R-00-01-27-13A2 - 1/27/2000RESOLUTION NO. R -00-01-27-13A2
WHEREAS, R&R Mobile Joint Venture ("R&R") provides retail
water and wastewater service to an area outside of the City of
Round Rock's corporate limits, and
WHEREAS, R&R desires to purchase wholesale water and
wastewater service for the area from the City, and
WHEREAS, the City has a supply of water not contracted to
others and is available for R&R's use, and
WHEREAS, the City desires and is authorized to provide
wholesale water and wastewater service outside its corporate
limits, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Wholesale Water Supply and Wastewater
Collection and Treatment Agreement with R&R Mobile Joint Venture,
a copy of said agreement being attached hereto and incorporated
herein for all intents and purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
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and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
RESOLVED
AT EST:
this 27th day of January, 2000
E LAND, City Secretary
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ROBERT A. STLUKA, JR(/ Mayor
City of Round Rock, Texas
WHOLESALE WATER SUPPLY
AND
WASTEWATER COLLECTION AND TREATMENT AGREEMENT
BETWEEN
THE CITY OF ROUND ROCK, TEXAS
AND
R&R MOBILE JOINT VENTURE
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
This Wholesale Water Supply and Wastewater Collection and Treatment Agreement ("Agreement")
is made and entered into as of the 27th day of January 2000 by and between the City of Round Rock,
Texas ("City"), a home rule city located in Williamson County, Texas and R&R Mobile Joint
Venture ("R&R"), a Texas joint venture.
RECITALS
Whereas, the City owns and operates a potable water supply system, and
Whereas, the City has a supply of water not contracted to others and available for R&R's use, and
Whereas, the City has entered into a Wastewater Disposal Contract ("Wastewater Disposal
Contract") with the Lower Colorado River Authority ("LCRA") and the Brazos River Authority
("BRA") for the treatment of wastewater at a regional plant or plants owned and operated by the two
river authorities, and
Whereas, the City has wastewater collection capacity and has contracted for treatment capacity not
contracted to others and available for R&R's use, and
Whereas, R&R provides retail water service and wastewater collection and treatment service to an
area ("Service Area") covered by a Certificate of Convenience and Necessity, a copy of which is
attached hereto as Exhibit "A", and
Whereas, the City desires and is authorized to provide wholesale water service and wastewater
collection and treatment service outside its corporate limits, and
Whereas, R&R desires to purchase wholesale water service and wastewater collection and treatment
service from the City, and
Whereas, City desires to supply wholesale water service and wastewater collection and treatment
service to R&R in lieu of R&R continuing the operation of its well and wastewater treatment plant.
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Now Therefore, for and in consideration of the premises and mutual obligations and benefits herein
contained, the City and R&R hereby agree as follows:
ARTICLE I
DEFINITIONS
1.01 The terms and expressions used in this Agreement, unless the context indicates otherwise,
shall have meanings as follows:
a) "Agreement" means this Wholesale Water Supply and Wastewater Collection and Treatment
Agreement.
b) "BRA" means the Brazos River Authority.
c) "City Code" means the Code of Ordinances (1995 Edition) of the City of Round Rock, as
amended.
d) "Commission" means the Texas Natural Resource Conservation Commission.
e) "EPA" means the United States Environmental Protection Agency.
f) "LCRA" means the Lower Colorado River Authority.
g) "Living Unit Equivalent" or "LUE" means 300 gallons per day for wastewater and 400
gallons per day for potable water, determined as follows for the respective uses indicated:
(1) The number of LUE's for residential uses shall be determined as follows:
TYPE OF RESIDENTIAL UNIT NUMBER OF LUE'S
Single Family Detached
including Mobile/Manufactured Homes 1.0/unit
Duplex 0.9/unit
Tri-plex, Four-plex, and Multi -Family 0.7/unit
Hotel -Motel (Rooms Only) 0.5/unit
(2) For all non-residential uses, the number of LUE's of service shall be determined by
the City's Director of Public Works pursuant to certified engineer's data furnished to the City
by the applicant. The number of LUE's shall be calculated to the nearest tenth.
h) "Point(s) of Entry" means the one or more locations at which wastewater passes through a
metering manhole and enters the City's wastewater collection system.
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i) "Point(s) of Delivery" means the one or more locations at which water passes through a
master meter and thereafter is owned and controlled by R&R.
j) "Regional System" means the wastewater collection and treatment system owned and
operated by the BRA and LCRA.
k) "R&R Service Area" means that area within R&R's Certificate of Convenience and
Necessity, a copy of which is attached hereto as Exhibit "A".
1) "R&R Water Facilities" means all water facilities located on the downstream side of the
Point(s) of Delivery.
m) "R&R Wastewater Facilities" means all wastewater facilities located on the upstream side
of the Point(s) of Entry.
n) "Start Date" means the date on which the City is ready to begin delivering water and
accepting wastewater from R&R as certified to in writing by the City's Director of Public Works.
o) "Water" means potable water suitable for use for domestic and municipal uses and meeting
the requirements of the Texas Department of Health for public consumption.
p) "Water Impact Fee" means the water impact fee as established in § 10.204 of the City Code,
as amended from time to time.
q) "Wastewater" means liquid and water carried waste discharged from sanitary conveniences
of dwellings, businesses, buildings, institutions, industries and the like including garbage which has
been shredded to such a degree that all particles will be carried freely under flow conditions normally
prevailing in public sewers, with no particle greater than one-half ('/z) inch in any dimension and the
liquid wastes from industrial processes, and includes any infiltration water that has migrated from
the ground into the R&R Wastewater Facilities.
q) "Wastewater Impact Fee" means the wastewater impact fee as established in § 10.204 of the
City Code, as amended from time to time.
1.02. Interpretation. Terms used in this Agreement with initial letters capitalized and not otherwise
defined in this Agreement have the meanings assigned to them in §1.01. Except where the context
otherwise requires, words imparting the singular number shall include the plural number and vice
versa. Reference to any document means that document as amended or supplemented from time to
time. Reference to any party or governmental regulatory agency means that entity and its successors
and assigns.
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ARTICLE II
WATER SERVICE
2.01. Water Service.
Delivery and Supply of Water. Beginning on the Start Date, the City shall deliver and sell water to
R&R, for residential and commercial uses only, from the City's water treatment and distribution
system. The City presently has and will maintain an adequate water supply with which to meet
R&R's current and future needs, but is not obligated to provide service for more than 230 LUEs. The
City will make a reasonable effort to obtain an additional supply of water to serve any additional
future needs of R&R beyond the 230 LUEs; provided however, R&R agrees that the supply of water
to R&R may be reasonably limited by the City on the same basis and to the same extent as the
supply of water to other customers within the City.
Compliance with Conservation Ordinances. R&R shall require its retail customers to comply with
the City's water conservation ordinances, as amended from time to time.
Sole Source of Water. The City shall be the sole source of water to R&R and R&R shall not seek
to develop its own wells, unless the City is unable to provide water service as contemplated in this
Agreement or is unable to provide additional LUEs of service capacity in excess of 230 when
requested by R&R
Quantity of Water Service. The quantity of water service delivered by the City shall be measured by
master meters at all Point(s) of Delivery. Regardless of anything contained herein to the contrary,
the number of LUE's of water service provided herein is limited to no more than 230 LUE's, unless
this Agreement is amended in writing by the parties.
Water Pressure. City agrees to provide the minimum water pressure required by the Texas
Department of Health at the Point(s) of Delivery. City shall have no obligation to provide water
pressure beyond the Point(s) of Delivery.
Backflow Prevention Devices. R&R agrees to install, at its sole cost, at each Point of Delivery, a
backflow prevention device of a size, design, location, configuration and capacity as approved by
the City's Director of Public Works.
2.02. Water Service Rates and Procedures. The City shall charge and R&R shall pay the City, for
water service received at the applicable wholesale water rate and under the billing, payment,
collection and disconnect procedures as established by the City Council and as amended from time
to time. The initial rate for water will be $ 1.27 per 1000 gallons of water metered at the point of
entry plus a monthly demand charge of $850.00. The City will notify R&R at least 60 days before
any rate increase for R&R becomes effective. Any increase in rate for R&R must be based upon an
increase in the actual cost of service as determined by a rate study using standard methodologies.
The rate study must be provided to R&R at least 30 days before the rate increase is adopted.
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2.03. Metering Equipment. R&R, at its sole expense, shall install and maintain at the Point(s) of
Delivery the necessary metering equipment and required devices of standard type to measure
properly the quantity of water delivered to R&R Once installed, the meters shall be owned by the
City. From time to time the City shall have the option of calibrating the meters at its cost. A meter
registering not more than three percent (3%) above or below the test result shall be deemed to be
accurate. The previous readings of any meter disclosed by test to be inaccurate and the statement of
charges for water delivered to R&R shall be corrected for the three (3) months previous to such test
in accordance with the percentage of inaccuracy found by such test. If the meter fails to register for
any period, the amount of water furnished during such period shall be deemed to be the amount of
water delivered in the corresponding period immediately prior to the failure adjusting for seasonal
differences, unless the City and R&R shall agree upon a different amount. The metering equipment
register shall be read on or about the first day of each month during normal business hours.
2.04. Consumption Record. The City shall keep accurate records of all readings from the meters
installed pursuant to Section 2.03 above for a minimum of 3 years. These records shall be subject
to inspection by R&R at reasonable times and places R&R shall read the meters daily and provide
such readings to the City on a monthly basis.
2.05. Point of Delivery. The initial Point of Delivery will be determined by the City and R&R and
it shall be at the discharge side of the meters installed by R&R pursuant to Section 2.03 above on
the existing City Water System. Additional Points of Delivery may be constructed at a later date by
mutual consent of the parties. Upon passing through the meter at the Points of Delivery, the water
becomes the property of R&R.
2.06. Contracts With Other Customers. The City reserves the right to contract with other persons,
natural or corporate, private or public, and to perform services similar to those performed under this
Agreement as well as other services, but shall not contract with other persons to provide such
services within the R&R Service Area. R&R shall not contract with other persons to provide such
services within the City's CCN.
2.07. Ownership of R&R Water Facilities. Ownership of the R&R Water Facilities shall remain
in R&R, which shall be responsible for the repair, maintenance, and replacement of said Facilities.
R&R will maintain R&R's Water Facilities in compliance with all federal, state and local regulations
so that adverse impacts on the health, safety and welfare of the customers of the system and waste
are minimized After providing R&R with 24 hours prior notice, City may enter R&R's property and
to inspect R&R's Water Facilities at all reasonable times. R&R's failure to so maintain the R&R
Water Facilities as provided in this paragraph is a default under this agreement.
2.09. No Reservations. R&R acknowledges and agrees that it is not reserving a guaranteed supply
of water to meet current or future needs. The City has an adequate supply of water to satisfy the
reasonable requirement of its current population, other contractual obligations, and the current
population of R&R and R&R's 230 LUES. The City will endeavor to obtain a supply of water to
meet the future needs of its own citizens, as well as its contractual customers, including R&R as set
forth in Section 2.01 above.
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ARTICLE III
WASTEWATER SERVICE
3.01. Wastewater Treatment Service.
a. Collection and Treatment Service. Beginning on the Start Date, the City
agrees to provide wastewater collection and treatment service for domestic and
commercial purposes to R&R on a wholesale basis. The City presently has and will
maintain an adequate wastewater treatment capacity with which to meet R&R's
current and future needs, but is not obligated to provide service for more than 230
LUEs. The City will make a reasonable effort to obtain additional treatment capacity
to serve any additional future needs of R&R beyond the 230 LUEs;
b. Compliance with Discharge Quality Regulations. R&R shall require its retail
customers to comply with the City's ordinances and regulations regarding the quality
of wastewater discharged into the City's wastewater collection and treatment system.
c. Sole Source of Wastewater Service. The City shall be the sole source of
wastewater collection and treatment service to R&R and R&R shall not seek to
develop its own treatment system or obtain service from another provider, unless the
City is unable to provide wastewater service as contemplated in this Agreement or
is unable to provide additional LUEs of service capacity in excess of 230 when
requested by R&R.
d. Quantity of Wastewater Service. The quantity of wastewater service provided
by the City shall be based upon the actual monthly water consumption, or the average
monthly consumption for the months of December, January, and February of each
fiscal year, whichever is less. Regardless of anything contained herein to the
contrary, the number of LUE's of wastewater service provided herein is limited to
no more than 230 LUE's.
3.02. Wastewater Service Rates and Procedures. The City shall charge and R&R shall pay the City,
for wastewater service received at the applicable wholesale wastewater rate and under the billing,
payment, collection and disconnect procedures as established by the City Council and as amended
from time to time. The initial rate for wastewater will be $ 3.03 per 1000 gallons of wastewater
accepted at the point of entry as determined in accordance with Section 3.01(Quantity of Wastewater
Service). The City will notify R&R at least 60 days before any rate increase for R&R becomes
effective. Any increase in rate for R&R must be based upon an increase in the actual cost of service
as determined by a rate study using standard methodologies. The rate study must be provided to
R&R at least 30 days before the rate increase is adopted.
3.03. Consumption Record. The City shall keep accurate records of all 3 -month winter average
meter readings for 3 years. These records shall be subject to inspection by R&R at reasonable times
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and places. R&R shall read the meters daily and provide such readings to the City on a monthly
basis.
3.04. Point(s) of Entry. The initial Point of Entry will be determined by the City and R&R and it
shall be at the point where wastewater is discharged from the R&R Wastewater Facilities to the
City's Wastewater System. Additional Points of Entry may be constructed at a later date by mutual
consent of the parties. Upon passing through the Points of Entry, the wastewater becomes the
property of the City.
3.05. Contracts With Other Customers. The City reserves the right to contract with other persons,
natural or corporate, private or public, and to perform services similar to those performed under this
Agreement as well as other services, , but shall not contract with other persons to provide such
services within the R&R Service Area. R&R shall not contract with other persons to provide such
services within the City's CCN.
3.06. Ownership of R&R Wastewater Facilities. Ownership of the R&R Wastewater Facilities shall
remain in R&R, which shall be responsible for the repair, maintenance, and replacement of said
Facilities. R&R will maintain R&R's Wastewater Facilities in compliance with all federal, state and
local laws and regulations and in a condition that minimizes infiltration and inflow. After providing
24 -hours prior notice to R&R, City may enter R&R's property and to inspect R&R's Wastewater
Facilities at all reasonable times. R&R's failure to so maintain the R&R Wastewater Facilities in
accordance with this paragraph is a default under this Agreement.
3.07. No Reservations. R&R acknowledges and agrees that it is not reserving a guaranteed supply
of wastewater treatment to meet future needs beyond the 230 LUEs that are the subject of this
Agreement. The City has an adequate wastewater treatment capacity to satisfy the reasonable
requirement of its current population, other contractual obligations, and the current population of
R&R and R&R's 230 LUE's. The City will endeavor to obtain wastewater treatment capacity to
meet the future needs of its own citizens, as well as its contractual customers, including R&R as set
forth in Section 3.01 above.
3.08. Discharge Quality. The customers within R&R may discharge Wastewater into the City's
system that meets the requirements of quality as set forth below and not containing wastes identified
in the list of prohibited discharges which is included in Exhibit "B" of this Agreement.
(a) General Requirements. In order to permit the City to properly treat and dispose of the
customers' Wastewater; to protect the public health; and to permit cooperation with other
agencies which have requirements for the protection of the physical, chemical, and
bacteriological quality of public water and water courses, R&R agrees to adopt rules and
regulations that are consistent with those adopted by the City that prohibit the discharge into
the City's system and the Regional System of wastewater having the quality not specified
as admissible.
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(b) Admissible Wastes. Discharges into the City's system shall consist only of waste
that the Regional System is capable of treating:
(i) so that the effluent and sludge from the Regional System meets the current
legal standards of the EPA, the Commission or any governmental body having legal
authority to set standards for such effluents;
(ii) without causing damage to the City's system or the Regional System that
would result in increased maintenance costs;
(iii) without causing the City to incur excessive treatment costs under the
Wastewater Disposal Contract; and
(iv) which meets the requirements of the EPA Pretreatment Regulations, 40 CFR
Part 403, the City's applicable ordinances and the EPA -approved pretreatment
program for the Regional System.
(c) Prohibited Discharges. A list of prohibited discharges is included in § 10.403 of the
City's Sewage Pretreatment Program which is attached hereto as Exhibit "B". EPA and the
Commission periodically modify standards on prohibited discharges; therefore, revisions to,
additions to or deletions from the items listed in this Section will become necessary to
comply with these latest standards. It is the intention of this Agreement that prohibited
discharge requirements be reviewed periodically by the City and that Exhibit "B" be revised
by the City in accordance with the latest standards of EPA, the BRA, the Commission or
federal or state agency having regulatory authority over the discharges made to the Regional
System. Exhibit "B" may also be revised on the basis of changes in the treatment process or
the general character of wastewater received at the treatment works or indicated in the
monitoring data collected pursuant to the Regional System pretreatment program. City must
immediately notify R&R of any change to Exhibit "B", and R&R shall be responsible for
integrating such changes into its local sewer use regulations and assisting the City in
notifying all affected users of the change after receipt of the notice.
3.09 Industrial Wastes. R&R agrees to implement and enforce the City's pretreatment program
for all areas within R&R's service area, a copy of such pretreatment program being attached hereto
as Exhibit "B" R&R also covenants that it will have in effect and will enforce a sewer use ordinance
in accordance with EPA and Commission regulations or regulations of other governmental agencies
having lawful jurisdiction to set standards for waste discharges. Furthermore, R&R shall, at any
reasonable time upon request by the City, produce pretreatment program records for review.
It is also agreed that no new "Significant Industrial User" (as defined by 40 CFR 403.3(t) shall be
allowed to connect to the City's wastewater system without prior notification being given by the City
of the intent to connect. R&R will provide City with a copy of the draft sewer use permit and permit
application at the time such notification is given. All Significant Industrial Users located within
R&R's Service Area will also be required to obtain a sewer use permit.
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3.10. Regulations. Discharges to the City's wastewater system and the Regional System shall be
governed by the requirements set forth in the EPA pretreatment regulations, Commission
pretreatment regulations, the list of prohibited discharges, the Regional System pretreatment
program, the City's sewer use ordinances and R&R's sewer use regulations.
Periodically, BRA and or the City will promulgate a new list of prohibited discharges in
response to changes in federal or state requirements, changes in the treatment process, or the general
character of the wastewater received at the treatment works. The list of prohibited discharges will
contain pollutant allocations to the City and other customers. The City will be responsible for
developing specific local limits from the pollutant allocations and enforcing these limits through the
City's ordinances and sewer use permits. R&R agrees to cooperate with the City in complying with
the foregoing requirements and regulations.
ARTICLE IV
OTHER RIGHTS AND OBLIGATIONS OF R&R
4.01. Payment of Rate Charge. Upon receipt of the itemized statement of the amount of water
determined to be delivered to R&R, and the charges therefor, R&R shall pay the amount due on or
before the due date listed.
4.02. Resale of Water. R&R is expressly authorized to resell the water delivered hereunder to retail
customers only. R&R shall not sell or deliver water to any party outside R&R's Service Area without
prior approval of the City.
4.03. Closing of Wells. R&R agrees to cap and close all of its existing water wells and to not seek
to develop any other wells, except as allowed under Section 2.01.
4.04. Closing of Wastewater Treatment Facility. R&R agrees to close and dismantle all of its
existing wastewater treatment facilities and not seek to construct any other wastewater treatment
facilities, except as allowed under 3.01.
4.06. Rates and Fees R&R shall not be delinquent in the payment of water or wastewater charges
and fees to the City.
4.07. Inspection. R&R shall permit personnel of the City to conduct periodic inspections ofR&R's
system during reasonable hours and upon receiving 24 -hours prior notice.
4.08. Sanitary Control Agreement. To the extent is has such authority, R&R shall permit personnel
of the City to enter upon the property of any and all of R&R's customers for the purpose of
inspecting any and all connections made by such customers to R&R's water and wastewater lines.
Should the City have reasonable grounds to believe that any condition exists which might result in
contamination of the City's water supply, or jeopardize the City's certification by the State
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Department of Health, the City shall notify and R&R shall immediately take whatever legal means
possible to correct any such condition.
4.09. Compliance with Regulations. R&R shall operate the R&R Water Facilities and R&R
Wastewater Facilities in compliance with all applicable regulations of the City, the Texas
Department of Health, the Texas Natural Resource Conservation Commission, and the Federal
Environmental Protection Agency.
4.10. Quality Maintenance. R&R shall maintain the quality of water beyond the Point of Delivery
and provide necessary chlorination or other treatment so as to maintain the quality of water
throughout R&R's Service Area, and R&R agrees to submit samples of such water in accordance
with all federal and state requirements.
ARTICLE V
SERVICE CAPACITY DEMANDS
5.01 Living Unit Equivalents. The parties agree that the R&R's water and wastewater capacity
demand for the ultimate build -out of R&R's service area, as expressed in LUE's, is 230 .
5.02. Additional Capacity. Additional water and wastewater capacity requirements shall be
determined in the event of: (a) annexation of land to R&R's service area, consent of which must first
be obtained from the City, and (b) platting or replatting within the R&R's service area that affects
the capacity demands stated above. R&R is not prohibited from requesting additional capacity, but
R&R hereby acknowledges that for numerous reasons, such additional capacity may not be available
in a timely manner or even at all, at the sole discretion of the City.
ARTICLE VI
IMPACT FEES
6.01. Water and Wastewater Impact Fees for New Connection. For each new connection to its
water system, R&R agrees to pay any and all water and wastewater impact fees adopted by the City
Council which are applicable to all new connections to the City's utility systems. The impact fees
shall be adopted in accordance with Chapter 395 of the Texas Local Government Code. R&R agrees
to notify City on a monthly basis of all new connections to R&R's water system. The payment of all
impact fees shall be due and payable within thirty (30) days of the date of the connections to the
system. Failure to notify City of new connections or to pay the impact fees when due shall be
considered as a default of this Agreement.
6.02. Water and Wastewater Impact Fees for Existing Connections. The City and R&R agree that
there are 141 existing connections to R&R's water and wastewater systems. R&R agrees to provide
the City with names and address of the 141 existing connections. R&R agrees that upon execution
of this Agreement it is obligated to pay City water and wastewater impact fees of $1,946.25 for each
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existing connection for a total payment to the City of $ 274,421.25. This amount, plus interest
calculated at the rate of 7.5% per annum, is payable as follows: Principal and interest are payable
in equal monthly installments of $ 3,257.43, or more, each. From each of these installments the
accrued but unpaid interest on the outstanding principal will be deducted first, and the remainder will
be applied to payment of principal. The first installment is payable on the date which is thirty (30)
days after the Start Date and the others are payable regularly on or before the same day of each
succeeding month until the principal and interest have been paid in full. The annual interest rate on
matured unpaid amounts shall be 18% . R&R shall have the right to prepay the principal of this debt
in whole or in part at any time prior to its due date without premium or penalty. Failure to pay any
part of the principal or interest of this amount when due shall authorize the City to declare as
immediately due and payable the existing unpaid principal and to exercise any and all rights and
remedies provided by the Business and Commerce Code of Texas as well as all other rights and
remedies either at law or in equity possessed by City. R&R waives demand, presentment, notice of
dishonor, diligence in collection and notice of protest.
ARTICLE VII
NEGOTIATION AND MEDIATION OF DISPUTES
7.02. Agreement Regarding Remedies. The parties agree that their respective obligations under this
Agreement are unique and recognize that the City may be issuing its bonds to acquire, construct,
expand, improve or replace its water and wastewater system and may pledge the revenues from this
Agreement to secure payment of principal of, premium, if any, and interest on the bonds. The failure
by any party to perform its obligations under this Agreement would not be capable of being
appropriately remedied by award of damages to any other affected party to this Agreement and in
any event, such damages would be difficult, if not impossible, to determine because of the unique
nature of the parties' obligations to each other hereunder. Further, the parties agree that the remedy
of termination of this Agreement by any party is inappropriate and not in the public interest.
Therefore, the parties agree that they shall be entitled, and limited, to the remedies of specific
performance, mandamus and injunction in the event of any breach of any obligation by any party
under this Agreement. The parties hereby waive any requirement that they be required to provide
any bond or other surety in order to obtain any of the agreed upon remedies.
7.02. Agreement to Negotiate First to Resolve Issues. The parties agree to attempt first to resolve
disputes concerning this Agreement amicably by promptly entering into negotiations in good faith.
The parties agree that they will not refer any dispute to another dispute resolution procedure
including mediation or litigation until they have first made reasonable and good faith efforts to settle
their differences by joint negotiations conducted in a timely manner
7.03. Agreement to Mediate. If any dispute cannot be resolved through good faith negotiation, then
the parties shall endeavor to resolve the dispute by mediation as provided herein.
7.04. Presentation of Written Claim Regarding Disputes Not Resolved by Negotiation. In the event
that a dispute is not resolved as a result of such negotiations, either party may at any time give
formal written notice to the other of a "claim." A "claim" as used herein means a demand or assertion
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by one of the parties (the "claimant") seeking, as a matter of right, adjustment or interpretation of
contract terms, the payment of money, an extension of time for performance or other relief with
respect to the terms of this Agreement or any other dispute or matter in question among the parties
arising out of or related to this Agreement. Such notice shall be in writing. After such notice is given,
the dispute resolution procedure provided for below shall immediately enter into effect.
7.05. Performance During Mediation. The claimant shall continue with performance under this
Agreement pending mediation of the dispute.
7.06. Appointment of Mediator. Promptly following the making of a written claim by any party, the
parties will consult with one another to agree on the appointment of a mediator acceptable to all
parties. The mediator shall have experience in matters of the kind giving rise to the claim. If within
five (5) business days the parties are unable to agree on the appointment of a mediator, then any
party may request the appointment of a mediator by the Center for Public Policy Dispute Resolution
at the University of Texas at Austin School of Law. The parties shall endeavor to secure such
appointment from the Center for Public Policy Dispute Resolution within ten (10) business days
after the request for same is made. The parties agree to utilize the mediator appointed by the Center
unless they ultimately reach agreement on an alternative selection and give notice to the Center that
another selection has been made by agreement.
7.07. Rules for Mediation. The parties agree to the following stipulations concerning the conduct of
the mediation:
The mediator shall be impartial among the parties and shall have no conflict of interest.
The mediator shall not have any past, present or anticipated financial interest in the Agreement
except for the payment for services as mediator nor shall the mediator have been previously
employed or acted as a consultant, attorney, employee, engineer, architect, contractor or
subcontractor of any party nor have any present or anticipated future engagement of the kind
described. Before the engagement of the mediator is finalized, the mediator shall provide to the
parties a disclosure statement containing a resume of experience, a description of past, present or
anticipated future relationships to the System and the parties, their engineers, contractors,
subcontractors, attorneys, architects, or consultants.
The mediation shall be held at a time and location mutually agreeable to the parties and the mediator
provided, however, that the mediation shall commence no later than fifteen (15) business days
following the confirmation of appointment.
At least five (5) business days prior to the mediation, the claimant shall submit to the parties and the
mediator a statement of the claimant's position, the issues that need to be resolved and a summary
of the arguments supporting the claimant's position. At least two (2) business days prior to the
mediation, the responding parties shall submit their written response to the claimant's statement and
provide a summary of their arguments in response.
12
If the parties agree that independent expert or technical advice would be helpful in facilitating a
negotiated resolution of the dispute, the mediator may make arrangements to obtain such advice, and
may, with the agreement of the parties, make arrangements for an independent expert to render a
non-binding advisory opinion with respect to any technical matters in dispute after hearing the
contentions of the parties with respect thereto. The expenses of obtaining such independent advice
or advisory opinion shall be borne equally by the parties.
No party shall engage in any private interview, discussion or argument with the mediator concerning
the subject matter of the mediation.
The fees of the mediator and any other costs of administering the mediation shall be borne equally
by the parties unless otherwise agreed among them in writing.
The mediator may promote settlement in any manner the mediator believes appropriate at one or
several mediation sessions as agreed to by the parties. The mediation shall continue only so long as
desired by the parties and with the consent of all of them.
Mediation sessions shall be private unless otherwise required by law. Persons other than the
representatives of the parties may attend mediation sessions only with the permission of all parties
and the consent of the mediator.
All communications made in the course of the mediation process including any advice or advisory
opinions rendered shall be confidential in accordance with V.T.C.A. Civil Practice and Remedies
Code, § 154.073.
7.08. Mediation Not Applicable to Failure to Make Payments. Regardless of anything contained
herein to the contrary, the agreement to resolve disputes by mediation, shall not apply to disputes
arising out of R&R's failure to pay the water and wastewater rates and/or impact fees when due. City
may exercise its right to terminate this Agreement for failure to make payments without first
participating in mediation.
ARTICLE VIII
TERM OF AGREEMENT
The term of this Agreement shall be for thirty (30) years from the effective date of this Agreement,
at which time this Agreement shall expire unless extended by mutual consent.
ARTICLE IX
FORCE MAJEURE
Neither party shall be liable to the other party or any user of the water service for the failure of either
party to perform its obligations herein where the failure results from force majeure. The term "force
majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial
disturbances, acts of public enemy, orders of any kind of the government of the Untied States or the
13
State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government
and people, civil disturbances, or explosions. It is understood and agreed that the settlement of
strikes and lockouts shall be entirely within the discretion of that party and that the requirement that
any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of
strikes and lockouts by acceding to the demands of the opposing party or parties when such
settlement is unfavorable in the judgment of such party.
ARTICLE X
MISCELLANEOUS PROVISIONS
10.01. Governmental Regulation. This Agreement shall be subject to all valid rules, regulations and
laws applicable hereto passed or promulgated by the United States of America, the State of Texas
or any governmental body or agency having lawful jurisdiction or any authorized representative or
agency of any of them. In each instance herein where reference is made to a federal or State
regulation, it is the intention of the parties that at any given time the then current edition of any such
federal or State regulation shall apply. The City and R&R agree that their obligations under this
Agreement shall include compliance with the requirements made under said laws, and any rules and
regulations issued pursuant thereto. New standards shall be adopted by the City and R&R which are
in compliance with applicable State and federal laws and any valid rules and regulations issued
pursuant thereto.
10.02. Cooperation to Assure Regulatory Compliance. Since the City must comply with all federal,
state and local requirements to obtain permits, grants and assistance for water and wastewater system
construction, studies, etc., R&R will cooperate with the City in good faith at all times to assure
compliance with any such governmental requirements where noncompliance or non-cooperation by
R&R may subject the City to penalties, loss of grants or other funds, or other adverse regulatory
action. In making the determinations called for herein, the City covenants that such determinations
will be made only after informing R&R, after detailed studies of statistical data available as to the
need and feasibility have been made, and after consulting with engineers and financial advisors.
10.02. Waiver. No failure on the part of either party to this Agreement to require the performance
by the other party of any portion of this Agreement shall in any way affect either party's right to
enforce such provision, nor shall any waiver by either party be taken or held to be a waiver of any
other provisions. No rights under this Agreement may be waived and no modification or amendment
to this Agreement may be made except by written amendment executed by the parties.
10.03. Notice and Opportunity to Cure. Notwithstanding any provision in this Agreement, on the
occurrence of an event of default under this Agreement and prior to any right of City or R&R to
declare an event of default, accelerate payment or exercise any remedy under this Agreement, R&R
or the City shall have the right to written notice of default specifically stating the default
claimed("Default Notice") and the opportunity to cure such default or condition giving rise to City's
14
right to declare a default or take any remedial action. If the defaulting party fails to cure any default
or conditions specified in the notice which can be cured by the payment of money within ten (10)
business days of the date that party receives the Default Notice, or fails to commence the cure of any
default or condition within twenty (20) business days from the date that party receives the Default
Notice and thereafter diligently pursue such cure to completion, then the non -defaulting party may
declare an event of default under this Agreement and exercise all other remedies including but not
limited to the remedies set forth herein.
10.04. Termination. If either party to this Agreement defaults in the performance of any of the terms
or conditions of this Agreement after having received proper notice, the non -defaulting party may
without further notice to terminate this Agreement.
10.04. Regulatory Agencies. This Agreement shall be subject to all valid rules, regulations, and laws
applicable thereto, passed or promulgated by the United States of America, the State of Texas, or
any governmental body or agency having lawful jurisdiction. R&Rand the City shall comply with
all applicable statutes, rules and regulations as may now exist or as may be promulgated by the State
of Texas and its administrative agencies and the United States of America and its administrative
agencies.
10.05. Headings. All headings in the Contract have been inserted for convenient reference only and
shall not in any manner be construed as modifying, amending, or affecting in any way the express
terms and provisions hereof.
10.06. Indemnification. R&R agrees to indemnify and hold the City harmless from any claims which
are made against the City which arise as a result of R&R's negligence in the operation of R&R's
Water System. Likewise, the City agrees to indemnify and hold R&R harmless from any claims
which are made against R&R which may arise as a result of the City's negligence in the operations
of the City's Water System.
10.07. Addresses and Notice. Unless otherwise provided in this Agreement, any notice,
communication, request, reply, or advice (herein severally and collectively, for convenience, called
"Notice") herein provided or permitted to be given, made or accepted by either party to the other
must be in writing and may be given or be served by depositing the same in the United States mail
postpaid and registered or certified and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party, or by prepaid telegram, when
appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner
hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of four (4) days after it is so deposited. Notice given in any
other manner shall be effective only if and when received by the party to be notified. For the purpose
of Notice, the addresses of the parties shall, until changed as hereinafter provided, be as follows:
If to City, to:
City of Round Rock
221 East Main Street
15
Round Rock, Texas 78664
Attention: City Manager
With copy to:
Stephan L. Sheets
Attorney at Law
309 East Main Street
Round Rock, Texas 78664
If to R&R, to:
R. Kip Lewis
R&R Mobile Home Joint Venture
109 East Main Street
Round Rock, Texas 78681 (Round Rock, Texas 78664)
With copy to:
John J. Carlton
Armbrust Brown & Davis, L.L.P.
100 Congress Avenue, Suite 1300
Austin, Texas 78701
The parties shall have the right from time to time and at any time to change their respective
addresses and each shall have the right to specify as its address any other address by at least fifteen
(15) days' written notice to the other party.
10.08. Severability. The provisions of this Agreement are severable, and if any provision or part of
this Agreement or the application thereof to any person or circumstance shall ever be held by any
court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this
Agreement and the application of such provision or part of this Agreement to other persons or
circumstances shall not be affected thereby.
10.09. Modification. This Agreement shall be not subject to change or modification without the
express written mutual consent of the governing bodies of each of the parties hereto.
10.10. R&R's Authorization. This Agreement and all of its provisions have been authorized,
approved and entered into by R&R .
10.11. City Authorization. This Agreement and all of its provisions have been authorized, approved
and entered into by the City by virtue of action taken by the City Council pursuant to law and has
been executed by its Mayor, and attested by its Secretary, upon its authority of a resolution passed
at a meeting of the Round Rock City Council held on the 27`t' day of January, 2000.
The effective date of this Agreement is January 27, 2000.
16
THE CITY OF ROUND ROCK, TEXAS
221 East Main Street
Round Rock, Texas 78664
ATTEST:
AVYLU
LAND, City Secretary
R&R MOBILE HOME JOINT VENTURE 109 East Main Street
Round Rock, Texas 78664
By:
R.
is Gen= a1 ' artner
17
Guaranty
In consideration of ten and no/100 dollars ($10.00) and other good and valuable consideration,
receipt of which is hereby acknowledged, R. Kipp Lewis guarantees the performance due from R&R
Mobile Home Joint Venture to the City of Round Rock, Texas under the foregoing Agreement. R.
Kipp Lewis guarantees the performance of R&R Mobile Home Joint Venture in all respects.
Dated this 27th day of January, 2000.
18
Nov -01-99 09:37A Lewisinvestments
512 246 9167 P_02
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
CERTIFICATE OF CONVENIENCE AND NECESSITY
To Provide Water Service Under V.T.C.A., Water Code
and Texas Natural Resource Conservation Commission Substantive Rules
Certificate No. 11986
I. Certificate Holder:
Name: R & R Mobile Home Joint Venture
Address: 1102 Martin Avenue
Round Rock, Texas 78681
II. General Description and Location of Service Area:
The area covered by this certificate is generally located
approximately 10 miles south of downtown Georgetown, Texas, on
County Road 172 between U.S. Highway 35, McNeil Road, and Farm to
Market Road 1325. The service area is generally bounded on the on
the west by County Road 172 and on the southwest by Martin Avenue
in Williamson County, Texas.
Dual certification exists with the City of Round Rock.
III. Certificate Maps:
The certificate holder is authorized to provide water service in
the area identified on the Commission's official service area map,
WRS-246, maintained in the offices of the Texas Natural Resource
Conservation Commission, 1700 North Congress, Austin, Texas with
all attendant privileges and obligations.
This certificate is issued under Application No. 30110-S and subject to
the rules and orders of the Commission, the laws of the State of Texas,
conditions contained herein and may be revoked for violations thereof.
The certificate is valid until amended or revoked by the Commission.
Issued Date:
JAN 111994
ATTEST:/1c 1'�i Gl. !/
EXHIBIT
`A"
ommission
Nov -01-99 09:37A lewis investments
512 246 9167 P.03
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
CERTIFICATE OF CONVENIENCE AND NECESSITY
To Provide Sewer Service Under V.T.C.A., Water Code
and Texas Natural Resource Conservation Commission Substantive Rules
Certificate No. 20653
I. Certificate Holder:
Name: R & R Mobile Home Joint Venture
Address: 1102 Martin Avenue
Round Rock, Texas 78681
II. General Description and Location of Service Area:
The area covered by this certificate is generally located
approximately 10 miles south of downtown Georgetown, Texas, on
County Road 172 between U.S. Highway 35, McNeil Road, and Farm to
Market Road 1325. The service area is generally bounded on the on
the west by County Road 172 and on the southwest by Martin Avenue
in Williamson County, Texas.
Dual certification exists with the City of Round Rock.
III. Certificate Maps:
The certificate holder is authorized to provide sewer service in
the area identified on the Commission's official service area map,
WRS-246, maintained in the offices of the Texas Natural Resource
Conservation Commission, 1700 North Congress, Austin, Texas with
all attendant privileges and obligations.
This certificate is issued under Application No. 30110-5 and subject to
the rules and orders of the Commission, the laws of the State of Texas,
conditions contained herein and may be revoked for violations thereof.
The certificate is valid until amended or revoked by the Commission.
Issued Date: JAN 11 1994
ATTEST : i -A-1 Gr.6211001r_
For t,e/Commission
10.400 10.402
SECTION 10.400 SEWAGE PRETREATMENT PROGRAM
This section adopts by reference, the applicable regulations of Title 40 Code of Federal
Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources
of Pollution," and other applicable State and Federal laws, including but not limited to,
the Clean Water Act. These regulations are herein referred to as General Pretreatment
Regulations.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
10.401 PURPOSE AND APPLICABILITY
(1) Purpose
This section forms the basis of the City of Round Rock's pretreatment program
to regulate nondomestic discharges to its sewage collection and treatment
facilities. Regulation of such discharges is necessary to prevent interference with
the operation of the facilities, to prevent pass-through of the treatment facilities,
and to prevent any other condition which would be incompatible with the
facilities.
(2) Applicability
This section shall be applicable to all nondomestic dischargers to the city's public
owned treatment works (POTW).
10.402 DEFINITIONS
(1) The following words and phrases shall have the meanings herein:
Act or "the Act" means the Federal Water Pollution Control Act, also known as
the Clean Water Act, 33 U.S.C. Section 1251 et.seq.
Approval Authority means the Regional Administrator of the United States
Environmental Protection Agency.
Approved Test Procedures means those procedures found at Title 40 Code of
Federal Regulations, Part 136 and those alternate procedures approved by the
Administrator of the United States Environmental Protection Agency under the
provisions of Title 40.
Authorized Representative of User means a duly authorized representative of a
user in accordance with the General Pretreatment Regulations.
EXHIBIT
VI
10.402
10.402
BOD (biochemical oxygen demand) means the oxygen required for the
biochemical degradation of organic material in five (5) days at twenty degrees
Celsius (20'C), expressed in milligrams per liter (mg/L), as determined by
approved test procedures.
Categorical User means a user that is subject to the National Categorical
Standards.
City means the City of Round Rock, Texas or any authorized person acting in
its behalf.
Cooling Water means the water discharged from any system of condensation,
such as air conditioning, cooling, and refrigeration systems.
COD (chemical oxygen demand) means the measure of the oxygen equivalent of
the organic matter content that is susceptible to oxidation by a strong chemical
oxidant, expressed in mg/L as determined by approved test procedures.
Composite sample means a sample resulting from the combination of individual
aliquots taken at equal intervals based on increments of time, flow or both.
Control Authority means the City Manager, Director of Public Works or a duly
authorized representative.
Control Point means point of access to a user's sewer where sewage monitoring
can be done.
Dilution means the addition of any material, either liquid or nonliquid, or any
other method to attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the national categorical
standards or local limits set by this section.
Director means the City of Round Rock Director of Public Works or his
authorized representative unless otherwise specified.
Domestic Sewage means water -borne materials normally discharged from sanitary
conveniences of dwellings, including apartment houses and hotels, office
buildings, factories and institutions, free from storm water, utility and process
discharges. Normal domestic sewage means normal sewage for Round Rock,
Texas, in which the average daily concentration of biochemical oxygen demand
(BOD) and total suspended solids (TSS) are established at two hundred -fifty (250)
mg/L each, on the basis of the normal contribution of twenty -hundredths (0.20)
pounds per capita per day each, and in which the average daily concentration of
chemical oxygen demand (COD) is established at four hundred -fifty (450) mg/L.
It is further expressly provided that for the purpose of this section, any discharge
that exceeds the above concentration of BOD, TSS or COD shall be classified as
nondomestic and made subject to all regulations pertaining thereto, whether or
not such discharge was partially of domestic origin.
424
10.402 10.402
Environmental Protection Agency (EPA) means the U.S. Environmental Agency,
or where, appropriate, The Regional Water Management Division director, or
other duly authorized official of said agency.
Existing Source means any source of discharge, the construction or operation of
which commenced prior to the publication by EPA 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.
General Pretreatment Regulations means Title 40 Code of Federal Regulations,
Part 403, "General Pretreatment Regulations for Existing and New Sources of
Pollution."
Grab sample means an individual sample collected without regard to flow in a
time not to exceed fifteen minutes.
Headworks means the location where raw (untreated) sewage is introduced into
the sewage treatment facilities.
Interference is as defined in the General Pretreatment Regulations.
Maximum Allowable Discharge Limit means maximum concentration of a
pollutant allowed to be discharged at any time, determined from the analysis of
any discrete or composite sample collected, independent of the industrial flow
rate and the duration of the sampling event.
Monthly Average Limit means a discharge limit based on the average of the
analytical results of all samples for a parameter taken during a calendar month
using approved methods for both sampling and analysis.
National Categorical Standards means the pretreatment regulations of Title 40 of
the Code of Federal Regulations, Chapter I, Subchapter N, "EPA Effluent
Guidelines and Standards."
New Source shall mean the following:
(a) 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:
(i) The building, structure, facility or installation is
constructed at a site which no other source is located; or
(ii) The building, structure, facility or installation totally
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
425
10.402
10.402
(iii) 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.
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 Title 40 CFR 403.3(k)(1)(ii)
and Title 40 CFR 403.3(k)(1)(iii) but otherwise alters, replaces,
or adds to existing process or production equipment.
(c) Construction of a new source as defined herein has commenced
if the owner or operator has:
(i) Begun, or caused to begin as part of a continuous onsite
construction program any placement, assembly, or
installation of facilities or equipment; or 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
(ii) 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.
Noncontact cooling water means water used for cooling that does not come into
direct contact with any raw material, intermediate product, waste product, or
finished product.
Noncategorical User means a user that is not subject to the national categorical
standards.
Nondomestic Sewage means a discharge to the POTW that is not domestic
sewage.
Nonprocess flows means sewage that is not classified as domestic or process,
such as non -contact cooling water, cooling tower blowdown, air conditioner
condensates, and demineralizer blowdown.
426
10.402 10.402
Outfall means a discharge of sewage that is expressly identified by the Control
Authority for control and monitoring purposes.
Overload means the imposition of mass or hydraulicloading on a treatment
facility in excess of its engineered design capacity.
Pass-through means a discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges form other sources, is a cause of a violation of any
requirement of the City of Round Rock NPDES permits, including an increase
in the magnitude or duration of a violation.
Person means any individual, partnership, copartnership, 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 and local governmental entities.
ff means the logarithm (base 10) of the reciprocal of the hydrogen ion
concentration.
Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain
characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity, or odor).
POTW (Publicly Owned Treatment Works) means the sewage treatment works
owned by the City of Round Rock. This definition includes any devices and
systems used in the storage, treatment, recycling and reclamation of sewage. It
includes sewers, pipes, and other conveyances only if they convey sewage the
City of Round Rock POTW.
Pretreatment means 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 discharging or otherwise introducing such pollutants into a
POTW. The reduction or alteration may be obtained by physical, chemical or
biological processes, process changes or by other means, except as prohibited by
40 CFR 403.6(d).
Pretreatment Requirements means all of the requirements that are set forth in this
Section 10.400.
Process Flow means sewage that is generated during manufacturing or
processing, which comes into direct contact with or results from the production
or use of any raw material, intermediate product, finished product, by-product,
or waste product.
427
10.402
10.402
Removal is as defmed in the General Pretreatment Regulations.
Sewage means solids, liquids, or gaseous materials discharged to the City's
POTW. Sewage includes both domestic and nondomestic sewage.
Sewer (sanitary sewer) means an artificial pipe or channel that carries sewage
and to which storm water and ground water are not intentionally admitted.
Significant User means a user that: (1) is subject to national categorical
' standards; (2) discharges an average of twenty-five thousand (25,000) gallons per
day (gpd) or more of process flow to the POTW; (3) discharges process flow
which makes up five (5) percent or more of the average dry weather hydraulic
or organic capacity of the POTW treatment plant, or; (4) has a reasonable
potential, in the opinion of the Control Authority, to adversely affect the POTW
treatment plant.
Slug Load means any discharge at a flow rate or concentration which could cause
a violation of the prohibited discharge standards stated herein.
Standard Industrial Classification (SIC) means a classification pursuant to the
Standard Industrial Classification Manual issued by the Office of Management
and Budget.
Storm Water means any flow occurring during or following any form of natural
precipitation, and resulting from such,precipitation, including snowmelt.
Surcharge means the additional wastewater service charge incurred by any user
discharging waste containing higher concentrations of BOD, TSS and COD than
those defmed for domestic sewage herein.
To Discharge includes to deposit, conduct, drain, emit, throw, run, allow to
seep, or otherwise release or dispose of, or to allow, permit or suffer any of
these acts.
TSS (total suspended solids, nonfilterable residue) means solids that either float
on the surface or are in suspension, measure at one hundred -three to one
hundred -five degrees Celsius (103-105'C), expressed in mg/L, as determined by
approved test procedures.
User means a discharger of any nondomestic sewage to the POTW. A user
includes, but is not limited to, any individual, firm, company, partnership,
corporation, group, association, organization, agency, city county, or district.
(2) The meaning of all terms used in this Section 10.400 that are not defined above
shall be as defined in Title 40, Code of Federal Regulations.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
428
10.403 10.403
10.403 PRETREATMENT STANDARDS
There are three types of pretreatment standards: prohibited discharge standards -
including general, specific,and dilution prohibitions; national categorical standards; and
local limits. These standards shall apply to a user whether or not the .user is subject to
other federal, state, or local requirements.
The standards in this subsection shall apply to each user, as applicable. Users in an
industrial manufacturing category specified in Title 40 of the Code of Federal Regulations
Chapter I, Subchapter N, "EPA Effluent Guidelines and Standards", shall be subject to
prohibited discharge standards, national categorical standards, and local limits. Other
users shall be subject to prohibited discharge standards and local limits. Where these
standards overlap, the most stringent standard shall apply to the user.
The Control Authority, at his discretion, has the right to apply these standards to
individual nondomestic discharges before they are commingled.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(1) Prohibited Discharge Standards
(a) General Prohibitions
A user may not discharge to the POTW any material which causes
pass-through or interference.
(b) Specific Prohibitions
The following shall not be discharged to the POTW:
(i)
Discharges which are capable of creating a fire or explosion
hazard in the POTW. These discharges include, but are not
limited to, discharges with a closed cup flashpoint of less than
140'F, as determined by a Pensky-Martens Closed Cup Tester,
using the test method specified in ASTM (American Society for
Testing and Materials) standard D-93-79 or D -93-80k or a
Setaflash Closed Cup Tester, using the test method specified in
ASTM standard D-3278-78;
(ii) Discharges which will cause corrosive structural damage to the
POTW, but in no case discharges with pH lower than 5.5 or
greater than 9.5;
(iii) Discharges containing (1) solid or viscous materials in amounts
which will cause obstruction to the flow in or proper operation
of the POTW resulting in interference; (2) any materials such
as wax, grease, oil, or plastics that will solidify or become
discernibly viscous at temperatures between thirty-two and one
429
10.403 10.403
hundred -fifty degrees Fahrenheit (32-150'F); (3) petroleum oil,
nonbiodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass through; (4) any
materials such as ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, whole blood,
paunch manure, hair and fleshings, entrails, lime slurry, lime
residues, slops, chemical residues, paint residues or bulk solids
in such quantities capable of causing interference with the
POTW; or (5) free or emulsified oil and grease in combination
exceeding one hundred (100) mg/L;
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(iv) Discharges having a temperature higher than 150'F (65'C), or
any discharge which contains heat in amounts which will inhibit
biological activity or cause interference with the POTW, but in
no case heat in such quantities that the temperature at the
headworks of the POTW exceeds 104'F (40'C);
(v) Discharges that contain any noxious or malodorous materials
which can form a gas, which either singly or by interaction with
other discharges, are capable of causing objectionable odors; or
hazard to life; or creates any other condition deleterious to the
POTW; or requires unusual provisions, attention, or expense to
handle;
(vi)
Discharges which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute
workers health and safety problems;
(vii) Discharges that are capable of causing excessive discoloration in
the POTW effluent;
(viii) Discharges with unusual flow and concentration, including those
with oxygen demanding materials, at a flow rate or concentration
which will cause interference with the POTW, or if such
materials can cause damage to collection facilities, impair the
treatment processes, incur excessive treatment cost, or cause the
city to be noncompliant with the conditions of its discharge
permits;
(ix) Discharges classified by the Texas Water Commission as a
hazardous waste at 31 TAC (Texas Administrative Code)
Chapter 335 without the written approval of the control
authority;
430
10.403 10.403
(x) Discharges containing radioactive materials without, the written
approval of the control authority; or
(xi) Materials that are trucked or hauled in, except at discharge
points that are designated by the control authority.
(xii) Discharges containing a BOD (biochemical oxygen demand) or
TSS (total suspended solids) concentration in excess of 7,000
mg/L;
- (xiii) Discharges from steam cleaning and chemical cleaning businesses
unless a facility or process is provided that will produce an
effluent compliant applicable Pretreatment Requirements. There
shall be no discharge of visible foam.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(c) Dilution Prohibitions
(i)
No user shall ever add any material, either liquid or nonliquid,
or in any other way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance
with the national categorical standards or local limits.
(ii) This prohibition does not include dilution which is a normal part
of the production process or a necessary part of the process to
treat a waste, such as adding lime for neutralization or
precipitation, or the mixture of compatible wastes in order to
treat at capacity levels rather than treating wastes in small
batches.
(iii) The control authority, at his discretion, may impose mass
limitations on a user that is using dilution to meet applicable
pretreatment standards or requirements, or in cases where the
imposition of mass limitations is appropriate.
(2) National Categorical Standards
National Categorical standards apply to specific industrial subcategories under
Title 40 of the Code of Federal Regulations, Chapter I, Subchapter N, "EPA
Effluent Guidelines and Standards." A user that falls into one of these
subcategories shall be subject to the pretreatment standards applicable to that
subcategory and is classified as a categorical user.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
431
10.403 10.403
(3) Local Limits
Local limits are quantitative limits on discharges applicable to all users. Local
limits are designed to meet the general and specific prohibitions in subsections
10.403 (1)(a) and (b).
(a) ... Existing Local Limits'`' wt,
5;41-,
Local limits are periodically reviewed by the control authority and
revised as necessary to respond to changes in federal, state, or Local
regulations, environmental': -protection',Criteria;' plant design and
operational criteria, and the nafure`of industrial discharges to the POTW.
Local limits are as follows: ''^q`
Constituent'
Maximum Allowable
Concentration in a
Daily Composite, mg/L
Cadmium 0.2
Chloroform 4
Chromium (total) 17
Copper 3.5
Ethyl benzene 16
Lead 0.5
Naphthalene 15
Nickel 4.5
Silver 0.07
Tetrachloroethylene
(perchloroethylene) 5
Toluene 14
Zinc 3.8
(b) Case-by-case Local Limits
Local limits that have not yet been established for a material may be
developed on a case-by-case, specific user basis. A user must have the
case-by-case local limit(s) included in a permit before discharging to the
POTW.
'Limits for metals based on unfiltered samples
432
10.404 10.405
10.404 SIGNIFICANT USERS
(1) Option to Exclude Noncateaorical Users
The control authority need not list as significant any noncategorical user that, in
the opinion of the control authority and with the agreement of the approval
authority, has no potential for adversely affecting the POTW s operation or for
violating any of the Pretreatment Requirements.
(2) Delisting of Noncatesorical Users
Any noncategorical user that has been listed as a significant user may petition the
control authority to be removed from the significant user list and reclassified as
nonsignificant on the grounds that it has no potential for adversely affecting the
POTW's operation or for violating any of the Pretreatment Requirements.
(3) Notification Requirements
If a noncategorical user has been listed as a significant user by the control
authority for whatever reason, prior to removal from the list, the control
authority will notify the approval authority.
10.405 DISCHARGE PERMITS
(1) Required
All users shall obtain a permit from the control authority in order to discharge
nondomestic sewage to the city's POTW. Permit applications shall be submitted
to the control authority prior to permit issuance. Either the owner or operator of
a user's facility shall submit the application.
(2) Denial or Condition of Permit
The control authority has the right to deny or condition a permit for any
nondomestic discharges not meet the Pretreatment Requirements or would cause
the city to be noncompliant with the conditions of the city's discharge permits.
(3) Permit Conditions
(a) Minimum Conditions
The permit will contain the following minimum conditions:
(i) Period during which the permit is effective, in no case greater
than five (5) years;
433
10.405
10.405
(ii) Transferability of the permit to a new owner or operator
allowable only with notification and approval of control
authority;
(iii) Limits on the volume and quality of sewage discharged based on
the Pretreatment Standards. •
•
Requirements for'self-monitoring programs such as location,
type, and frequency of sampling, measurement, and analysis.
(iv)
(v) Requirements for notifications, reports, and record keeping.
) Other Conditions
The following conditions, as applicable, will be in the permit:
(i) Conditions and compliance schedule necessary to achieve
compliance with the Pretreatment Requirements.
(ii)
Plans to prevent and control spills and batch discharges.
(iii) Any other conditions necessary to ensure compliance with the
Pretreatment Requirements, and other federal, state and local
requirements.
(iv) A statement requiring that all reports contain the certification
statement at 40 CFR 403.6(a)(2).
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(4) Permit Application Form
Applications for new permits, permit renewals, and permit modifications shall
be made on a standard form provided by the control authority. Applications shall
be submitted to the control authority.
(5) Existing Users
Significant users with existing nondomestic discharges prior to March 14, 1990,
shall submit a permit application before September 15, 1990. Other users with
existing nondomestic discharges prior to March 14, 1990 shall submit a permit
application before June 15, 1990. Existing users shall be allowed to discharge
nondomestic sewage without a permit until the control authority has issued the
user a permit, if the user has submitted a permit application within the applicable
time period.
434
10.405
(6) New Users
10.405
A new user shall submit a permit application and obtain a permit before
discharging to the POTW. An application shall be submitted by significant users
at least one hundred eighty (180) days before the date the discharge will begin.
It is recommended that an application be submitted by other users at least ninety
(90) days before the date the discharge will begin.
(7). Discharge and Permit Modifications
If a user with a discharge permit wishes to add or change a process or operation
which would change the nature or increase the quantities of materials discharged
to the POTW such that the user would be noncompliant with the user's permit
requirements or the Pretreatment Requirements, the user shall obtain approval by
the control authority prior to making these additions or changes to the discharge.
Approval shall be given by the control authority by a modification, or revocation
and reissuance of the permit. A significant user shall submit an application for
permit modification at least one hundred eighty (180) days before the date the
change in discharge is expected to begin. It is recommended that an application
be submitted by other users at least ninety (90) days before the date the change
in discharge is expected to begin.
(8) Permit Renewal
A permit may have a period of duration UP to five (5) years. A permit shall be
renewed by submitting an application for permit renewal. An application shall be
submitted by significant users at least one hundred eighty (180) days before the
expiration date of the existing permit. An application for other users shall be
submitted at least ninety (90) days before the expiration date of the existing
permit.
(9) Re -Opening of Permit
The control authority has the right to re -open a permit before its expiration date
to include compliance schedules, or to achieve compliance with new or revised
Pretreatment Requirements, federal, state, or local requirements.
(10) Changes in Owner or Operator
(a) Transfer of Permit
A permit shall only be transferred to a new owner or operator if the
following conditions are met. The expiration date of the permit is not
extended by the transfer. The control authority will send to the new
owner or operator a revision to the permit to reflect the change in owner
or operator.
(i) The nature of the discharge or operation of the facility will not
change under the new owner or operator;
435
10.405 10.407
(ii) The current owner or operator notifies the control authority at
least thirty (30) days in advance of the proposed transfer date;
(iii) The notification includes a written agreement between the current
and new owner or operator containing a specific date for transfer
of permit responsibility, coverage, and liability between them;
and
(iv) The control authority does not notify the current and new owner
or operator of the control authority's intent to revoke and reissue
the permit. If the control authority does not notify, the transfer
is effective on the date specified in the written agreement.
(b) Revocation and Reissuance of Permit
If above conditions in paragraph (a) are not met, the control authority
shall require the new owner or operator to submit a permit application
as a new user and obtain a permit before discharging to the POTW. In
addition, the current owner or operator shall notify the control authority
at least thirty (30) days in advance of the proposed date on which the
ownership will change.
10.406 REMOVAL CREDITS
(1) ` The control authority may, at his discretion, grant removal credits to a
categorical user to reflect removal by the POTW of materials specified in the
national categorical standards. The control authority may grant a removal credit
equal to or, at his discretion, less than the POTW's consistent removal rate.
Removal credits may only be given for indicator or surrogate materials regulated
in a national categorical standard if the standard so specifies.
(2) A user shall submit a removal credit application to the control authority. Written
approval by the control authority shall be obtained prior to taking the removal
credit. Application shall be made on a standard form provided by the control
authority.
(3)
The control authority has the right to grant removal credits only after meeting the
requirements of the General Pretreatment Regulations.
10.407 NOTIFICATION REOUIREMENTS
Notification to the control authority is required for any of the following. The timing,
content, and form of notification are established either in the discharge application or
discharge permit, as applicable.
(1) A condition or event that would cause pass-through of or interference with the
POTW, including slug loadings as defined by subsection 10.403 (1)(b)(viii).
436
10.407 10.408
(2) Permit noncompliance.
(3) Bypasses and upsets.
(4) A change in pretreatment processes.
(5) A change in monitoring facilities such as location and type of equipment.
(6) Discharges of hazardous waste.
Discharges containing radioactive materials.
(8) Other appropriate conditions or events to ensure compliance with the
Pretreatment Requirements, and other federal, state, or local requirements.
10.408 REPORTING REOUIREMENTS
(1) Baseline Report
Categorical users shall submit baseline reports in accordance with the General
Pretreatment Regulations.
(a) Within either one hundred eighty (180) days after the effective date of
the categorical pretreatment standard, or the final administrative decision
on a category determination under 40 CFR 403.6(a)(4), whichever is
later, existing categorical users currently discharging to or scheduled to
discharge to the POTW shall submit to the Control Authority a report
which contains the information listed in paragraph (b) below. At least
ninety days prior to commencement of their discharge, new sources, and
sources that become categorical users subsequent to the promulgation of
an applicable categorical standard, shall submit to the Control Authority
a report which contains the information listed in paragraph (b) below. A
new source shall report the method of pretreatment it intends to use to
meet applicable categorical standards. A new source also shall give
estimates of its anticipated flow and quantity of pollutants to be
discharged.
(b) Users described above shall submit the following:
(i) Identifying Information - The name and address of the facility,
including the name of the operator and owner.
(ii) Environmental Permits - A list of any environmental control
permits held by or for the facility.
(iii) Descriptions of Operations - A brief description of the nature,
average rate of production, and standard industrial classifications
437
10.40$ 10.408
of the operation(s) carried out by such user. This description
should include a schematic process diagram which indicates
points of discharge to the POTW from the regulated processes.
(iv) 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 to the combined wastestream formula.
(v) Measurement of Pollutants - The categorical pretreatment
standards applicable to each regulated process. The results of
sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the Control
Authority, 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 collected and analyzed in accordance with
procedures set out in 40 CFR 136.
(vi) Signature and Certification - All baseline monitoring reports
must be signed and certified in accordance with 40 CFR 403.6
(a)(2).
(2) Compliance Schedule Progress Reports
(3)
(a) Should additional pretreatment or operation and maintenance be required
to meet pretreatment standards, a compliance schedule will be issued.
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 facilities required
for the user to meet the applicable pretreatment requirements.
(b)
No increment shall exceed nine months;
(c) The user shall submit a progress report to the Control Authority no later
than fourteen days following each date in the schedule and the final date
of compliance. This report shall include as a minimum, whether or not
the user complied with the progress increments, reasons for any delays,
and steps being taken by the user to return to the established schedule.
Reports on Compliance with Cateeorical Pretreatment Standard Deadline
Within ninety 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 user
subject to such pretreatment, standards and requirements shall submit to the
Control Authority a report containing the information described in 10.408(1)(b)
herein. For users subject to equivalent mass or concentration limits established
438
10.408 10.408
in accordance with 40 CFR 403.6(c), this report shall contain a reasonable -
measure of the user's long-term production rate. For all other users subject to
categorical pretreatment standards expressed in terms of allowable pollutant
discharge per unit of production this report shall include the user's actual
production during the appropriate sampling period. All compliance reports must
be signed and certified in accordance with 40 CFR 403.6(a)(2). Categorical users
shall submit reports in accordance with the General Pretreatment Regulations on
compliance schedule progress, compliance with categorical pretreatment standard
deadlines, and continued compliance with categorical pretreatment standards.
(4) Periodic Reports on Continued Compliance
(a) - All significant industrial users shall, at a frequency determined by the
Control Authority but in no case less than twice per year, submit a report
indicating the nature and concentration of pollutants and the estimated or
measured daily maximum and average flows of the discharges to which
pretreatment requirements are applicable. All periodic reports must be
signed and certified in accordance with 40 CFR 403.6(a)(2).
The Control Authority may require all other users and/or persons
discharging nondomestic wastewater into the POTW to submit
appropriate reports concerning the nature and concentration of pollutants
in the discharge.
(b)
(5) Reports of Additional Samples Taken
If a user subject to pretreatment requirements monitors any pollutant more
frequently than required using approved test procedures, the results of this
monitoring shall be included in the periodic reports.
(6) Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the
Control Authority with twenty-four (24) hours of becoming aware of the
violation. The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the Control Authority within thirty (30) days after
becoming aware of the violation.
(7) Sample Collection and Monitoring Requirements
All sampling techniques and pollutant analyses used for compilation of data
required to be submitted as part of a wastewater discharge application or report
required by any pretreatment requirement shall be performed in accordance with
the techniques prescribed in Title 40, Code of Federal Regulations, Part 136
unless otherwise specified in an applicable categorical pretreatment standard.
439
10.408 10.409
(8) Additional Reports
The Control Authority has the right to request any additional reports from- a user
that are necessary to assess and assure compliance with the Pretreatment
Requirements.
(9) Record Keeping
•
(a) Users subject to the reporting requirements of this ordinance shall retain,
and make available for inspection and copying, all records of information
obtained pursuant to any monitoring activities required by this ordinance
and additional records obtained pursuant to monitoring activities
undertaken by the user independent of such requirements.
(b)
Records shall include the date, exact place, method, and time of the
sampling and the name of the person(s) taking the sample; dates analyses
were performed; who performed the analyses; the analytical techniques
or methods used; and the results of the analyses.
(c) Records shall remain available for a period of at least three (3) years.
This period shall be automatically extended for the duration of any
litigation concerning the user of the Control Authority, or where the user
has been specifically notified of a longer retention period by the Control
Authority.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
10.409 PRETREATMENT FACILITIES
Users shall provide pretreatment facilities if they are necessary in order to comply with
the pretreatment standards in 10.403 of this ordinance.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(1) Approval of Proposed Pretreatment Facilities
Plans, specifications, and any other pertinent information related to proposed
pretreatment facilities for significant users shall be submitted to the control
authority. Other users may be requested by the control authority to submit plans,
specifications, and any other pertinent information related to proposed
pretreatment facilities. Construction of such facilities prior to acceptance by the
control authority may be done solely at the risk of the user. This acceptance shall
in no way relieve the user of the obligation to install, operate, maintain and, if
necessary, modify the pretreatment facilities to maintain compliance with the
Pretreatment Requirements. Pretreatment facilities shall be constructed so as to
provide the following:
(a) Prevention of prohibited discharges from entering a sewer;
440
10.409
10.409
(b) Control of the quantities and rates of discharge of nondomestic sewage
into a sewer; and
(c) An accessible entry so that any authorized employee of the city may
readily and safely inspect and monitor the nondomestic discharges.
(2) Pretreatment Facilities To Be Maintained
Pretreatment facilities shall be maintained in satisfactory and effective operation
by the user at the user's expense. Operation and maintenance records shall be
maintained by the user as specified in the user's discharge permit.
(3) Accidental Discharge/Slug Control Plans
Users discharging nondomestic wastewater into the POTW shall provide
protection from the accidental discharge of prohibited wastes. Prior to the
commencement of any nondomestic discharge and at Least once every two years
the Control Authority shall evaluate whether each significant user requires an
accidental discharge/slug control plan. The Director may require any user to
develop, submit for approval, and implement such a plan. Alternatively, the
Director may develop such a plan for any user. Each plan shall include the
following as a minimum:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the Director of any accidental or
slug discharge, as required by section 10.407 of this ordinance.
(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 runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants, measures and equipment for emergency response
and any other procedures deemed necessary to prevent accidental/slug
discharges from entering the POTW.
(4) Additional Pretreatment Measures
(a) Whenever deemed necessary, the Control Authority may require user 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 POTW and determine the user's compliance with the
requirements of the ordinance.
441
10.409 10.410
(b) Grease, oil and sand interceptors shall be provided when deemed
necessary by the Control Authority for the proper handling of wastewater
containing excessive amounts of grease and oil or sand. Such interceptors
shall not be required for residential users. All interception units shall be
of type and capacity approved by the Control Authority and shall be so
located to be easily accessible for cleaning an inspection. Such
interceptors shall be inspected, cleaned, and repaired regularly, as
needed, by the user at their expense.
(c) Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
10.410 INSPECTION. SURVEILLANCE. AND MONITORING
(1) Minimum Monitoring Requirements
(a) Significant users shall be required to self -monitor to meet, at a minimum,
the requirements of the General Pretreatment Regulations.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(2) Sampling and Analysis
(a) Significant users shall meet the requirements of the General Pretreatment
Regulations for sampling and analysis. Other users shall meet the
requirements for sampling and analysis as stated herein or in the user's
control document.
(b)
For all users, containers, preservation techniques, and holding times for
samples shall comply with methods and procedures found at Title 40
Code of Federal Regulations, Part 136.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(c) For all users, sample analysis shall be in accordance -with approved test
procedures. The control authority, at his discretion, may specify which
approved test procedure shall be used.
(d) Type of samples (grab or composite) and flow measurement shall be
consistent with the type of discharge and parameters being regulated and
shall be specified by the control authority in the permit.
442
10.410
(3) Control Point
10.411
A user shall provide a control point for the purpose of sampling and flow
measurement. The location and design of the control .point shall be approved by
the Control Authority. The control point shall be placed.so that nondomestic
sewage can be sampled and measured prior to any commingling with domestic
sewage or nonprocess flows. Written approval of exceptions to this requirement
shall be obtained by a user from the Control Authority.. It is recommended that
the control point for sampling and flow measurement be at the same location.
Flow may be determined by water supply meter measurements if no other flow
device is available and no other source of raw water is used. Other methods for
estimating wastewater discharge flow must approved by the Control Authority.
(4) Inspection and Entry
The Control Authority or his duly authorized representative, Federal and State
Officials, upon presentation of credentials and other documentation as may be
required by law, shall be permitted to gain access to such properties as may be
necessary for the purpose of inspection, observation, sampling, set up and use
of monitoring equipment, and inspection and copying of records having a direct
bearing on the discharges of nondomestic sewage. Unreasonable delays in
allowing access to the user's premises shall be a violation of this ordinance.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(5) Use of Contractors
The control authority may select an independent contractor to conduct the
independent monitoring by the city.
10.411 ENFORCEMENT
(1) Administrative Order
In addition to any other actions or remedies authorized in this ordinance, the
Control Authority or its duly authorized representative is authorized to enforce
this Section 10.400 through the exercise of any one or more of the following
administrative actions. Unless otherwise expressly set forth herein, the selection
or use of one such action or remedy by the Control Authority shall not be
construed to prevent the Control Authority from pursuing any other enforcement
actions or remedies nor require the pursuit of a particular action or remedy as a
condition precedent to the use of any other such action or remedy.
(2) Notice of Violation
The Control Authority shall serve a user that is found noncompliant with the
Pretreatment Requirements with a notice stating the nature of the noncompliance.
443
10.411 10.411
Any violation of pretreatment standards incurs immediate liability. Each day of
violation constitutes a separate noncompliance.
Within thirty (30) days after the date of receipt of this notice, a user shall submit
a written response to the Control Authority with an explanation of the
noncompliance, what steps are currently being taken to prevent the
noncompliance, and a plan for the correction and continued prevention of the
noncompliance. Submission of this response in no way relieves the user of
liability for any violations occurring before or after receipt of the notice of
violation.
(3) Consent Order
The Control Authority may enter into Consent Orders, assurances of voluntary
compliance, or other similar documents establishing an agreement with any user
responsible for noncompliance. Such documents will include specific action to be
taken by the user to correct the noncompliance within a time period specified by
the document.
(4) Show Cause Hearing
The Control Authority may order a user which has violated or continues to
violate, any provision of this ordinance, a wastewater discharge permit or
enforcement action issued, or any other pretreatment requirement, to appear the
Director and show cause why the 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 cause why the proposed enforcement action should not
be taken. The notice of the meeting shall be served by hand or certified mail at
least ten days prior to the hearing. Such notice may be served on any authorized
representative of the user. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the user.
(5) Compliance Order/Compliance Schedules
(a) Applicability
(b)
If a user cannot comply with the pretreatment standards in section 10.403
or any other pretreatment requirement, the Control Authority may
provide a compliance order containing a schedule for achieving
compliance.
Allowable Time for Compliance
The compliance schedule shall be the shortest time in which the user is
able to provide pretreatment facilities or changes in operation and
maintenance that will achieve compliance. If a user is given a compliance
schedule for national categorical standards, the completion date of this
schedule shall not be later than the compliance date established for the
10.411 10.411
applicable national categorical standard and shall be in accordance with
the General Pretreatment Requirements. A user shall not continue
discharging in noncompliance of the Pretreatment Requirements beyond
the time limit provided in the compliance schedule.
(c) Form of Compliance Schedule
Compliance schedules may be provided by the Control Authority by
notice of noncompliance, enforcement order, or as part of the discharge
permit. The Control Authority has the right to re -open a user's discharge
permit in order to add a compliance schedule.
(6) Cease and Desist Order
When the Control Authority finds that a user has violated, or continues to
violate, any provision of this Section 10.400, a wastewater discharge permit or
order issued herein, or any other pretreatment standard or requirement, or that
the user's past violations are likely to recur, the Control Authority may issue an
order to the user directing it to cease and desist all such violations and directing
the user to:
(a) Immediately comply with all requirements; and
(b)
Take such appropriate remedial or preventive actions may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
(7) Authority to Disconnect Service
(a) Conditions for Disconnection
The City shall have the right to disconnect a user's sewer service when
a user's discharge reasonable appears to:
(i) Damage sewer lines or POTW treatment processes;
(ii) Cause the City to be noncompliant with the conditions of its
discharge permits;
(iii) Present an endangerment to the environment or which threatens
to interfere with the operation of the POTW; or
(iv) Present an imminent endangerment to the health or welfare of
persons.
(b) Notification
In the case of an imminent endangerment to the health or welfare of
persons, the Control Authority shall give oral or written notice to a user
445
10.411
10.411
before disconnecting sewer service. Under all other conditions for
disconnection, the control Authority shall give written notice to a user
before disconnection. Within ten (10) days after receipt of notification of
disconnection, the user must submit a written response to the Control
Authority with an explanation of the cause of the problem and what
measures have and will be taken to prevent any future occurrence.
Submission of this response in no way relieves the user of liability for
any violations occurring before or after receipt of the notice of
disconnection.
(c) Reconnection of Service
The user's sewer shall remain disconnected until such time that the user
has demonstrated that the cause of this noncompliance has been
eliminated.
(d) Liability
The City shall not be liable for any resulting damage to the user's
property as a result of disconnection under the conditions for
disconnection.
(8) Termination of Permit
A user that violates any of the following conditions may be subject to permit
termination:
(a) Failure to report a reasonable estimate of the volume and quality of its
nondomestic sewage.
(b) Failure to notify the Control Authority of a change in process or
operation which would significantly change the nature or increase the
quantities of materials discharged to the POTW that would cause the user
to be noncompliant with its discharge permit requirements or the
Pretreatment Requirements.
(c) Refusal of right of entry to the user's premises in accordance with
Subsection I of this ordinance.
(d) Intentional violation of permit conditions.
(e) Falsifying information.
(f) Failure to pay sewer charges or fines.
(9) Injunctive Relief
The Control Authority may seek injunctive relief to restrain or compel actions
of a user.
446
10.411 10.411.01
(10) Civil and Criminal Penalties
The Control Authority has the right to seek or assess civil or criminal penalties
in at least the amount of one thousand dollars ($1000) per day for each violation
of the user's permit or the Pretreatment Requirements.
(Ordinance No_ G -94-05-26-9B of May 26, 1994)
10.411.01 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
(1) Upset
(a) Upset means an exceptional incident in which there is unintentional and
temporary noncompliance with pretreatment requirements because of
factors beyond the reasonable control of the user. 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 pretreatment requirements if the following provisions
are met.
(c) A user who wishes to establish the affirmative defense of upset shall
demonstrate through properly signed contemporaneous operating logs or
other relevant evidence that:
An upset occurred and the user can identify the cause(s) of the
upset;
The facility was being operated properly and in compliance with
applicable and appropriate operation and maintenance
procedures; and
Within twenty-four (24) hours of becoming aware of the upset
the user has submitted the following information to the Control
Authority: (1) a description of the nature of the discharge and
cause of the noncompliance; (2) a statement of the period of
noncompliance, including the exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to
continue; and (3) evidence of the steps being taken and/or
planned to reduce, eliminate, and prevent recurrence of the
noncompliance.
(vi) In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
447
10.411.01 10.411.01
(v) Users will have the opportunity for judicial determination on any
claim of upset only in an enforcement action brought for
noncompliance with categorical pretreatment standards.
(vi) Users shall control production of all . discharges to the extent
necessary to maintain compliance with pretreatment requirements
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 for the treatment
facility is reduced, lost, or fails.
(2) amass
(a) Bypass means the intentional diversion of wastestreams from any portion
of a user's treatment facility.
(b) Severe property damage .means (1) substantial physical damage to
property, (2) damage to the treatment facilities which causes them to
become inoperable, or (3) substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of
a bypass.
(c) A 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.
(d) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the Control Authority at least ten days before the date of the
bypass, if possible.
(e) A user shall submit oral notice to the Control Authority of an
unanticipated bypass that exceeds applicable pretreatment requirements
within twenty-four hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five days from the
time the 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 recurrence of the bypass.
The Control Authority may waive the written report on a case-by-case
basis if proper oral notice has been given.
(t)
Bypass is prohibited, and the Control Authority may take an enforcement
action against a user for a bypass, unless
(i) Bypass was unavoidable to prevent Loss of life, personal injury,
or severe property damage;
448
10.411.01 10.412
(g)
(ii) 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
(iii) The user submitted notices as stated herein.
The Control Authority may approve an anticipated bypass, after
considering its adverse effects, if the Control Authority determines that
it will meet the three conditions in paragraph (e) above.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
10.412 PERMIT FEES AND SURCHARGES
(1) Applications
A user is subject to the following application fees:
Significant Other
Users Users
New permit $100 $25
Permit renewal $100 $25
Permit modification $100 $25
Removal credit - A fixed fee for a removal credit application cannot be given
because of the circumstances of each user and constituent the credit is applied for
are highly variable. Any user or group of users wishing to apply for a removal
credit shall assume responsibility for all costs incurred by the city.
(2) Surcharge for Higher Concentrations
Than Domestic Sewage
Users shall be assessed a sewer surcharge for nondomestic sewage that contains
concentrations of BOD, TSS, and COD higher than those defined for domestic
sewage herein. The surcharge shall be in addition to any other sewer charges
required by other city ordinances. If a user has more than one nondomestic
outfall identified in a permit, the surcharge shall be applicable to the daily
discharges and not charges.
(a) When Surcharge Shall Be Applied
A user shall be subject to a surcharge when its nondomestic discharge
daily average total:
449
10.412
10.412
(i) Exceeds a BOD concentration of two hundred fifty (250) mg/L;
(ii) Exceeds ' a total suspended Solids concentration of two
hundred -fifty (250) mg/L; or ,:
?a'
• (iii) Exceeds a COD concentration•of four hundred fifty (450) mg/L.
Computation of Surcharge
For those users with discharges exceeding a COD concentration of four
hundred -fifty (450) mg/L, the surcharge shall be based on COD in lieu
of BOD. Coniputations of siircharges shall be based on the formulas
below. The surcharges for individual BOD or COD and TSS are
additive.
(b)
(i) BOD surcharge
Slum = V x 8.34 (A[BOD - 250])
(ii) TSS surcharge
STss = V x 8.34 (B[TSS - 2501)
(iii) COD surcharge
Scop = V X 8.34 (C[COD - 4501)
where:
S = Sum of surcharges in dollars that will appear on the
user's monthly bill.
V = Monthly average volume of nondomestic discharge in
millions of gallons whichever is the Least of the
following volumes: (1) total monthly water consumption
during the billing period, (2) the average water
consumption for the billing periods of December,
January, and February of each fiscal year, or; (3) the
total estimated or measured nondomestic discharge as
determined by methods specified in the user's permit.
8.34 = Conversion factor for units of measure in surcharge
equations.
A = $.27 per pound of BOD
B = $.27 per pound of TSS
C = $.27 per pound of COD
450
10.412 10.413
BOD = BOD concentration in mg/L. For more than one
nondomestic discharge, this shall be the flow -weighted
concentration.
TSS = total suspended solids concentration mg/L. For more
than on nondomestic discharge, this shall be the flow -
weighted concentration.
COD = COD concentration in mb/L. For more than one
nondomestic discharge, this shall be the flow -weighted
concentration.
250 = normal daily average BOD and TSS concentration in
mg/L.
450 = normal daily average COD in mg/L.
(Ordinance No. G -93-05-13-11C of May 13, 1993)
(c) Sampling and Analysis
The city shall sample for BOD, TSS, and COD. The time of sampling
shall be at the sole discretion of the control authority. The control
authority may select an independent contractor to conduct the sampling
and/or analyses.
(d) Period of Surcharge
If analyses for BOD, TSS, or COD shows that a surcharge is applicable,
the surcharge shall be retroactive for two (2) monthly billing periods and
shall continue for four (4) monthly billing periods.
(e) Costs of Analyses
When analyses show that a surcharge shall be applied, a fee of fifty
dollars ($50.00) shall be added to a user's bill to cover the sampling,
handling, and laboratory analyses. When analyses show that a surcharge
shall not be applied, then this fee shall not be added to the user's bill.
(3) Fees Shall Be Periodically Reviewed
In order to ensure an equitable cost recovery system, the control authority shall
periodically review the fees and adjust them as appropriate.
10.413 CONFIDENTIALITY
Any information provided by a user that is claimed as confidential by the user shall be
treated in accordance with the confidentiality requirements of the General Pretreatment
451
10.4I3 10.500
Regulations. All other information which is submitted by the user to the City shall be
available to the public at least to the extent provided by Title 40 Code of Federal
Regulations, 403.14.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
10.414 RIGHT OF REVISION
The city shall have the right the revise the Pretreatment Requirements to ensure
compliance with federal, state, or local requirements.
10.415 PUBLIC PARTICIPATION
The City shall comply with the public participation requirements of Title 40 Code of
Federal Regulations, 403.8(f)(2)(vii) in the enforcement of these Pretreatment
Requirements.
(Ordinance No. 2463 of March 8, 1990 as amended by Ordinance No. G -94-05-26-9B of May
26, 1994)
SECTION 10.500 CREATION OF MUNICIPAL UTILITY DISTRICTS
Each request or petition to the city for its written consent for the creation of a municipal
utility district shall be accompanied by a fee of five thousand dollars ($5,000.00) which
shall be paid to the city to defray the expense of reviewing and responding to said request
or petition.
(Ordinance No. 2078 of November 22, 1983)
452
10.600 10.603
SECTION 10.600 ENVIRONMENTAL SERVICES FEES
Fees established in this Section shall be periodically reviewed and adjusted to ensure an
equitable cost recovery system.
10.601 This Section reserved for future use.
10.602 This Section reserved for future use.
10.603 ANALYTICAL AND SAMPLING FEES
(1) Applicability
The fees described herein do not apply to any sampling event or analytical work
initiated by the City for the purposes of its own routine testing and monitoring.
(2) Analytical Fees
(a) Analytical Fees for Wastewater
Fees for wastewater tests are as follows:
Biochemical Oxygen Demand (BOD)
Total Suspended Solids (TSS)
Chemical Oxygen Demand (COD)
(b) Water Bacteriology Fees
Fees for bacteriological analysis shall be $10.00 per water sample.
(3) Sampling Fees
$15.00 per sample
$15.00 per sample
$15.00 per sample
(a)
(b)
The sampling fee for wastewater discharge is S75.00 per sampling event.
The wastewater discharge sampling event consists of a twenty-four hour
composite sample taken by automatic sampler. The scheduling of this
service is subject to approval and availability of the appropriate Public
Works personnel.
(4) Payment of Fees
Fees for analytical or sampling work requested by a water or wastewater customer
of the City shall be billed to the customer on the monthly utility bill. Fees for
analytical or sampling work requested by persons or entities that are not water or
452.1 Supplement No. 3
10.603
10.604
wastewater customers of the City must be paid in advance at the Public Works
office. Requests for analytical or sampling work must be accompanied by the
appropriate paper work and evidence of payment, if applicable.
10.604 RECYCLING CENTER FEES
(1) Purpose
The purpose of this section is to establish a cost recovery mechanism for the
handling and managing of materials at the City of Round Rock Recycling Center,
making use of the Recycling Center fair and equitable to all persons.
(2) Definitions
(3)
The following words shall have the meanings given them in this subsection.
Brush means branches, limbs, and other parts of trees, shrubs, bushes, and similar
vegetation which have been cut, lopped, or broken. The term "brush", as used
herein, does not include grass clippings, leaves, or construction debris.
Large Load means a load of brush that is greater than four (4) cubic yards in
volume.
Medium Load means a load of brush that is greater than or equal to two. (2) but
less than four (4) cubic yards in volume.
Resident means a person or individual living within the corporate boundaries of
the City of Round Rock, Texas.
Small Load means a load of brush less than two (2) cubic yards in volume that
is generated by normal residential yard maintenance.
Brush Handling
The fees for disposing of brush at the City of Round Rock Recycling Center are
as follows:
(a) Small Load Resident no charge
(b) Small Load Nonresident $15.00 per load
(c) Medium Load $20.00 per load
(d) Large Load 540.00 per load
(Ordinance No. G -97-03-27-10A of March 27, 1997)
452.2 Supplement No. 3
DATE: January 21, 2000
SUBJECT: City Council Meeting — January 27, 2000
ITEM:
1
13.A.2. Consider a resolution authorizing the Mayor to execute a Water
and Wastewater Agreement with Round Rock Mobile Horne Joint
Venture. This agreement provides for the City to supply water and
wastewater treatment service to Round Rock Mobile Home Joint
Venture, the present utility supplier of the Blessing Mobile Home
area. Staff Resource Person: Jim Nuse, Public Works Director.
Negotiations between Kip Lewis and the City Staff began in June of 1999 and this item was
first presented to the Council in September. The proposed Agreement is also included in your
packet. The City will receive water and wastewater impact fees for the 141 existing customers
in the amount of $1,946.25, which is a 25% discount from $2,679 which is the amount of the
impact fees in place prior to August 1, 1999. (Current water and wastewater impact fees are
$3,429.) The impact fees for the existing customers will be paid over 10 years at the rate of
3,257.43 per month including 7.5% interest. Future customers will pay the impact fees in
effect on the date they connect to the system.
The initial rate for water will be $1.27 per 1000 gallons of water delivered plus a monthly
demand charge of $850.00.
The initial rate for wastewater will be $3.03 per 1000 gallons of wastewater accepted at the
point of entry.
The term of the Agreement is 30 years.