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G-94-05-26-9B - 5/26/1994ORDINANCE NO. 4 - q Li - °5 - 1, 0- 98 AN ORDINANCE AMENDING CHAPTER 10, SECTION 10.400, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING CERTAIN NEW DEFINITIONS, BY PROHIBITING CERTAIN ADDITIONAL DISCHARGES TO THE TREATMENT PLANT, BY ADDING ADDITIONAL REPORTING REQUIREMENTS, BY PROVIDING FOR AN ACCIDENTAL DISCHARGE/SLUG CONTROL PLAN AND ADDITIONAL PRETREATMENT MEASURES, BY PROVIDING ADDITIONAL ENFORCEMENT MEASURES, INCLUDING AFFIRMATIVE DEFENSES; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the opening paragraph to Chapter 10, Section 10.400, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: SECTION 10.400: SEWAGE PRETREATMENT PROGRAM This section adopts by reference, the applicable regulations of Title 40 Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution," and other applicable State and Federal laws, including but not limited to, the Clean Water Act. These regulations are herein referred to as General Pretreatment Regulations. II. That Chapter 10, Section 10.402, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: 10.402 DEFINITIONS (1) The following words and phrases shall have the meanings herein: KS/ORDINANCES OR05124D.2 Act or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. Section 1251 et.seq. Approval Authority means the Regional Administrator of the United States Environmental Protection Agency. Approved Test Procedures means those procedures found at Title 40 Code of Federal Regulations, Part 136 and those alternate procedures approved by the Administrator of the United States Environmental Protection Agency under the provisions of Title 40. Authorized Representative of User means a duly authorized representative of a user in accordance with the General Pretreatment Regulations. 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 repre- sentative. Control Point means point of access to a user's sewer where sewage monitoring can be done. Dilution means the addition of any material, either liquid or nonliquid, or any other method to attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the national categorical standards or local limits set by this section. Director means the City of Round Rock Director of Public Works or his authorized representative unless otherwise specified. Domestic Sewage means water -borne materials normally discharged from sanitary conveniences of dwellings, including apartment houses and hotels, office buildings, factories and institutions, free from storm water, utility and process discharges. Normal domestic sewage means normal sewage for Round Rock, Texas, in which the average daily concentration of biochemical oxygen demand (BOD) and total suspended solids (TSS) are established at two hundred -fifty (250) mg/L each, on the basis of the normal contribution of twenty -hundredths (0.20) pounds per capita per day each, and in which the average daily concentration of chemical oxygen demand (COD) is established at four hundred -fifty (450) mg/L. It is further expressly provided that for the purpose of this section, any discharge that exceeds the above concentration of BOD, TSS or COD shall be classified as nondomestic and made subject to all regulations pertaining thereto, whether or not such discharge was partially of domestic origin. Environmental Protection Agency (EPA) means the U.S. Environmental Agency, or where, appropriate, The Regional Water Management Division director, or other duly authorized official of said agency. Existing Source means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. General Pretreatment Regulations means Title 40 Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution." Grab sample means an individual sample collected without regard to flow in a time not to exceed fifteen minutes. Headworks means the location where raw (untreated) sewage is introduced into the sewage treatment facilities. Interference is as defined in the General Pretreatment Regulations. Maximum Allowable Discharge Limit means maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. Monthly Average Limit means a discharge limit based on the average of the analytical results of all samples for a parameter taken during a calendar month using approved methods for both sampling and analysis. National Categorical Standards means the pretreatment regulations of Title 40 of the Code of Federal Regulations, Chapter I, Subchapter N, "EPA Effluent Guidelines and Standards." New Source shall mean the following: (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 substan- tially 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 Title 40 CFR 403.3(k) (1) (ii) and Title 40 CFR 403.3(k)(1)(iii) but otherwise alters, replaces, or adds to existing process or production equipment. (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 signi- ficant 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 non - contact 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 City of Round Rock NPDES permits, including an increase in the magnitude or duration of a violation. Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State and local governmental entities. RH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration. Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). POTW (Publicly Owned Treatment Works) means the sewage treatment works owned by the City of Round Rock. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of sewage. It includes sewers, pipes, and other conveyances only if they convey sewage the City of Round Rock POTW. Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6 (d) . Pretreatment Requirements means all of the requirements that are set forth in this Section 10.400. Process Flow means sewage that is generated during manufacturing or processing, which comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. 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. Significant User means a user that: (1) is subject to national categorical standards; (2) discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process flow to the POTW; (3) discharges process flow which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or; (4) has a reasonable potential, in the opinion of the Control Authority, to adversely affect the POTW treatment plant. Slug Load means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards stated herein. Standard Industrial Classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Office of Management and Budget. Storm Water means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. Surcharge means the additional wastewater service charge incurred by any user discharging waste containing higher concentrations of BOD, TSS and COD than those 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. TSS (total suspended solids, nonfilterable residue) means solids that either float on the surface or are in suspension, measure at one hundred -three to one hundred -five degrees Celsius (103-105'C), expressed in mg/L, as determined by approved test procedures. User means a discharger of any nondomestic sewage to the POTW. A user includes, but is not limited to, any individual, firm, company, partnership, corporation, group, association, organization, agency, city county, or district. (2) The meaning of all terms used in this Section 10.400 that are not defined above shall be as defined in Title 40, Code of Federal Regulations. III. That the opening paragraph of Chapter 10, Section 10.403, Code of Ordinances (1990 Edition), City of Round Rock, Texas are hereby amended to read as follows: 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. IV. That Chapter 10, Section 10.403(1) (b) (iii) , Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: 8. (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) free or emulsified oil and grease in combination exceeding one hundred (100) mg/L; V. That Chapter 10, Section 10.403(1)(b), Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended by adding subparagraphs (xii) and (xiii), which shall read as follows: (xii) Discharges containing a BOD (biochemical oxygen demand) or TSS (total suspended solids) concentration in excess of 7,000 mg/L; (xiii) Discharges from steam cleaning and chemical cleaning businesses unless a facility or process is provided that will produce an effluent compliant applicable Pretreatment Requirements. There shall be no discharge of visible foam. VI. That Chapter 10, Section 10.403(2), Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: (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. 9. VII. That Chapter 10, Section 10.405(3)(b), Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended by adding subparagraph (iv), which shall read as follows: (iv) A statement requiring that all reports contain the certification statement at 40 CFR 403.6(a)(2). VIII. That Chapter 10, Section 10.408, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: 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: 10. (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 regulated process streams and other streams, as necessary, to allow use to the combined wastestream formula. (v) Measurement of Pollutants - The categorical pretreatment standards applicable to each regulated process. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Control Authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long- term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be collected and analyzed in accordance with procedures set out in 40 CFR 136. (vi) Signature and Certification - All baseline monitoring reports must be signed and certified in accordance with 40 CFR 403.6 (a) (2) . (2) Compliance Schedule Progress Reports (a) Should additional pretreatment or operation and maintenance be required to meet pretreatment standards, a compliance schedule will be issued. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment facilities required for the user to meet the applicable pretreatment requirements. (b) No increment shall exceed nine months; (c) The user shall submit a progress report to the Control Authority no later than fourteen days following each date in the schedule and the final date of compliance. This report shall include as a minimum, whether or not the user complied with the progress increments, reasons for any delays, and steps being taken by the user to return to the established schedule; (3) Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Control Authority a report containing the information described in 10.408(1) (b) herein. For users subject to equivalent mass or concentration limits established in accordance with 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with 40 CFR 403.6(a) (2) . Categorical users shall submit reports in accordance with the General Pretreatment Regulations on compliance schedule progress, compliance with categorical pretreatment standard deadlines, and continued compliance with categorical pretreatment standards. (4) Periodic Reports on Continued Compliance (a) All significant industrial users shall, at a frequency determined by the Control Authority but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants and the estimated or measured daily maximum and average flows of the discharges to which pretreatment requirements are applicable. All periodic reports must be signed and certified in accordance with 40 CFR 403.6(a)(2). (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 with twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within thirty (30) days after becoming aware of the violation. (7) Sample Collection and Monitoring Requirements All sampling techniques and pollutant analyses used for compilation of data required to be submitted as part of a wastewater discharge application or report required by any pretreatment requirement shall be performed in accordance with the techniques prescribed in Title 40, Code of Federal Regulations, Part 136 unless otherwise specified in an applicable categorical pretreatment standard. (8) Additional Reports The Control Authority has the right to request any additional reports from a user that are necessary to assess and assure compliance with the Pretreatment Requirements. (9) Record Keeping (a) Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and additional records obtained pursuant to monitoring activities undertaken by the user independent of such requirements. (b) Records shall include the date, exact place, method, and time of the sampling and the name of the person(s) taking the sample; dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of the analyses. (c) Records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user of the Control Authority, or where the user has been specifically notified of a longer retention period by the Control Authority. IX. That the opening paragraph of Chapter 10, Section 10.409, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: 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. X. That Chapter 10, Section 10.409, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended by adding subsections (3) and (4), which shall read as follows: (3) Accidental Discharge/Slug Control Plans Users discharging nondomestic wastewater into the POTW shall provide protection from the accidental discharge of prohibited wastes. Prior to the commencement of any nondomestic discharge and at least once every two years the Control Authority shall evaluate whether each significant user requires an accidental discharge/slug control plan. The Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director may develop such a plan for any user. Each plan shall include the following as a minimum: (a) Description of discharge practices, including nonroutine batch discharges; (b) Description of stored chemicals; 14. (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. XI. That Chapter 10, Section 10.410(1), Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: 15. (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. XII. That Chapter 10, Section 10.410 (2) (a) and (2) (b) , Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: (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 require- ments 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. XIII. That Chapter 10, Section 10.410(3) and (4), Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: (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. 16. (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. XIV. That Chapter 10, Section 10.411, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: 10.411 ENFORCEMENT (1) Administrative Order In addition to any other actions or remedies authorized in this ordinance, the Control Authority or its duly authorized representative is authorized to enforce this Section 10.400 through the exercise of any one or more of the following administrative actions. Unless otherwise expressly set forth herein, the selection or use of one such action or remedy by the Control Authority shall not be construed to prevent the Control Authority from pursuing any other enforcement actions or remedies nor require the pursuit of a particular action or remedy as a condition precedent to the use of any other such action or remedy. (2) Notice of Violation The Control Authority shall serve a user that is found noncomplaint with the Pretreatment Requirements with a notice stating the nature of the noncompliance. 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, 17. and a plan for the correction and continued prevention of the noncompliance. Submission of this response in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. (3) Consent Order The Control Authority may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. (4) Show Cause Hearing The Control Authority may order a user which has violated or continues to violate, any provision of this ordinance, a wastewater discharge permit or enforcement action issued, or any other pretreatment requirement, to appear the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served by hand or certified mail at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (5) Compliance Order/Compliance Schedules (a) Applicability 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 Section 10.400, a wastewater discharge permit or order issued herein, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Control Authority may issue an order to the user directing it to cease and desist all such violations and directing the user to: (a) Immediately comply with all requirements; and (b) Take such appropriate remedial or preventive actions may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. (7) Authority to Disconnect Service (a) Conditions for Disconnection The City shall have the right to disconnect a user's sewer service when a user's discharge reasonable appears to: (i) Damage sewer lines or POTW treatment processes; (ii) Cause the City to be noncompliant with the conditions of its discharge permits; (iii) Present an endangerment to the environment or which threatens to interfere with the operation of the POTW; or (iv) Present an imminent endangerment to the health or welfare of persons. (b) Notification In the case of an imminent endangerment to the health or welfare of persons, the Control Authority shall give oral or written notice to a user before disconnecting sewer service. Under all other conditions for disconnection, the control Authority shall give written notice to a user before disconnection. Within ten (10) days after receipt of notification of disconnection, the user must submit a written response to the Control Authority with an explanation of the cause of the problem and what measures have and will be taken to prevent any future occurrence. Submission of this response in no way relieves the user of liability for any violations occurring before or after receipt of the notice of disconnection. (c) Reconnection of Service The user's sewer shall remain disconnected until such time that the user has demonstrated that the cause of this noncompliance has been eliminated. (d) Liability The City shall not be liable for any resulting damage to the user's property as a result of disconnection under the conditions for disconnection. (8) Termination of Permit A user that violates any of the following conditions may be subject to permit termination: (a) Failure to report a reasonable estimate of the volume and quality of its nondomestic sewage. (b) Failure to notify the Control Authority of a change in process or operation which would significantly change the nature or increase the quantities of materials discharged to the POTW that would cause the user to be noncompliant with its discharge permit requirements or the Pretreatment Requirements. (c) Refusal of right of entry to the user's premises in accordance with Subsection I of this ordinance. (d) Intentional violation of permit conditions. (e) Falsifying information. (f) Failure to pay sewer charges or fines. (9) Injunctive Relief The Control Authority may seek injunctive relief to restrain or compel actions of a user. (10) Civil and Criminal Penalties The Control Authority has the right to seek or assess civil or criminal penalties in at least the amount of one thousand dollars ($1000) per day for each violation of the user's permit or the Pretreatment Requirements. XV. That Chapter 10, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended by adding a new subsection 10.411.01 which shall read as follows: 10.411.01 Affirmative Defenses to Discharge Violations (1) Upset (a) Upset means an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment requirements because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (b) An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment requirements if the following provisions are met. (c) A user who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs or other relevant evidence that: (i) An upset occurred and the user can identify the cause(s) of the upset; 21. (ii) The facility was being operated properly and in compliance with applicable and appropriate operation and maintenance procedures; and (iii) Within twenty-four (24) hours of becoming aware of the upset the user has submitted the following information to the Control Authority: (1) a description of the nature of the discharge and cause of the noncompliance; (2) a statement of the period of noncompliance, including the exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (3) evidence of the steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. (vi) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. (v) Users will have the opportunity for judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. (vi) Users shall control production of all discharges to the extent necessary to maintain compliance with pretreatment requirements upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power for the treatment facility is reduced, lost, or fails. (2) Bypass (a) Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility. (b) Severe property damage means (1) substantial physical damage to property, (2) damage to the treatment facilities which causes them to become inoperable, or (3) substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. 22. (c) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. (d) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Control Authority at least ten days before the date of the bypass, if possible. (e) A user shall submit oral notice to the Control Authority of an unanticipated bypass that exceeds applicable pretreatment requirements within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days from the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce eliminate, and prevent 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. (f) Bypass is prohibited, and the Control Authority may take an enforcement action against a user for a bypass, unless (i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (iii) The user submitted notices as stated herein. (g) The Control Authority may approve an anticipated bypass, after considering its adverse effects, if the Control Authority determines that it will meet the three conditions in paragraph (e) above. XVI. That Chapter 10, Section 10.413, Code of Ordinances Edition), City of Round Rock, follows: 10.413 CONFIDENTIALITY (1990 Texas is hereby amended to read as 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 by the user to the City shall be available to the public at least to the extent provided by Title 40 Code of Federal Regulations, 403.14. XVII. That Chapter 10, Section 10.415, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: 10.415 PUBLIC PARTICIPATION The City shall comply with the public participation requirements of Title 40 Code of Federal Regulations, 403.8(f) (2) (vii) in the enforcement of these Pretreatment Requirements. XVIII. 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. READ and APPROVED on first reading this the / 2 —day of , 1994. 24. READ, APPROVED and ADOPTED on second reading this the VIL) day of ATTEST: E LAND, City Secretary , 1994. CHARLES CULPEP E Mayo r City of Round Ro� 25. Texas s DATE: SUBJECT: ITEM: May 24, 1994 City Council Meeting, May 26, 1994 9B. Consider an ordinance amending the Sewer Pretreatment Ordinance. (Second Reading) STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION As part of the West Wastewater Treatment Plant permit renewal last year the EPA required that the industrial waste ordinance be updated. These updates were submitted to EPA in May 1993 and have since been approved. Some of the changes are as follows: 1. Incorporation of new Federal and State Legislation. 2. Addition of Definitions. 3. Expansion of Enforcement Section. 4. Routine housekeeping. The ordinance must be approved and signed by June 3, 1994.