O-89-2437 - 12/14/1989ORDINANCE NO. CLI -,3r]
AN ORDINANCE AMENDING CHAPTER 10, CODE OF ORDINANCES, CITY
OF ROUND ROCK, TEXAS, BY DELETING SECTION 7, AND ADDING A
NEW SECTION 7, WHICH PROVIDES FOR PRETREATMENT REGULATIONS
FOR EXISTING AND NEW SOURCES OF POLLUTION; PROVIDING A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS:
I.
That Chapter 10, Section 7, Code of Ordinances, City of Round
Rock, Texas, is hereby amended by deleting Section 7 and replacing
said Section with a new Section 7, which is attached hereto and
incorporated herein as Exhibit "A".
II.
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conflict herewith are expressly repealed.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 APPROVEDgon first reading this the 1A )", day
TLof w./ , 19F9. I .
READ, APPROVED and ADOPTED on second reading this the 11 day
of .)&, 19S�
ATTEST:
tivytt o
NE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
TABLE OF CONTENTS
Section 7: Pretreatment Program
A. Purpose and Applicability 1
(1) Purpose 1
(2) Applicability 1
B. Definitions
1
C. Pretreatment Standards 4
(1) Prohibited Discharge Standards 4
(a) General Prohibitions 4
(b) Specific Prohibitions 4
(c) Dilution Prohibitions 6
(2) National Categorical Standards 7
(3) Local Limits 7
(a) Existing Local Limits 7
(b) Case-by-case Local Limits 7
D. Discharge Permits 7
(1) Applicability 7
(2) Denial or Condition of Permit 7
(3) Permit Conditions 8
(4) Permit Application Form 8
(5) Existing Users 8
(6) New Users 8
(7) Reclassification of Significant Users 8
(8) Discharge and Permit Modifications 9
(9) Permit Renewal 9
(10) Re -opening of Permit 9
(11) Changes in Owner or Operator 9
E. Removal Credits
10
F. Notification Requirements 10
G. Report Requirements 10
(1) Baseline Report 11
(2) Compliance Reports 11
(3) Additional Reports 11
H. Pretreatment Facilities 11
(1) Approval of Proposed Pretreatment
Facilities 11
(2) Pretreatment Facilities To Be
Maintained
12
I. INSPECTION, SURVEILLANCE, AND MONITORING 12
(1) Minimum Monitoring Requirements 12
(2) Sampling and Analysis 12
(3) Control Point 13
(4) Inspection and Entry 13
(5) Use of Contractors 13
(6) Indemnification 13
J. Enforcement
(1) Notice of Noncompliance 14
(2) Compliance Schedules 14
(a) Applicability 14
(b) Allowable Time for Completion 14
(c) Form of Compliance Schedule 14
(3) Authority to Disconnect Service 14
(a) Conditions for Disconnection 14
(b) Notification 15
(c) Reconnection of Service 15
(d) Liability 15
(4) Termination of Permit 15
(5) Injunctive Relief 16
(6) Civil and Criminal Penalties 16
K. Fee Schedule 16
(1) Applications 16
(2) Surcharge for Higher Concentrations 16
(a) When Surcharge Shall be Applied 17
(b) Computation of Surcharge 17
(c) Sampling and Analysis 18
(d) Period of Surcharge 18
(e) Costs of Analyses 18
(3) Fees Shall be Periodically Reviewed 19
L. Confidentiality
M. Right of Revision
N. Public Participation
19
19
19
SECTION 7: PRETREATMENT PROGRAM
This section adopts by reference, the applicable regulations
of Subpart 40 Code of Federal Regulations, Part 403, "General
Pretreatment Regulations for Existing and New Sources of
Pollution," herein referred to as General Pretreatment
Regulations.
A. PURPOSE AND APPLICABILITY
(1) Purpose
This section forms the basis of the City of Round Rock's
pretreatment program to regulate nondomestic discharges
to its sewage collection and treatment facilities.
Regulation of such discharges is necessary to prevent
interference with the operation of the facilities, to
prevent pass-through of the treatment facilities, and to
prevent any other condition which would be incompatible
with the facilities.
(2) Applicability
This section shall be applicable to all nondomestic
dischargers to the City's POTW.
B. DEFINITIONS
The following words and phrases shall have the meanings
herein:
Approved Test Procedures means those procedures found at
Subpart 40 Code of Federal Regulations, Part 136 and those
other procedures specified in nondomestic sewage permits.
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.
City means the City of Round Rock, Texas or any authorized
person acting in its behalf.
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.
Control Authority means the City Manager or his duly
authorized representative.
1
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.
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 BOD and TSS are established at two hundred -fifty (250)
mg/L each, on the basis of the normal contribution of twenty-
hundreths (0.20) pounds per capita per day each, and in which
the average daily concentration of 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.
General Pretreatment Regulations means Subpart 40 Code of
Federal Regulations, Part 403, "General Pretreatment
Regulations for Existing and New Sources of Pollution."
Headworks means the location where raw (untreated) sewage is
introduced into the POTW treatment facilities.
Interference is as defined in the General Pretreatment
Regulations.
National Categorical Standards means the pretreatment
regulations of Subpart 40 of the Code of Federal Regulations,
Chapter I, Subchapter N, "EPA Effluent Guidelines and
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.
Overload means the imposition of mass or hydraulic loading on
a treatment facility in excess of its engineered design
capacity.
2
Pass-through is as defined in the General Pretreatment
Regulations.
pH means the logarithm (base 10) of the reciprocal of the
hydrogen ion concentration.
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 to the City of Round Rock POTW.
Pretreatment Requirements means the all of the requirements
set forth in this section. The pretreatment standards
limiting discharges in Subsection C are a subpart of the
Pretreatment Requirements.
Process Flows means sewage that is generated during
manufacturing or processing, which comes into direct contact
with or results from the production or use of any 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 means an artificial pipe or channel that carries sewage
and to which storm water and ground water are not
intentionally admitted.
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, nonfiltrable residue) means
solids that either float on the surface or are in suspension,
measured at one hundred -three to one hundred -five degrees
Celsius (103-105°C), expressed 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.
A significant user is one who is: (1) subject to national
categorical standards; (2) discharges an average of twenty-
five thousand (25,000) gallons per day (gpd) or more of
3
nondomestic sewage to the POTW, or; (3) discharges less than
25,000 gpd of sewage, but has a reasonable potential to cause
pass-through or interference.
C. 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 national, state, or local
requirements.
The standards in this subsection shall apply to each user, as
applicable. Users in an industrial manufacturing category
specified in Subpart 40 of the Code of Federal Regulations
Chapter I, Subchapter N, "EPA Effluent Guidelines and
Standards," shall be subject to prohibited discharge
standards, national categorical standards, and local limits.
Other users shall be subject to prohibited discharge
standards and local limits. Where these standards overlap,
the most stringent standard shall apply to the user.
The Control
apply these
before they
Authority, at his discretion, has the right to
standards to individual nondomestic discharges
are commingled.
(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
fire or explosion hazard in the
discharges include, but are not
discharges containing flammable
liquids, solids or gas, such as
kerosene, benzene, and naphtha,
concentrations as to be capable
fire or explosion hazard;
creating a
POTW. These
limited to,
or explosive
gasoline,
in such
of creating a
(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 solid or viscous
4
materials in amounts which will cause
obstruction to the flow in or proper
operation of the POTW resulting in
interference. Discharges shall not contain
any materials such as wax, grease, oil, or
plastic that will solidify or become
discernibly viscous at temperatures between
thirty-two and one hundred -fifty degrees
Fahrenheit (32-150°F). Discharges shall not
contain any materials such as ashes, cinders,
sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, whole
blood, paunch manure, hair and fleshings,
entrails, lime slurry, lime residues, slops,
chemical residues, paint residues or bulk
solids in such quantities capable of causing
interference with the POTW. Discharges shall
not contain free or emulsified oil and grease
in combination exceeding one hundred (100)
mg/L if, in the opinion of the Control
Authority, it appears probable that such
discharges:
(A) Can deposit grease or oil in the sewer
lines in such manner as to clog the
sewers;
(B) Can overload skimming and grease
handling equipment;
(C) Are not amenable to biodegradation and
will therefore pass-through the POTW;
or,
(D) Can have deleterious effects on the
POTW due to excessive quantities;
(iv) Discharges having a temperature higher than
one hundred -fifty degrees Fahrenheit
(150°F) (sixty-five degrees Celsius, 65°C) , or
any discharge which contains heat in amounts
which will inhibit biological activity or
cause interference with the POTW, but in no
case heat in such quantities that the
temperature at the headworks of the POTW
exceeds one hundred -four degrees Fahrenheit
(104°F) (forty degrees Celsius, 40°C) ;
(v) Discharges that contain any noxious or
malodorous materials which can form a gas,
which either singly or by interaction with
other discharges, are capable of causing
objectionable odors; or hazard to life; or
creates any other condition deleterious to
the POTW; or requires unusual provisions,
attention, or expense to handle;
(vi) Discharges that are capable of causing
excessive discoloration in the POTW effluent;
(vii) 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.
(viii) Any material classified by the Texas Water
Commission as a hazardous waste at 31 TAC
(Texas Administrative Code) Chapter 335
without the written approval of the Control
Authority;
(ix) Discharges containing radioactive materials
without the written approval of the Control
Authority;
(c) Dilution Prohibitions
(i) No user shall ever add any material, either
liquid or nonliquid, or in any other way
attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to
achieve compliance with the national
categorical standards or local limits.
(ii) This prohibition does not include dilution
which is a normal part of the production
process or a necessary part of the process to
treat a waste, such as adding lime for
neutralization or precipitation, or the
mixture of compatible wastes in order to
treat at capacity levels rather than treating
wastes in small batches.
(iii) The Control Authority, at his discretion, may
impose mass limitations on a user that is
using dilution to meet applicable
pretreatment standards or requirements, or in
cases where the imposition of mass
limitations is appropriate.
(2) National Categorical Standards
National categorical standards apply to specific
industrial subcategories under Subpart 40 of the Code of
Federal Regulations, Chapter I, Subchapter N, "EPA
Effluent Guidelines and Standards." A user that falls
into one of these subcategories shall be subject to the
pretreatment standards applicable to that subcategory.
(3) Local Limits
Local limits are quantitative limits on discharges
applicable to all users. Local limits are designed to
meet the general and specific prohibitions in
Subsections C(1) (a) and (b) .
(a) Existing Local Limits
Local limits are periodically reviewed by the
Control Authority and revised as necessary to
respond to changes in federal, state, or local
regulations, environmental protection criteria,
plant design and operational criteria, and the
nature of industrial discharges to the POTW. Local
limits are as follows:
Constituent*
Maximum Allowable
Concentration in a
Daily Composite, mg/L
Cadmium 0.2
Chloroform 4
Chromium (total) 17
Copper 3.5
Ethyl benzene 16
Lead 0.5
Naphthalene 15
Nickel 4.5
Silver 0.07
Tetrachloroethylene
(perchloroethylene) 5
Toluene 14
Zinc 3.8
*Limits for metals based on unfiltered samples
(b) Case-by-case Local Limits
Local limits that have not yet been established for
a material may be developed on a case-by-case,
specific user basis. A user must have the case-by-
case local limit(s) included in a permit before
7
discharging to the POTW.
D. DISCHARGE PERMITS
(1) Applicability
All users shall obtain a permit from the Control
Authority in order to discharge nondomestic sewage to
the City's POTW. Permit applications shall be submitted
to the Control Authority prior to permit issuance.
Either the owner or operator of a user's facility shall
submit the application.
(2) Denial or Condition of Permit
The Control Authority has the right to deny or condition
a permit for any nondomestic discharges that do not meet
the Pretreatment Requirements or would cause the City to
be noncompliant with the conditions of the City's
discharge permits.
(3) Permit Conditions
The permit may contain the following:
(a) Limits on the volume and quality of sewage
discharged.
(b) Conditions and compliance schedule necessary to
achieve compliance with the Pretreatment
Requirements.
(c) Requirements for notifications, reports, and
recordkeeping.
(d) Requirements for monitoring programs such as
location, type, and frequency of sampling,
measurement, and analysis.
(e) Other appropriate conditions to ensure compliance
with the Pretreatment Requirements, and other
federal, state and local requirements.
(4) Permit Application Form
Applications for new permits, permit renewals, and
permit modifications shall be made on a standard form
provided by the Control Authority. Applications shall
be submitted to the Control Authority.
(5) Existing Users
8
Significant users with existing nondomestic discharges
prior to March 14, 1990, shall submit a permit
application before September 15, 1990. Other users with
existing nondomestic discharges prior to March 14, 1990
shall submit a permit application before June 15, 1990.
Existing users shall be allowed to discharge nondomestic
sewage without a permit until the Control Authority has
issued the user a permit, if the user has submitted a
permit application within the applicable time period.
(6) New Users
A new user shall submit a permit application and obtain
a permit before discharging to the POTW.
(7) Reclassification of Significant Users
A significant user that is not subject to any national
categorical standards may petition the Control Authority
to be reclassified as nonsignificant on the grounds that
it has no reasonable potential for adversely affecting
the operation of the City's POTW.
(8) Discharge and Permit Modifications
If a user with a discharge permit wishes to add or
change a process or operation which would significantly
change the nature or increase the quantities of
materials discharged to the POTW that would be
noncompliant with its discharge permit requirements or
the Pretreatment Requirements, the user shall obtain
written approval by the Control Authority prior to
making these additions or changes. The Control
Authority may require modification, termination, or
reissuance of the permit to allow these changes and
include other requirements that would be necessary for
compliance with the Pretreatment Requirements. The
Control Authority, at his discretion, may request
submission of an application for permit modification to
allow these additions or changes.
(9) Permit Renewal
Permits shall be renewed every five (5) years by
submitting an application for permit renewal.
Applications shall be submitted by significant users one
hundred eighty (180) days prior to the expiration date
of the existing permit. Applications for other users
shall be submitted ninety (90) days prior to the
expiration date of the existing permit.
(10) Re -opening of Permit
9
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.
(11) Changes in Owner or Operator
If the owner or operator of a user's facility covered by
a permit changes, notification of such change shall be
made to the Control Authority by the new owner or
operator. If the nature of the discharge or operation
of the facility changes, the Control Authority may
require modification, termination, or reissuance of the
permit to change the name of the permittee and include
other requirements that would be necessary for
compliance with the Pretreatment Requirements. The
Control Authority, at his discretion, may request
submission of an application for permit modification to
allow these additions or changes.
E. REMOVAL CREDITS
(1) The Control Authority may, at his discretion, grant
removal credits to a user that is subject to the
national categorical standards to reflect removal by the
POTW of materials specified in the national categorical
standards. The Control Authority may grant a removal
credit equal to or, at his discretion, less than the
POTW's consistent removal rate. Removal credits may
only be given for indicator or surrogate materials
regulated in a national categorical standard if the
standard so specifies.
(2) A user shall submit a removal credit application to the
Control Authority. Written approval by the Control
Authority shall be obtained prior to taking the removal
credit. Application shall be made on a standard form
provided by the Control Authority.
(3) The Control Authority has the right to grant removal
credits only after meeting the requirements of the
General Pretreatment Regulations.
F. NOTIFICATION REOUIREMENTS
Notification to the Control Authority is required for any of
the following. The timing, content, and form (written or
oral) of notification are established in the discharge
permit.
(1) A condition or event that would cause pass-through of or
10
interference with the POTW, including slug loadings as
defined by Subsection C(1) (b) (vii) .
(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) Other appropriate conditions or events to ensure
compliance with the Pretreatment Requirements, and other
federal, state, or local requirements.
G. REPORT REOUIREMENTS
(1) Baseline Report
Users that are subject to national categorical standards
shall submit baseline reports in accordance with the
General Pretreatment Regulations.
(2) Compliance Reports
Users that are subject to national categorical standards
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.
(3) 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.
H. PRETREATMENT FACILITIES
Users may provide pretreatment facilities in order to comply
with the pretreatment standards in Subsection C.
(1) Approval of Proposed Pretreatment Facilities
Plans, specifications, and any other pertinent
information related to proposed pretreatment facilities
may be requested by the Control Authority. 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
11
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.
I. INSPECTION, SURVEILLANCE, AND MONITORING
(1) Minimum Monitoring Requirements
(a) Users that are subject to national categorical
standards shall be required to self -monitor to
meet, at a minimum, the requirements of the General
Pretreatment Regulations.
(b) Users that have the potential to routinely
discharge nondomestic sewage that contains
concentrations of BOD, TSS, and COD higher than
those defined for domestic sewage herein shall be
independently monitored by the City for flow, BOD,
TSS, COD, and pH at least once a year. The Control
Authority shall determine which users have this
potential.
(c) The City shall independently monitor all other
users for flow, BOD, TSS, COD, and pH at a
frequency in relation to their potential impact on
the 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
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(a) Users that are subject to national categorical
standards shall meet the requirements of the
General Pretreatment Regulations for sampling and
analysis.
(b) For all users, containers, preservation techniques,
and holding times for samples shall comply with
methods and procedures found at Subpart 40 Code of
Federal Regulations, Part 136.
(c) For all users, sample analysis shall be in
accordance with approved test procedures. The
Control Authority, at his discretion, may specify a
particular test procedure.
(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 from the Control
Authority. It is recommended that the control point for
sampling and flow measurement be at the same location.
Flow may be determined by water supply meter
measurements if no other flow device is available and no
other source of raw water is used.
(4) Inspection and Entry
The Control Authority or his duly authorized
representative, upon presentation of credentials and
other documentation as may be required by law, shall be
permitted to gain access to such properties as may be
necessary for the purpose of inspection, observation,
sampling, set up and use of monitoring equipment, and
inspection and copying of records having a direct
bearing on the discharges of nondomestic sewage. No
person acting under authority of this provision may
inquire into any industrial, commercial, or other
business processes or activities beyond that point
having a direct bearing on the discharges of nondomestic
sewage.
13
(5) Use of Contractors
The Control Authority may select an independent
contractor to conduct the independent monitoring by the
City.
(6) Indemnification
Except when caused by negligence or failure of a user to
maintain safe conditions, the City shall indemnify a
user against loss or damage to the user's property by
City employees and against liability claims and demands
for personal injury or property damage asserted against
a user and growing out of the independent monitoring by
the City.
J. ENFORCEMENT
(1) Notice of Noncompliance
The Control Authority shall serve a user that is found
noncompliant with the Pretreatment Requirements with
written notice stating the nature of the noncompliance.
A user has thirty (30) days after the date of receipt of
this notice to submit a written response to the Control
Authority with an explanation of the noncompliance and a
plan for the correction and continued prevention of the
noncompliance.
(2) Compliance Schedules
(a) Applicability
If a user cannot comply with the pretreatment
standards in Subsection C, the Control Authority
may provide a schedule for achieving compliance.
(b) Allowable Time for Completion
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.
14
(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.
(3) 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
reasonably appears to:
(i) Damage sewer lines or POTW treatment
processes, causing rapid deterioration of
these structures
(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
(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. In all other cases,
the Control Authority shall give written notice to
a user. A user has within ten (10) days after
receipt of this notice to respond.
(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
15
disconnection under the conditions for
disconnection.
(4) 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.
(5) Injunctive Relief
The Control Authority may seek injunctive relief to
restrain or compel actions of a user.
(6) 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.
K. FEE SCHEDULE
(1) Applications
A user is subject to the following application fees:
New permit
Permit renewal
16
Significant Other
Users Users
$100 $25
$100 $25
Permit modification
$100 $25
Removal credit - A fixed fee for a removal credit
application cannot be given because of the circumstances
of each user and constituent the credit is applied for
are highly variable. Any user or group of users wishing
to apply for a removal credit shall assume
responsibility for all costs incurred by the City.
(2) Surcharge for Higher Concentrations
Users shall be assessed a sewer surcharge for
nondomestic sewage that contains concentrations of BOD,
TSS, and COD higher than those defined for domestic
sewage herein. The surcharge shall be in addition to
any other sewer charges required by other City
ordinances. If a user has more than one nondomestic
discharge identified in a permit, the surcharge shall be
applicable to the nondomestic discharge daily average
total and not the individual nondomestic discharges in a
user's permit.
(a) When Surcharge Shall Be Applied
A user shall be subject to a surcharge when its
nondomestic discharge daily average total:
(i) Exceeds a BOD concentration of two hundred -
fifty (250) mg/L;
(ii) Exceeds a total suspended solids
concentration of two hundred -fifty (250)
mg/L; 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 shall be based on COD in lieu of BOD.
Computations of surcharges shall be based on the
formulas below. The surcharges for individual BOD
or COD and TSS are additive.
(i) BOD surcharge
SBOD = V x 8.34 (A[BOD - 250] )
(ii) TSS surcharge
17
STss = V x 8.34 (B [TSS - 250])
(iii) COD surcharge
Scop = V x 8.34 (C [COD - 450] )
where:
S - Sum of surcharges in dollars that will appear
on the user's monthly bill.
V - Monthly average volume of nondomestic
discharge in millions of gallons, whichever
is the least of the following volumes: (1)
total monthly water consumption during the
billing period, (2) the average water
consumption for the months of November,
December, January, February, and March 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 - pounds per gallon of water
A - $2.00 per pound of BOD
B - $2.50 per pound of TSS
C - $1.25 per pound of COD
BOD - BOD concentration in mg/L. For more than one
nondomestic discharge, this shall be the
flow -weighted concentration.
TSS - total suspended solids concentration mg/L.
For more than one nondomestic discharge, this
shall be the flow -weighted concentration.
COD - COD concentration in mg/L. For more than one
nondomestic discharge, this shall be the
flow -weighted concentration.
250 - normal daily average BOD and TSS
concentration in mg/L
450 - normal daily average COD in mg/L
(c) Sampling and Analysis
The City shall sample for BOD, TSS, and COD. The
time of sampling shall be at the sole discretion of
the Control Authority. The Control Authority may
select an independent contractor to conduct the
sampling and/or analyses.
(d) Period of Surcharge
If analyses for BOD, TSS, or COD shows that a
surcharge is applicable, the surcharge shall be
retroactive for two (2) monthly billing periods and
shall continue for four (4) monthly billing
periods.
(e) Costs of Analyses
When analyses show that a surcharge shall be
applied, a fee of $50 shall be added to a user's
bill to cover the sampling, handling, and
laboratory analyses. When analyses show that a
surcharge shall not be applied, then this fee shall
not be added to the user's bill.
(3) Fees Shall be Periodically Reviewed
In order to ensure an equitable cost recovery system,
the Control Authority shall periodically review the fees
and adjust them as appropriate.
L. CONFIDENTIALITY
Any information provided by a user that is claimed as
condfidential 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 Subpart 40 Code of Federal
Regulations, Part 2.302.
M. RIGHT OF REVISION
The City shall have the right the revise the Pretreatment
Requirements to ensure compliance with federal, state, or
local requirements.
N. PUBLIC PARTICIPATION
The City shall comply with the public participation
requirements of Subpart 40 Code of Federal Regulations, Part
25 in the enforcement of these Pretreatment Requirements.
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DATE: December 11, 1989
SUBJECT: City Council Meeting
ITEM: 13B. Consider an ordinance adopting amendments to the Wastewater
Pre-treatment Ordinance. (Second Reading)
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
We have discussed this ordinance in a work session and again
on first reading. The local limits have now been established
and are included herein. Please insert at page 7 of the pro-
posed ordinance.
ECONOMIC IMPACT: