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O-90-2463 - 3/8/1990ORDINANCE NO. ,C- -- 4 5 AN ORDINANCE AMENDING CHAPTER 10, SECTION 7, INDUSTRIAL WASTES, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 10, Section 71 Industrial Wastes, Code of Ordinances, City of Round Rock, Texas, is herebyamended to as follows: read TABLE OF CONTENTS Section 7: Pretreatment Program A. Purpose and Applicability 1 (1) Purpose 1 (2) Applicability 1 B. Definitions 1 C. Pretreatment Standards 4 (1) Prohibited Discharge Standards 4 (a) General Prohibitions 4 (b) Specific Prohibitions 4 (c) Dilution Prohibitions 6 (2) National Categorical Standards 7 (3) Local Limits 7 (a) Existing Local Limits 7 (b) Case-by-case Local Limits 8 D. Significant Users 8 (1) Option to Exclude Noncategorical Users 8 (2) Delisting of Noncategorical Users 8 (3) Notification Requirements 8 E. Discharge Permits 8 (1) Applicability 8 (2) Denial or Condition of Permit 9 (3) Permit Conditions 9 (a) Minimum Conditions 9 (b) Other Conditions 9 (4) Permit Application Form 10 (5) Existing Users 10 (6) New Users 10 (7) Discharge and Permit Modifications 10 (8) Permit Renewal 10 (9) Re -opening of Permit 11 (10) Changes in Owner or Operator 11 (a) Transfer of Permit 11 (b) Revocation and Reissuance of Permit 11 F. Removal Credits 12 G. Notification Requirements 12 H. Report Requirements 13 (1) Baseline Report 13 (2) Compliance Reports 13 (3) Additional Reports 13 I. Pretreatment Facilities 13 (1) Approval of Proposed Pretreatment Facilities 13 (2) Pretreatment Facilities To Be Maintained 14 i 1 J. Inspection, Surveillance, And Monitoring 14 (1) Minimum Monitoring Requirements 14 (2) Sampling and Analysis 14 (3) Control Point 15 (4) Inspection and Entry 15 (5) Use of Contractors 15 K. Enforcement (1) Notice of Noncompliance 15 (2) Compliance Schedules 16 (a) Applicability 16 (b) Allowable Time for Completion 16 (c) Form of Compliance Schedule 16 (3) Authority to Disconnect Service 16 (a) Conditions for Disconnection 16 (b) Notification 17 (c) Reconnection of Service 17 (d) Liability 17 (4) Termination of Permit 17 (5) Injunctive Relief 18 (6) Civil and Criminal Penalties 18 L. Fee Schedule 18 (1) Applications 18 (2) Surcharge for Higher Concentrations 18 (a) When Surcharge Shall Be Applied 19 (b) Computation of Surcharge 19 (c) Sampling and Analysis 20 (d) Period of Surcharge 20 (e) Costs of Analyses 20 (3) Fees Shall be Periodically Reviewed 21 M. Confidentiality 21 N. Right of Revision 21 O. Public Participation 21 SECTION 7: PRETREATMENT PROGRAM This section adopts by reference, the applicable regulations ul of Subpart 40 Code of Federal Re g g ations, Part 4 03, "General Regulations Regulatons for Existing and New Sources of Pollution," herein referred to as General Pretreatment Regulations. "Key0111 10466 (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, t es, to prevent pass-through of the treatment facilities, and to prevent any other condition which would be incompatible with the facilities. �!!HOT mom This section shall be applicable to all nondomestic dischargers to the City's POTW. The following words and phrases shall have the meanings herein: Approved Test --Procedures means those procedures found at Subpart 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 Subpart 40. Authorized Representative of User means a duly authorized representative of a user in accordance with the General Pretreatment Regulations. BOD (biochemical oxygen demand) means the oxygen required for the biochemical degradation of f g 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. Cateaoriral 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. 1 C (chemical oxygen demand) means the measure of the oxygen equivalent of the organic matter content that is susceptible le to oxidation by a strong chemical oxidant, expressed in m L y a as determined b g� approved test procedures. Control Authority ty means the City Manager or his 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 nonliquid, or any other method to attempt to dilute aq or discharge as a partial or complete substitute for adequate treatment to achieve compliance 4 to p ance with the national categorical standards or local limits set by this section. Domestic Sewage means water -borne materials normally discharged from sanitaryconveniences of dwellings , including apartment houses and hotels, office buildings, factories and institutions, free from storm water, utility,and process s discharges. Normal domestic sewage means normal sewage f Round Rock, Texas, in which the average daily concentration of BOD and TSS are established at two hundred-fifty250 mg/L each on the ( ) basis of the normal contribution of twenty- hundreths (0.20) pounds per capita per day each and in which c the average daily concentration of COD is established at four hundred -fifty (450) mg/L. It is further expresslyprovided that for the purpose of this p p 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 g or not such discharge was partially of domestic origin. General Pretreatment Reaulatmeans Subpart 40 Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution." Headworks means the location where raw (untreated) sewage is introduced into the POTW treatment facilitiesg . Interference is as defined in the General Pretreatment Regulations. Na Tonal_ Categorical Standards means the pretreatment regulations of Subpart 40 of the Code of Federal Regulations, Chapter I, Subchapter N " p , "EPA Effluent Guidelines and Standards." Noncategorical User means a user that is not subject to the national categorical standards. 2 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 noncontact cooling water, cooling tower blowdown, air conditioner condensates, and demineralizer blowdown. 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 hydraulic loadingon Y excess is engineered design a treatment facility in of i capacity. Pas s-thro yah is as defined in the General Pretreatment Regulations. pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration. PQTW (Publicly Owned Treatment Works) means the sewage sewa e 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, i es and other p p ► conveyances only if they convey sewage to the City of Round Rock POTW . Pretr _atment Reaui rements means all of the requirements that are set forth in this section. Process Flows means sewage that is generated during manufacturing or processing, which comes into direct contact with or results from the production or use of any Y raw material, intermediate p t, finished product, by-product, or waste product. Removal is as defined 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 means an artificial pipe or channel that carries sewage and to which storm water and ground water are not intentionally admitted. sianificant User means a user that is: (1) subject to national categorical standards; (2) discharges an average of twenty-five thousand (25, 000) gallons per day (gpd) or more 3 of process flow to the POTW; (3) discharges process flow which makes up five (5) percent or more of the average dry Y weather hydraulic or organic capacity of the POTW treatment plant, or; ( 3 ) has a reasonable potential, in the opinion of the Control Authority, to adversely affect the POTW treatment plant. To DiScha rae 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. �(total suspended solids, nonfiltrable residue) means solids that either float on the surface or are in suspension, measured at one hundred -three to one hundred -five degrees Celsius (103-105°C) expressed i p n 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 rou � g pr association, organization, agency, cit y, county, or district. I Iwo .01, "OR 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 national, state, or local requirements. The standards in this subsection shall apply to each user, as applicable. Users in,an industrial manufacturing category y specified in Subpart 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 g 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. (1) Prohibited ted Di charge Standards A user may not discharge to the POTW any material which causes pass-through or interference. FWG 4 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 one hundred forty degrees Fahrenheit (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; 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; Discharges containing solid or viscous materials in amounts which will cause obstruction to the flow in or proper operation of the POTW resulting in interference. Discharges shall not contain any materials such as wax, grease, oil, or plastic that will solidify or become discernibly viscous at temperatures between thirty-two and one hundred -fifty degrees Fahrenheit (32-150°F) . Discharges shall not contain 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. Discharges shall not contain free or emulsified oil and grease in combination exceeding one hundred (100) mg/L; (iv) Discharges having a temperature higher than one hundred -fifty degrees Fahrenheit (150°F) (sixty-five degrees Celsius, 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 one hundred -four degrees Fahrenheit 5 (104°F) ( forty degrees Celsius, 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; (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. (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. G (2) (3) 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. 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. National categorical standards apply to specific industrial subcategories under Subpart 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 e pretreatment standards applicable to that subcategory and is classified as a categorical g y lcal user. Local limits are quantitative limits on discharges applicable to all users. g Local limits are designed to meet the general and specific prohibitions in Subsections C (1) (a) and (b) . 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 nature of industrial discharges to the POTW. Local limits are as follows: Constituent* Cadmium Chloroform Chromium (total) Copper Ethyl benzene Lead 7 Maximum Allowable Concentration in a Daily Composite, mg/L 0.2 4 17 3.5 16 0.5 10 E. Naphthalene Nickel Silver Tetrachloroethylene (perchloroethylene) Toluene Zinc 15 4.5 0.07 5 14 3.8 *Limits for metals based on unfiltered samples (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. 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. 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, 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, All users shall obtain a permit from the Control Authority in order to discharge nondomestic sewage to 0 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. The Control Authority has the right to deny or condition a permit for any nondomestic discharges that do not meet the Pretreatment Requirements or would cause the City to be noncompliant with the conditions of the City's discharge permits. M I 11 . 11 • 1V • t The permit will contain the following minimum conditions: (i) Period during which the permit is effective, in no case greater than five years; Transferability of the permit to a new owner or operator allowable only with notification and approval of Control Authority; Limits on the volume and quality of sewage discharged based on the Pretreatment Standards. (iv) Requirements for self-monitoring programs such as location, type, and frequency of sampling, measurement, and analysis. (v) Requirements for notifications, reports, and recordkeeping. The following conditions, as applicable, will be in the permit: (i) Conditions and compliance schedule necessary to achieve compliance with the Pretreatment Requirements, Plans to prevent and control spills and batch discharges. Any other conditions necessary to ensure compliance with the Pretreatment Requirements, and other federal, state and 9 local requirements. 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 ) Existina 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. (6 ) New Users 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. • - 1 ! ' ' 11= 0 • � so Kloi10 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. 10 A permit may have a period of duration up to f ive ( 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, +" • !" 1 • • i 11 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. (a) Transfer of Permi A permit shall only be transferred to a new owner or operator if the following condit ions 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; (ii ) The current owner or operator notifies the Control Authority at least thirty ( 30 ) days in advance of the proposed transfer date; 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. If above conditions in paragraph (a) are not met, the Control Authority shall require the new owner 11 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. (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. G. NOTIFICATION REQUIREMENT 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 C (1) (b) (viii) . (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. (7) Discharges containing radioactive materials. 12 (8 ) Other appropriate conditions or events to ensure compliance with the Pretreatment Requirements, and other federal, state, or local requirements. '•§, -0.1 X011JA; 0 rMw Categorical users shall submit baseline reports in accordance with the General Pretreatment Regulations. •11!P a Irellrel[tw z4MA163-4 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. 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. ' +0 J" _Dft,"V 10 Users will provide pretreatment facilities if they are necessary in order to comply with the pretreatment standards in Subsection C. (1) Approval of Proposed Pretreatment Fa i 1 i t i P� 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; 13 (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. I-! - • 10. ! !-. 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. fit "1011 !I I 101 -AM 1l•! • OR !• M Z-! it 0 0 W. -I11-! (a) Categorical users shall be required to self -monitor to meet, at a minimum, the requirements of the General Pretreatment Regulations. (b) Users that have the potential to routinely discharge nondomestic sewage that contains concentrations of BOD, TSS, and COD higher than those defined for domestic sewage herein shall be independently monitored by the City for flow, BOD, TSS, COD, and pH at least once a year. The Control Authority shall determine which users have this potential. (c) The City shall independently monitor all other users for flow, BOD, TSS, COD, and pH at a frequency in relation to their potential impact on the POTWr as determined by the Control Authority. (d) The Control Authority may increase the frequency and/or add parameters to self-monitoring P a user's self monitoring program or the City's independent monitoring program to ensure compliance with the Pretreatment Requirements. _il! !• _!! �!win (a) Categorical users shall meet the requirements of the General Pretreatment Regulations for sampling and analysis. (b) For all users, containers, preservation techniques, and holding times for samples shall comply with methods and procedures found at Subpart 40 Code of Federal Regulations, Part 136, 14 (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. 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. •" •! !!M _ !11M The Control Authority or his duly authorized representative, 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. The Control Authority may select an independent contractor, to conduct the independent monitoring by the City. The Control Authority shall serve a user that is found noncompliant with the Pretreatment Requirements with written notice stating the nature of the noncompliance. 15 Within thirty (30) days after the date of receipt of this notice, a user shall submitp 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. •ttiF 0 R; ! - ! - • M - If a user cannot comply with the pretreatment standards in Subsection Cr the Control Authority may provide a schedule for achieving compliance. P • •UZ #73=0 4tt- • • tt! - • 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 isiven a oval t categorical compliance schedule for national g standards, the completion date of this schedule shall not be later than the compliance date established for the 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. • tt •MON "064;41 - -, - 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. M01163w= Me - Mmoloi-ovewail The City shall have the right to disconnect a user's sewer service when a user's discharge reasonably appears to: (i) Damage sewer lines or POTW treatment processes, 16 Cause the City to be noncompliant with the conditions of its discharge permits Present an endangerment to the environment or which threatens to interfere with the operation of the POTW (iv) Present an imminent endangerment to the health or welfare of persons �•FOXMIN•! 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 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 P 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. 1111MG10KONWOMO O-OkfAm- 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. 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 17 change the nature or increase the quantities of materials discharged to the POTW that would cause the user to be noncompliant with its discharge Pretreatment permit requirements or the Pr g Requirements. (c) Refusal of right of entry to the user'sremises in accordance with Sub P Subsection I of this ordinance. (d) Intentional violation of permit conditions. (e) Falsifying information. (f) Failure to pay sewer charges or fines. (5 ) In un ct ive Relief The Control Authority may seek injunctive relief to restrain or compel actions of a user. (6 ) Civil and Criminal Penal t- i P c 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, L . FEE SCHEDULE (1) App1 icat i ons 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. An p 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 Hiaher Concentrations Users shall be assessed a sewer surcharge for nondomestic sewage that contains concentrations of BOD W 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 average total of all nondomestic discharges and not the individual nondomestic discharges. A user shall be subject to a surcharge when its nondomestic discharge daily average total: (i ) Exceeds a BOD concentration of two hundred - fifty (250) mg/L; Exceeds a total suspended solids concentration of two hundred -fifty (250) mg/L; or Exceeds a COD concentration of four hundred - fifty (450) mg/L. (b) Computation of Surcharge For those users with discharges exceeding a COD concentration of four hundred -fifty ( 4 50 ) mg/L, the surcharge shall be based on COD in lieu of BOD. Computations of surcharges shall be based on the formulas below. The surcharges for individual BOD or COD and TSS are additive. (i) BOD -sur harge S BOD = V_ x 8 .34 (A [BOD - 250] ) (ii ) TSS surcharcfg STSs = V x 8.34 (B [TSS — 250 ] ) (iii) COD surcharge SCOD = V x 8.34 (C [COD - 450] ) where: S - Sum of surcharges in dollars that will appear on the user's monthlybill. p V - Monthly average volume of nondomestic discharge in millions of gallons, whichever 19 I s 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 - $2.00 per pound of BOD B - $2.50 per pound of TSS C - $1.25 per pound of COD 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 one nondomestic discharge, this shall be the flow -weighted concentration. COD - COD concentration in mg/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 (c) Sam 1 ; na 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 Sur _harae 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 20 When analyses show that a surcharge shall be applied, a fee of $50 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 Authorityshall periodically review the fees and adjust them as appropriate. M. 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 Regulations. All other information which is submitted b user to the Cit shall be available y the Y a�lable to the public at least to the extent provided by Subpart 40 Code of Federal Regulations, Part 2.302. N. RIGHT OF REVISION The City shall have the right the revise the Pretreatment Requirements to ensure compliance with federal state or local requirements. 0. PUBLIC PARTICIPATION The City shall comply with the public participation requirements of Subpart 4 p p 0 Code of Federal Regulations, Part 25 in the enforcement of these Pretreatment Requirements, q ts. RE D AND APPROVED on first reading this the 2oloAG( of , 19 7V . READ APPROVE ADOPTED on second reading this day of 19_�Q . ATTEST: 01 nlwL d' v JO NE LAND, City Secretary 21 day the F kil -..� 2q MIKt ROBINSON, Mayor City of Round Rock, Texas Summary of Changes to Pretreatment Regulations B . DEFINITIONS Definition of "Approved Test Procedures" was modified to state that any analytical procedure that is an alternate to 40 CFR 136 must be approved pp ed by the U.S. EPA Administrator. Added definition of "Authorized Representative of • p User so that in any signatories or certifications, the signer has the authority to commit the user to compliance. This negates the argument that a permit or compliance agreement p gr int is invalid because it was signed by an unauthorized individual. Definition of "Categorical User" was added. Definition of "Noncategorical User" was added. Definition of "Outfall" was added. Definition of "Pretreatment Requirements" was modified to clarify its meaning. Definition of "Significant User" was modified and pulled out as astand-alone definition from the definition of "User". C. PRETREATMENT TANDARD (1)(b)(i) Flammable and explosive discharges Changed "containing flammable or explosive 1' • p squids, solids or gas, such as gasolene kerosene, benzene, and naphtha, in such concentrations as to be capable of creatinga fire or explosion hazard" to "with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F), as determined by a Pinsky -Martens Closed Cup p Tester, using the test methods specified in ASTM (American Society for Testing g an d 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". (1)(b)(i9i) Solid or viscous materials Deleted the following, thereby limiting oil and grease to 100 r milligrams liter in an g � Y discharge: "if, in the opinion of the Control Authority, it appearsp robable that such discharges: (A) Can deposit grease or oil in the sewer lines in such manner as to clog the sewers; (B) Can overload skimming and grease handling equipment; (C) Are not amenable to biodegradation and will therefore pass-through the POTW; or, (D) Can have deleterious effects on the POTW due to excessive quantities;" (1)(b)(vi) Health and safety problems Added "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 safeproblems" ty as paragraph (vi), and reordered remaining paragraphs under (b). (1)(b)(xi) Trucked or hauled wastes Added "Materials that are trucked or hauled in, except at discharge points g p that are designated by the Control Authority". D. SIGNIFICANT USERS Made separate section for "Significant Users", modified requirements for q o removing a user from list of significant users, and adding requirement for approval and n q pp otificat- ion of Approval Authority for omissions and deletions from list of significant users. E. DISCHARGE PERMITS (3) Permit Conditions Included the following minimum conditions ofrmits: permit duration 1� p and transfer of permits. Separated conditions into "minimum" and "other" conditions. Added "Plans to prevent and control spills and batch discharges" to other conditions. (6) New w Users Added requirement that significant users submit application at least 180 days ys before the discharge will begin and recommended that other users submit application at least pp 90 days before the discharge begins. (7) Discharee and Permit Modification Clarified wording. Added requirement that approval of a modification is made through a permit modification. Significant users will have to submit an application for permit modification at least 180 days before they expect to e change the dischar • other user g g, s are recommended to submit an application at least 90 days in advance. (8) Permit Renewal The period of duration for a permit was changed from 5 ears to a period "u to years, pe p 5 years", to allow the city flexibility in the pretreatmentro am. p l�' (10) C_ hang in Owner or Operator A requirement was added to obtain approval by the Control Authority prior to transferring permit to a new owner or operator, a requirement of the national Pretreatment regulations. Transfer of the permit is allowed when essential no change „ g except the name of the owner or operator is made at the facilityand is automatic if the Control Authority does not respond to the notification of transfer hence cutting down on administrative efforts. All other changes in owner oro operator require notification p q on by the current owner or operator and permit application b the new owner or operator. Y pe ator. G . NOTIFICATION REQUIREMENTS Deleted "(written or oral)" from the description of notification form. Added notification otification requirements for hazardous wastes and radioactive materials. Changed "Th ' g e tinning, content, and form (written or oral) of notification are established in the discharge permit to The timing, content, and form (written or oral) of notification are established either in the discharge application or discharge permit, as applicable". I. PRETREATMENT FACILITIES (1) Approval of Propped Pretreatment Facilities Changed "users may provide pretreatment facilities" to "users willrovide pretreatment p p atment facilities if they are necessary". Made it a requirement that significant users submit bmit plans, specifications, and other information regardingretreatment facilities. p (2) Pretreatment Facilities to Be Main Added requirement that operation and maintenance records ofp retreatment facilities be kept. Specific requirements will be specified in the permit. M I M -W -K-4 K14) MisHUMIWA 2140WAIL OJ G 13-10) oil COIWI M (2) SamiDl' na1a Clarified the last sentence of paragraph (c) to read: "The Control Authority, at his discretion, may specify which approved test procedures shall be used." (4) Inspection and Entry Deleted the sentence "No person acting under authority of this provision may inquire uire into any industrial, commercial, or other business processes or activities beyond that point having a direct bearing on the discharges of nondomestic sewage". (6) Indemnification This section was deleted in entirety — "Except when caused by negligence or failure of a user to maintain safe conditions, the City shall indemnify a user against loss or damage to the user's property by City employees and against liability claims and demands for personal injury or property damage asserted against a user and growing . g g out of the independent monitoring by the City". K. ENFORCEMENT (1) Notice of Noncompliance Added "what steps are currently being taken to prevent the noncompliance" to contents of user's written response to notice of compliance. Added "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." for clarification. (3) Authority to Disconnect Service Deleted "causing rapid deterioration of these structures" from paragraph (a), "Conditions for Disconnection". Revised paragraph (b), "Notification", to clarify requirements of user's written response to a notice of disconnection. Added "Submission of this response in no way relieves the user of liability any violations Y occurring before or after receipt of the notice of disconnection." for clarification. L. FEE SCHEDULE (2) Surcharge fx-Hieher Concentrations Clarified how surcharge is applied to when there is a mix of domestic and nondomestic sewage, or multiple outfalls. Changed description of "8.34" factor inara rah(b)p g p from "pounds per gallon of water" to "conversion factor for units of measure in surcharge equations". Clarified definition of monthlyvolume to average read a g d " average water consumption for the billing periods of December, January, and February". �'Y ary . Overall Chan.,geS Changed "user that is subject to national categorical standards" to "cate ori " categorical user". DATE: March 6, 1990 SUBJECT: City Council Meeting, March 8, 1990 ITEM: 8A. Consider an ordinance amending the Wastewater Pre- treatment Ordinance. (Second Reading) STAFF RESOURCE PERSON: JIM MUSE STAFF RECOMMENDATION: This item was presented at the last meeting. These amendments are required by the E.P.A.