight, or mg/I. 250 = Normal BOD and TSS strength in parts per million by weight, or mg/I. 562 = Normal COD strength in parts per million by weight, or mg/I. "(7) The city reserves the right to review and approve any waters or industrial waste entering the P©TW 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 often (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. R33608B2.doc 28 "(8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are: "Value "^ ...... * "Au,qust !,~vw°nn° 1,2003 te to ~"~" q" July 31, onnq 2004 "X (unit "se.eeoc "$0.0000 charge in dollars per pound of COD) "Y (unit ,,n...~v~oo~ "0.2372 charge in dollars per pound of BOB) "Z (unit "0.!608 "0.1704" charge in dollars per pound of TSS) SECTION 14. 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 of this ordinance be given full force and effect for its purpose. SECTION 15. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 55-146 of the City Code of Ordinances. SECTION 16. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 17. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon R33608B2.doc 29 ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the ,~,P",^~ day of :~-~ ~,~ ,2003. ATTEST: Arma~ City Secretary THE CITY OF CORPUS CHRISTI Samuel L. Neal', Jr. ' ~ Mayor APPROVED: This 16TM day of July, 2003: R33608B2.doc 30 Corpus Christi, Texas day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero J Melody Cooper (~.~/~ Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola (~'1~c~ Mark Scott R33608B2.doc 005 .... 377 PUBLISHER'S AFFIDAVIT State ~of T~s } County of Nueces } SSi CITY OF CORPUS CHRISTI Ad # 4620168 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinoiosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, 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. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 28TH day(s} of JULY, 2003. $66.16 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of JULY 29, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Mo~, Ju~¥ 28, 2G03 NOTICE OF PAS~GE Orc~tnanoe &mencgng Ar~i~e X~, ~ a~ Indu~, C~r 55, U~I~ ~ ~ ~ of O~l~n~, C~ ~ Corpus Christi, pretreatme~t of pm~dlng ~r ~1~.