G-03-08-28-9B1 - 8/28/2003ORDINANCE NO. 0-03- o0 - -?t3/
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 10,
SECTIONS 10.400 PRETREATMENT PROGRAM AND 10.600
ENVIRONMENTAL SERVICES FEES; AND PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
OR RESOLUTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That Chapter 10, Section 10.400, Pretreatment Program, Code of
Ordinances (1995 Edition), City of Round Rock is hereby amended as
follows:
SECTION 10.400: 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. To ensure the quality of
sludge to allow its use and disposal in compliance with statutes and regulations; improve
the opportunity to recycle and reclaim wastewater and sludge; provide for equitable
distribution of the cost of operation, maintenance and improvement of the publicly owned
treatment works (POTW); enable the POTW to comply with Texas Pollutant Discharge
Elimination System (TPDES) permit conditions, sludge use and disposal requirements
and any other Federal or State Laws.
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(2) Applicability
This section shall be applicable to all nondomestic dischargers to the Brushy Creek
Regional Wastewater System.
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 Executive Director of the Texas Commission on
Environmental Quality (TCEQ).
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.
BCRWS Brushy Creek Regional Wastewater System.
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 for the purpose of implementation and enforcement of this
division and the Brazos River Authority as the publicly owned treatment works (POTW)
responsible for implementation of the pretreatment program approved by the Texas
Commission on Environmental Quality.
Control Point means point of access to a user's sewer where sewage monitoring can be
done.
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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 duly 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.
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 Regulationsmeans 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 means a discharge which, alone or in conjunction with a discharge or
discharges from other sources, both; (1) inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, use or disposal; and (2) Therefore is a
cause of a violation of any requirement of the POTW's permit or of the prevention of
sewage sludge use or disposal.
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 Standardsmeans 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:
(1) Any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the
publication of proposed Pretreatment Standards under Section 307(c) of the Act
which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed at a site
which no other source is located; or
(b) The building, structure, facility or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
existing source; or
(c) The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new
facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the existing
source should be considered.
(2) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility or installation meeting the criteria of paragraphs (b)
and (c) in Part 1 above,but otherwise alters, replaces, or adds to existing process
or production equipment.
(3) Construction of a new source as defined herein has commenced if the owner or
operator has:
(a) 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
(b) Entered into a binding contractual obligation for the purchase of facilities
or equipment which are intended to be used in its operation within a
reasonable time. Options to purchase or contracts which can be
terminated or modified without substantial loss and contracts for
feasibility, engineering, and design studies do not constitute a
contractual obligation.
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
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 loading 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 Brushy Creek
Regional Wastewater System TPDES permits, including an increase in the magnitude or
duration of a violation.
Person means any individual, partnership, co -partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, or assigns. This definition includes all
Federal, State and local governmental entities.
pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
Measure of the acidity or alkalinity measured in standard units.
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/operated by the BCRWS. This defmition 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 to theBCRWS.
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).
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Pretreatment Requirements means all of the requirements that are set forth in this
ordinance Section 10.400and in 40 CFR.
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.
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 (sanitary sewer) means an artificial pipe or channel that carries sewage and to
which storm water and ground water are not intentionally admitted.
Shall - means mandatory; May is permissive or discretionary.
Significant 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 of
process flow to the POTW; (3) discharges of 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.
Sewage sludge means any solid, semi-solid, or liquid residue generated during the
treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not
limited to, domestic septage; scum or solids removed in primary, secondary, or advanced
wastewater treatment processes; and a material derived from sewage sludge. Sewage
sludge does not include ash generated during the firing of sewage sludge in a sewage
sludge incinerator or grit and screenings generated during preliminary treatment of
domestic sewage in a treatment works.
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, Oil & Grease, TSS and
COD than those defined 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.
TPDES - Texas Pollutant Discharge Elimination System
TPDES Permit Holder - means the Brazos River Authority for the Brushy Creek
Regional Wastewater System.
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 ordinance that are not defined above shall be as
defined in Title 40, Code of Federal Regulations.
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 one hundred forty degrees
Fahrenheit (140'F), as determined by a Pensky-Martens
Closed Cup Tester, using the test method specified in
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ASTM (American Society for Testing and Materials)
standard D-93-79 or D -93-80K or a Seta flash 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 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) any fats, oils, greases or similar materials
in excess of a daily average limit of two hundred (200)
milligram per liter (mg/L) using approved methods for
fats, oils and greases.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(iv)
(v)
(vi)
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
(104'F) (forty degrees Celsius, 40'C);
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;
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;
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•
(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;
(x)
Discharges containing a BOD (biochemical oxygen
demand) or TSS (total suspended solids) concentration in
excess of 7,000 mg/L;
Discharges classified by the Texas Commission on
Environmental Quality as hazardous waste at 31 TAC
(Texas Administrative Code) Chapter 335 without the
written approval of the Control Authority;
(xi) Discharges containing radioactive materials without the
written approval of the Control Authority;
(xii) Materials that are trucked or hauled in, except at
discharge points that are designated by the Control
Authority; or
(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.
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(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)
(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 10.403(1)(a)
and (b) of this ordinance.
(a) Existing Local Limits
Constituent*
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:
Maximum Allowable
Concentration in a
Daily Composite, mg/L
Arsenic 1.06
Cadmium 0.32
Chromium 10.70
Copper 3.83
Cyanide 0.40
Lead 0.95
Mercury 0.0**
Nickel 3.96
Selenium 0.04
Silver 0.81
Zinc 1.80
* Limits for metal based on unfiltered samples.
**Compliance shall be measured at the minimum analytical level (MAL) of 0.0002
mg/L)
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(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, user specific basis. A user must have the
case-by-case local limit(s) included in a permit before discharging to the
POTW.
10.404 SIGNIFICANT USERS
(1) Option to Exclude Industrial Users
The Control Authority need not list as significant any industrial user that does not meet
the defmition of a significant industrial user as found in 40 CFR 403.3(t).
(2) Delisting of Industrial Users
Any industrial user that has been listed as a significant industrial user may petition the
Control Authority to be removed from the significant industrial 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 an industrial user has been listed as a significant industrial 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) Applicability
The following shall obtain a discharge permit:
(a) Significant Users;
(b) Categorical Users;
(c) Businesses or industries with a manufacturing process;
(d) Any other business, individual or entity connected to the sanitary sewer, which in
the opinion of the Control Authority requires a permit.
These entities shall obtain a permit from the Control Authority prior to discharging non-
domestic sewage to the BCRWS. 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 that do not meet the Pretreatment Requirements or would cause the City to be
noncompliant with the conditions of theBCRWS's discharge permits.
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(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;
(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;
(iv) Requirements for self-monitoring programs such as location,
type, and frequency of sampling, measurement, and analysis;
and
(v) Requirements for notifications, reports, and record keeping.
(vi) A statement of applicable civil and criminal penalties for
violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedules may not extend
the compliance date beyond applicable federal deadlines.
(b) 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, and;
(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.
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(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 with 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 user 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 re -issuance 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 renewal. An application for the user 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 owner or operator a revision to
the permit to reflect the change in owner or operator.
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(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;
(iii) The notification includes a written agreement between the current
and new owner or operator continuing 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 Re -issuance 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.
The Control Authority has the right to grant removal credits only after meeting the
requirements of the General Pretreatment Regulations.
(3)
10.407 NOTIFICATION REQUIREMENTS
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 10.402 and 10.403 herein.
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(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.
(8) Other appropriate conditions or events to ensure compliance with the Pretreatment
Requirements, and other federal, state, or local requirements.
10.408 REPORTING REQUIREMENTS
(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 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
15
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)(ii). This
statement must be reviewed by an authorized representative of the IU and
certified by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis.
(2) Compliance Schedule Progress Reports
(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 (9) months.
(c) The user shall submit a progress report to the Control Authority no later than
fourteen (14) 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.
(3) Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance with applicable
categorical pretreatment standards, or in the case of a new source following
commencement of the introduction of wastewater into the POTW, any 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)(iv)-(vi) herein. For users
subject to equivalent mass or concentration limits established 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
16
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 complete, signed and
certified in accordance with 40 CFR 403.6(a)(20ii).
(b)
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.
(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 within 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.
(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.
17
(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 linger 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;
(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
18
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.
(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.
19
(Ordinance No. G -94-05-26-9B of May 26, 1994)
(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 POTW, as
determined by the Control Authority.
(d) The Control Authority may increase the frequency and/or add parameters to a
user's self-monitoring program or the City's independent monitoring program to
ensure compliance with the Pretreatment Requirements.
(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 this 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.
(3) Control Point
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 form 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.
20
(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. The Control Authority may obtain search warrants to
secure access to facilities/property.
(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 ordinance
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 noncomplaint with the Pretreatment
Requirements with a notice stating the nature of the noncompliance. This notice may or
may not be in writing.
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
21
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 (10) 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
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.
(b) 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 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 ordinance, 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:
22
(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 BCRWS 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 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:
23
(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.
(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 ($1,000) 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)
10.412 Affirmative Defenses to Discharge Violations
(1) Act of God defense.
(a) Act of God defense/ The Act of God defense constitutes a statutory affirmative
defense [Texas Water Code Section 7.251] in an action brought in municipal of
Sate court. If a person can establish that an event that would otherwise be a
violation of a pretreatment ordinance, or a permit issued under the ordinance,
was caused solely by an act of God, war, strike, riot or other catastrophe, the
event is not a violation of the ordinance or permit. Act of God does not include
noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventative
maintenance, or careless or improper operation.
(b) An industrial user who wishes to establish the Act of God affirmative defense
shall demonstrate, through relevant evidence that:
(1) An event that would otherwise be a violation of the pretreatment
ordinance or a permit issued under the ordinance occurred, and the sole
cause of the event was an act of God, war, strike, riot or other
catastrophe; and
24
(2) The industrial user has submitted the following information to the POTW
and the City within twenty-four (24) hours of becoming aware of the
event that would otherwise be a violation of a pretreatment ordinance or
a permit issued under the ordinance (if this information is provided
orally, a written submission must be provided within five (5) days):
a. A description of the event, and the nature and cause of the
event;
b. The time period of the event, including dates and times or, if
still continuing, the anticipated time the event is expected to
continue; and
c. Steps being taken or planned to reduce, eliminate and prevent
recurrence of the event.
(c) Burden of proof. In any enforcement proceeding, the industrial user seeking to
establish the Act of God affirmative defense shall have the burden of proving by
a preponderance of the evidence that an event that would otherwise be a violation
of a pretreatment ordinance, or a permit issued under the ordinance, was caused
solely by an act of God, war, strike, riot or other catastrophe.
(d) 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) Bypass
(a) Bypass means the intentional diversion of wastestreams from any portion of a
user's treatment facility.
(b) Severe property damage means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected to
occur in the 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 (24)
hours from the time it becomes aware of the bypass. A written submission shall
also be provided within five (5) days from the time the user becomes aware of
the bypass. The written submission shall contain a description of the bypass and
25
its cause; the duration of the bypass, including exact dates and times, and, if the
bypass has not been corrected, the anticipated time it is expected to continue; and
steps taken or planned to reduce eliminate, and prevent reoccurrence of the
bypass. The Control Authority may waive the written report on a case-by-case
basis if proper oral notice has been given.
(0 Bypass is prohibited, and the Control Authority may take an enforcement action
against a user for a bypass, unless
(g)
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(ii) There were no feasible alternatives to the bypass, such as the use
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 (f) above.
(Ordinance No. G -94-05-26-9B of May 26, 1994)
10.412 This Section reserved for future use.
10.413 CONFIDENTIALITY
Information and data pertaining to an industrial user or other person subject to the
ordinance obtained from reports, surveys, wastewater discharges, permit applications,
wastewater discharge permits, monitoring programs, and from city inspection, sampling
and enforcement activities shall be available t the public in accordance with the laws of
the State of Texas subject to the following:
(1) Such information shall be withheld from disclosure if the industrial user or the
person subject to this chapter makes a specific and timely request in writing and
demonstrates to the satisfaction of the Control Authority that the release of such
information would divulge information, processes or methods of production entitled to
protection as trade secret under applicable law;
(2) When timely requested and demonstrated that such information should be held
confidential, the portions of the information that might disclose trade secrets or secret
processes shall not be made available for inspection by the public, but shall be made
available upon request to governmental agencies for uses related to the TPDES or
pretreatment and monitoring program and in enforcement proceedings involving the
person furnishing the information;
26
(3) Wastewater constituents and characteristics and other "effluent data" as defined by 40
CFR 2.302 will not be recognized as confidential information and will be made available
to the public without restriction.
10.414 RIGHT OF REVISION
The City shall have the right to 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(t)(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)
H.
That Chapter 10, Sections 10.600, Environmental Services Fees,
Code of Ordinances (1995 Edition), City of Round Rock is hereby
amended as follows:
Section 10.600 ENVIRONMENTAL SERVICES FEES
In order to ensure an equitable cost recovery system, the Control Authority shall periodically review the
fees and adjust them as appropriate.
10.601 WASTEWATER DISCHARGE PERMIT APPLICATIONS AND SURCHARGE
(1) Applicability
This section shall be applicable to all nondomestic dischargers to the Brushy Creek
Regional Wastewater System.
(2) Definitions
All words and phrases used in this Section shall have the same meaning as the words and
phrases defined in Section 10.402.
(3) Wastewater Discharge Permit Application
A user is subject to the following application fees:
27
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.
(4) Surcharge for Higher Concentrations
Users shall be assessed a sewer surcharge for nondomestic sewage that contains
concentrations of TSS and BOD/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) When Surcharge Shall Be Applied
A user shall be subject to a surcharge when its nondomestic discharge daily
average total:
(i) Exceeds a TSS concentration of two hundred -fifty (250) mg/L;
and/or
(ii) Exceeds a BOD concentration of two hundred -fifty (250 mg/; or
(iii) 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 (450) mg/L, the surcharge may be based on COD in lieu of BOD.
Computations of surcharges shall be based on the formulas below. The
surcharges for individual TSS and BOD/COD are additive.
(i)
BOD surcharge
SBOD = V x 8.34 (A[BOD - 250])
TSS surcharge
STSS = V x 8.34 (B[TSS - 2501)
COD surcharge
28
where:
SCOD = V x 8.34 (C[COD - 450])
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 - cost per pound of BOD
B - cost per pound of TSS
C - cost per pound of COD
Fees may be found at Chapter 10 Section 10.202 of the City of Round
Rock Code of Ordinances 1990 edition.
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 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) Application of Surcharge
Surcharge will apply directly to the water meter
customer assigned to the discharging user(s).
(d) 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.
(e) Sampling/Control Point
The user shall provide and the Control Authority shall designate a
sampling/control point for the purpose of sampling. The location and design of
the control point shall be approved by the Control Authority.
This sampling point shall be free of impediments and easily accessible by city
personnel.
(f) Period of Surcharge
If analyses for TSS and/or BOD/COD shows that a surcharge is applicable, the
surcharge shall be applied to the monthly water bill for a period of six (6)
months.
(g) Costs of Analyses
When analyses show that a surcharge shall be applied, a fee of fifty dollars ($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.
(h) Contested Charges
User must contest any/all charges within fourteen (14) days of issuance of
surcharge notification.
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)
30
$15.00 per sample
$15.00 per sample
$15.00 per sample
(b) Water Bacteriological Fees
24 hour Present/Absence Test
for Total /Fecal Coliform
18 Hour Presence/Absence Test
for Total/Fecal Coliform
24 or 18 hour Enumeration Test
for Total/Fecal Coliform
$12.00 per sample
$15.00 per sample
$15.00 per sample
Bacteriological samples that are approved to be analyzed outside normal
working hours will incur a 2.0 x fee.
The above -stated fees cover reporting requirements to the appropriate state
agencies for municipalities.
(3) Sampling Fees
(a) The sampling fee for wastewater discharge is $75.00 per sampling event.
(b) The wastewater discharge sampling event consists of a twenty-four (24) 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 wastewater
customers of the City must be paid in advance at the Environmental Services
Laboratory. Requests for analytical or sampling work must be accompanied by the
appropriate paperwork and evidence or payment, if applicable.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
31
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 2003.
Alternative 2.
READ and APPROVED on first reading this the '27 day of _
CL,11.0
, 2003.
READ, APPROVED and ADOPTED on second reading this the
day of l�M , 2003.
ATTEST:
NY V7 w -'
City
ay
f Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
32
DATE: August 22, 2003
SUBJECT: City Council Meeting - August 28, 2003
ITEM: *9.B.1. Consider an ordinance amending Chapter 10, Section
10.400 and 10.600 of the Code of Ordinance (1995
Edition) to incorporate Texas Commission on
Environmental Quality (TCEQ) changes into the existing
pretreatment program. (Second Reading)
Resource:
History:
Tom Word, Chief of Public Works Operations
Tom Clark, Utility Director
Tracy Herring, Environmental Services Supervisor
Through the wastewater contract with the Lower Colorado River
Authority (LCRA) and Brazos River Authority (BRA), the city is
required to operate and maintain a Texas Commission on
Environmental Quality (TCEQ) approved pretreatment program.
The TCEQ has requested that the program currently in place be
substantially modified. These changes are necessary to reflect
new rules and regulations and to streamline the program. The
most notable change is in Section 10.403(3) local limits that are
applicable to all wastewater dischargers. These limits are
periodically reviewed and are derived to protect the wastewater
treatment plant and in turn the receiving waters of Brushy
Creek. These numbers were derived by both the Brazos River
Authority (BRA) and TCEQ. TCEQ gave final approval to these
limits and to the entire revised 10.400 ordinance.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Impact/Benefit: Amending Section 10.400, will bring the pretreatment
program in compliance with required industry standards.
Public Comment: N/A
Sponsor: N/A