Ord 20-2020 Amending Article VII Regulations for Disposal of Industrial Wastewater 4/7/2020 ORDINANCE NO. 20-2020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING CHAPTER 106, ARTICLE VII OF THE CODE OF
ORDINANCES, CITY OF WICHITA FALLS, TEXAS, CONCERNING THE
REGULATION OF THE DISCHARGE OF INDUSTRIAL WASTEWATER INTO
THE SANITARY SEWER SYSTEM AND THE STORM DRAINAGE SYSTEM;
DEFINING TERMS; REGULATING DISCHARGES OF CERTAIN
SUBSTANCES INTO THE WASTEWATER TREATMENT SYSTEM;
PROVIDING LIMITATIONS ON WASTEWATER STRENGTH; PROVIDING
FOR SEWAGE SURCHARGES; REQUIRING PERMITS FOR CERTAIN
INDUSTRIAL DISCHARGERS; PROVIDING FOR PERMIT FEES; PROVIDING
REPORTING REQUIREMENTS; PROVIDING FOR SUSPENSION AND
DISCONNECTION OF SERVICE AND REVOCATION OF PERMIT;
PROVIDING FOR PENALTIES; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR EMERGENCY PASSAGE; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING
FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Wichita Falls desires to incorporate revisions of the General
Pretreatment Regulations (40 CFR Part 403) concerning the Streamlining Rule Required
Provisions set forth by the Environmental Protection Agency (EPA) and the Texas
Commission on Environmental Quality (TCEQ). The Streamlining Rule is designed to
reduce the overall regulatory burden on both Industrial Users (IUs)and Control Authorities
without adversely affecting environmental Protection.
WHEREAS, the City has submitted these proposed changes to the TCEQ for its pre-
approval as required by law; and,
WHEREAS, the TCEQ has approved the proposed Streamlining Rule Required
revisions to the existence ordinance; and,
WHEREAS, a revision of Chapter 106, Article VII, Division through Division 6, would
allow the City Council to retain autonomous control over the regulation of these local
discharge limits and industrial pretreatment program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1 . Chapter 106 at Article VII of the Code of Ordinances of the City of Wichita
Falls, Texas is hereby amended in its entirety to read as follows:
ARTICLE VII. - REGULATIONS FOR DISPOSAL OF INDUSTRIAL WASTEWATER
DIVISION 1 . - GENERALLY
Sec. 106-566. - Definitions.
The following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Act means the Federal Water Pollution Control Act, also known as the Clean Water
Act, 33 USC 1251 et seq., as amended.
Administrative Order means a legal, independently enforceable order issued directly
by the Control Authority. The order defines the violation, provides evidence of the
violation, and requires the recipient to take corrective action within a specified time period.
If the recipient violates the order the Control Authority may take further legal action using
additional orders (or the court system) to force compliance with the order directly.
Administrator means the administrator of the United States Environmental Protection
Agency and/or the agency for the state that has authority to administer the program.
Approval authority means the executive director of the state agency that has authority
to administer the program.
Authorized or duly authorized representative of the user means:
(1) If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in
charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operating facilities,
provided, the manager is authorized to make management decisions which
govern the operation of the regulated facility including having the explicit or
implicit duty of making major capital investments recommendations, and initiate
and direct other comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; can ensure that the
necessary systems are established or actions taken to gather complete and
accurate information for control mechanisms requirements; and where if
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship, a general partner or proprietor,
respectively.
(3) If the user is a federal, state, or local governmental facility, a director or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility, or their designee.
(4) (A duly authorized representative of the individual designated in paragraph 1) or
2) of this section if:
a. The authorization is made in writing by the individual described in paragraph (1)
or (2);
b. The authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the Industrial
Discharge originates, such as the position of plant manager, operator of a well,
or well field superintendent, or a position of equivalent responsibility, or having
overall responsibility for environmental matters for the company; and
c. The written authorization is submitted to the Control Authority.
(5) If an authorization under paragraph (4) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation
of the facility, or overall responsibility for environmental matters for the company,
a new authorization satisfying the requirements of paragraph (4) of this section
must be submitted to the Control Authority prior to or together with any reports to
be signed by an authorized representative.
Best Management Practices or BMPs means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the
prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw materials storage.
Biochemical oxygen demand or BOD means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five
days at 20 degrees Celsius, usually expressed as a concentration (e.g., mg/1).
Bypass means an intentional diversion of waste streams from any portion of an
industrial user's treatment facility.
Categorical pretreatment standards means any regulation containing pollutant
discharge limits promulgated by the Environmental Protection Agency in accordance with
section 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of
users and which appear in 40 CFR 405-471.
Categorical Industrial user an Industrial User subject to a categorical Pretreatment
Standard or Categorical Standard.
Cease and Desist Order is an order issued by the Control Authority proscribing a User
from continuing a particular course of conduct.
Chemical oxygen demand or COD means the measure of the oxygen-consuming
capacity of inorganic and organic matter present in the water or wastewater expressed in
milligrams per liter (mg/1) as the amount of oxygen consumed from a chemical oxidant in
a specific test, but not differentiating between stable and unstable organic matter and thus
not necessarily correlating with biochemical oxygen demand.
City means the City of Wichita Falls, Texas, or any authorized person acting in its
behalf.
Closed-cup flashpoint means a measure of the characteristic of the ignitability of a
material using the test methods specified in 40 CFR 261.21.
Composite sample means the sample resulting from the combination of individual
samples taken at selected intervals based on an increment of either flow or time, as per
the procedure described in 40 CFR 403, appendix E(I).
Control Authority means the Utilities Operations Manager of the Public Works
Department or another official designated by the city manager or his duly authorized
deputy, agent or representative.
Control manhole means a point of access to a building sewer at some point before
the building sewer discharge mixes with other discharges in the public sewer.
Control point means a point of access to a course of discharge before the discharge
mixes with other discharges in the public sewer, also known as an inspection port and/or
control manhole.
Daily Maximum Limit means the maximum allowable discharge limit of a pollutant
during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the
daily discharge is the total mass discharged over the course of the day. Where Daily
Maximum Limits are expressed in terms of a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day.
Domestic sewage means wastewater normally discharged dwellings, including
apartments, houses and hotels; office buildings; factories; and institutions, free from
stormwater, surface water and industrial wastes.
EPA means the U.S. Environmental Protection Agency, or, where appropriate, the
term may also be used as a designation for other duly authorized officials, including
authorized contractors acting as representatives, of said agency.
Existing source means any source of discharge, the construction or operation of
which commenced prior to the publication by the Environmental Protection Agency 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.
Fats means primarily fatty acid esters of the alcohol glycerol, also called
acylglycerols, neutral fats, natural fats, or glycerides. They are the major components of
depot, or storage, fats in plant and animal cells, especially in the adipose or fat cells of
vertebrates. The term "fats" may include any synthesized substance of a like nature.
Garbage means animal and vegetable wastes and residue from preparation, cooking
and dispensing of food and from the handling, processing, storage and sale of food
products and produce.
Grab sample means a sample which is taken from a waste stream without regard to
the flow in the waste stream and over a period of time not to exceed 15 minutes, as per
the procedure described in 40 CFR 403, appendix E(II).
Grease means fats, waxes, free fatty acids, calcium and magnesium soaps, mineral
oils and certain other nonfatty material commonly found in wastewater.
Grease trap/interceptor means a water-tight receptacle designed and constructed to
intercept and prevent the passage of grease, greasy and/or fatty liquids, semi-solids,
and/or solid wastes generated from commercial operations into the sanitary sewer system
to which the receptacle is directly or indirectly connected.
Hazardous substance means any substance designated pursuant to 40 CFR 302.
Hazardous waste means as provided in 40 CFR 261.3.
Indirect discharge and discharge mean the introduction of pollutants into a publicly
owned treatment works from any non-domestic source regulated under section 307(b),
(c) or (d) of the Act.
Industrial user and user mean a source of indirect discharge.
Industrial waste means waste resulting from any process of industry, manufacturing,
trade or business; from development of any natural resource; from any mixture of the
waste with water or normal wastewater; and wastewater containing pollutants in higher
concentrations than normal domestic sewage as defined in this section.
Instantaneous Limit means the maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the duration of the sampling
event.
Interference means a discharge which, alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the publicly owned treatment works,
its treatment processes or operations or its sludge processes, use or disposal and,
therefore, is a cause of a violation of any requirement of the city's Texas Pollutant
Discharge Elimination System permit, including an increase in the magnitude or duration
of a violation, or of the prevention of sewage sludge use or disposal in compliance with
any of the following statutory/regulatory provisions or permits issued there under or any
more stringent state or local regulations: section 405 of the Act; the Solid Waste Disposal
Act (SWDA), including title II commonly referred to as the Resource Conservation and
Recovery Act (RCRA); any state regulations contained in any state sludge management
plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the Clean Air Act;
the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries
Act.
Local Limits means specific prohibitions or limits on pollutants or pollutant parameters
that are developed by a POTW in accordance with 40 CFR 403.5(c). Such limits shall be
deemed Pretreatment Standards for the purposes of section 307(d) of the Act.
Lower explosive limit (LEL) of a compound means the minimum concentration of that
compound, as a gas or vapor in air, which will explode or burn in the presence of an
ignition source.
May. The term "may" is permissive or discretionary.
Milligrams per liter (mg/1) means the same as parts per million and is a weight-to-
volume ratio. The milligram-per-liter value multiplied by the factor 8.34 shall be equivalent
to pounds per million gallons of water.
Monthly Average Limit means the highest allowable average of "daily discharges"
over a calendar month, calculated as the sum of all "daily discharges" measured during
a calendar month divided by the number of "daily discharges" measured during that
month.
National Pollutant Discharge Elimination System (NPDES) means the National
Pollutant Discharge Elimination System permits program as administered by a state or
interstate water pollution control agency as approved pursuant to section 402(b) of the
Act.
New source means:
(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 at which
no other source is located;
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 subsection (1)b or
(1)c of this definition but otherwise alters, replaces, or adds to the existing process
or production equipment.
(3) Construction of a new source has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site 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 under this subsection.
No measurable trace means a measurement of a parameter that is less than the
detection limit of the appropriate analytic technique approved by the Environmental
Protection Agency.
Non-contact cooling water means water used for cooling which does not come into
contact with any raw material, intermediate product, waste product or finished product.
Oils means those fats that are liquid at ordinary temperatures.
Other waste means decayed wood, sawdust, shavings, bark, lime, refuse, ashes,
garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial
wastes.
User means the person using the lot, parcel of land, building or premises connected
to sewage, industrial wastewater of the city, and who pays or is legally responsible for the
payment of water rates or charges made against the lot, parcel of land, building or
premises, if connected to the city's water distribution system, or who would pay or be
legally responsible for such payment if so connected.
Pass through means a discharge which exits the publicly owned treatment works into
the waters of the United States in quantities or concentrations which, alone or in
conjunction with a discharge or discharges from other sources, is a cause of a violation
of any requirement of the publicly owned treatment works' Texas Pollutant Discharge
Elimination System permit, including an increase in the magnitude or duration of a
violation.
Person means any individual, consortium, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, estate, joint venture,
commercial entity, governmental entity, or any other legal entity or their legal
representatives, agents, or assigns. This definition includes all federal, state, and local
governmental entities including the United States government or any state, municipality,
commission, political subdivision of a state or interstate body.
pH means a measure of the acidity or alkalinity of a material, liquid or solid, expressed
in standard units, specifically the negative logarithm of the hydrogen ion concentration
represented on a scale of 0 to 14 with 7 being a neutral state, 0 most acidic and 14 most
alkaline.
Point source means any discernable, confined, and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from
which pollutants are or may be discharged. The term "point source" does not include
agricultural stormwater discharges and return flows from irrigated agriculture.
Pollutant means dredged spoil; solid waste; incinerator residue; filter backwash;
sewage; garbage; sewage sludge; munitions; medical wastes; chemical wastes;
biological materials; radioactive materials except as regulated under the Atomic Energy
Act of 1954, as amended (42 USC 2011 et seq.); 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).
Pollution prevention (P2) means the use of materials, processes, or practices that
reduce or eliminate the creation of pollutants or wastes at the source. It includes, but is
not limited to, practices that reduce the use of hazardous and nonhazardous materials,
energy, water, or other resources as well as those that protect natural resources through
conservation or more efficient use.
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 introducing such pollutants into the publicly owned treatment works. This
reduction or alteration can be obtained by physical, chemical, or biological processes,
except as prohibited by 40 CFR 403.6(d); by process changes; or by other means, except
by diluting the concentration of the pollutants unless allowed by an applicable
pretreatment standard.
Pretreatment requirements means any substantive or procedural requirement related
to pretreatment, other than a national pretreatment standard, imposed on an industrial
user.
Pretreatment standards and standards mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
Process wastewater means any water which, during manufacturing or processing,
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.
Prohibited discharge standards and prohibited discharges mean absolute prohibitions
against the discharge of certain substances; these prohibitions appear in sections 106-
816 and 106-817.
Publicly owned treatment works (POTM and wastewater system mean a treatment
works as defined by section 212 of the Act, which is owned by a state or municipality, as
defined by section 504(4) of the Act. This definition includes any devices and systems
used in the storage, treatment, recycling and reclamation of municipal sewage or
industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances
only if they convey wastewater to a publicly owned treatment works. The term also
includes the municipality as defined in section 504(4) of the Act, which has jurisdiction
over the indirect discharges to and the discharges from such a treatment works.
Removal means a reduction in the amount of a pollutant or alteration of the nature of
a pollutant during pretreatment or treatment. The reduction or alteration may be obtained
by physical, chemical or biological means and may be the result of specifically designed
capabilities or may be incidental to the operation of the pretreatment or treatment system.
Removal does not mean dilution of a pollutant.
Reportable slug load means either of the following:
(1) Any release into the publicly owned treatment works over a 24-hour period which
meets any of the following criteria:
a. A reportable quantity of a hazardous material, as defined under section 311 of
the CWA, section 102(b) of the CERCLA, and 40 CFR 302.4.
b. Ten pounds or more of heavy metals, including arsenic, cadmium, chromium,
copper, lead, mercury, nickel, silver, and zinc; or cyanide in solution.
c. One gallon or more of any toxic substance listed in this ordinance.
d. All flammable liquids in quantities of more than one gallon.
e. Any other liquid material determined to have adverse effects on the publicly
owned treatment works, including but not limited to alkalies or alkaline
substances, oils, foam generating wastes, highly colored wastes, pesticides,
organics, vegetable matter, and solvents not listed previously.
(2) Any discharge of water or wastewater with a concentration of any given constituent
or a quantity of flow for any period longer than 15 minutes more than five times the
average 24-hour concentration or flow of normal operations of the user shall also
be considered a slug load.
Sewage means human excrement and gray water (household showers, dishwashing
operations, etc.).
Shall is mandatory.
Significant industrial user means:
(1) Any user subject to categorical pretreatment standards under 40 CFR 403.6 and
40 CFR chapter I, subchapter N; or
(2) A user that:
a. Discharges an average of 25,000 gpd or more of process wastewater to the
publicly owned treatment works, excluding sanitary, noncontact cooling, and
boiler blowdown wastewater;
b. Contributes a process waste stream which makes up five percent or more of
the average dry weather hydraulic or organic capacity of the publicly owned
treatment works treatment plant; or
c. Is designated as such by the city on the basis that it has a reasonable potential
for adversely affecting the publicly owned treatment works' operation or for
violating any pretreatment standard or requirement, in accordance with 40 CFR
403.8(f)(6).
(3) Upon a finding that a user meeting the criteria in subsection (2) of this definition
has no reasonable potential for adversely affecting the publicly owned treatment
works operation or for violating any pretreatment standard or requirement, the city
may at any time, on its own initiative or in response to a petition received from a
user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that
such user should not be considered a significant industrial user.
Slug, slug discharge and slug load mean any discharge at a flow rate or
concentration, which could cause a violation of the prohibited discharge standards in this
ordinance. A slug discharge is any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or noncustomary batch discharge, which has a
reasonable potential to cause interference or Pass Through, or in any other way violate
the POTW's regulations, Local Limits or Permit conditions.
Standard Industrial Classification Code (SIC) means the uniform method for
collecting and presenting business data devised by the U.S. Office of Management and
Budget. Each business is given a SIC code based upon its primary activity, which is
determined by its predominant business or service. For the purposes of this ordinance,
the SIC code of a business is the first four digits of the SIC number of that business as
found in the most current edition of the Standard Industrial Classification Manual.
Stormwater means any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
Suspended solids and total suspended solids mean the total suspended matter that
floats on the surface of or is suspended in water, wastewater, or other liquids, which is
removable by laboratory filtering using the method for determining nonfilterable residue
in 40 CFR 136.3.
Suspension Order means an order issued to a User by the Control Authority requiring
the immediate suspension of all specified discharges to the POTW. It may be issued
without prior notice to the User and without a prior hearing.
Total toxic organics (TTO) means the summation of all quantifiable values greater
than 0.01 milligrams per liter for all toxic organics listed under 40 CFR 413.02(i) and 40
CFR 433.11(e).
Toxic pollutant means any pollutant designated as toxic pursuant to section 307(a)(1)
of the Act and listed in 40 CFR 401.15.
TPDES means Texas Pollutant Discharge Elimination System permits program as
administered by a state water pollution control agency as approved pursuant to section
402(b) of the Act.
Upset: See section 106-961.
Wastewater means liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, which are contributed to the POTW
Wastewater discharge permit means a mechanism used to control the discharge of
wastewater to the POTW from an industrial user in order to:
(1) Ensure compliance with applicable pretreatment standards and requirements;
(2) Regulate continuing use of the sanitary sewer system; and
(3) Place conditions on the discharge.
Wastewater treatment plant and treatment plant means that portion of the publicly
owned treatment works which is designed to provide treatment of municipal sewage and
industrial waste.
Sec. 106-567. - Abbreviations.
The following abbreviations, when used in this ordinance, shall have the designated
meanings:
BOD Biochemical oxygen demand
BMP Best Management Practice
BMR Baseline Monitoring Report
CERCLA Comprehensive Environmental Response, Compensation and Liability Act
CFR Code of Federal Regulations
COD Chemical oxygen demand
CWA Clean Water Act
EPA U.S. Environmental Protection Agency
FOG Fats, oils, and grease
gpd Gallons per day
IU Industrial User
mg/1 Milligrams per liter
NPDES National Pollutant Discharge Elimination System
O&M Operation and maintenance
P2 Pollution Prevention
pH Potential Hydrogen Ion Concentration
POTW Publicly owned treatment works
RCRA Resource Conservation and Recovery Act
SIC Standard industrial classification
SIU Significant Industrial User
SNC Significant Noncompliance
SWDA-F Solid Waste Disposal Act
TPDES Texas Pollutant Discharge Elimination System
TRC Technical review criteria
TSS Total suspended solids
USC -F United States Code
Sec. 106-568. - Purpose and policy.
(a) This ordinance sets forth uniform requirements for direct and indirect contributors into
the wastewater collection and treatment system for the City of Wichita Falls and
enables the city to comply with all applicable state and federal laws required by the
Clean Water Act of 1977 (33 USC 1251 et seq.) and the general pretreatment
regulations (40 CFR 403). The objectives of this ordinance are to:
(1) Prevent the introduction of pollutants into the municipal wastewater system which
will interfere with the operation of the system or contaminate the resulting sludge;
(2) Prevent the introduction of pollutants into the municipal wastewater system which
will pass through the system, inadequately treated, or otherwise be incompatible
with the system;
(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the
system;
(4) Provide for fees for the equitable distribution of the cost of the operation,
maintenance and improvement of the municipal wastewater system;
(5) Protect the health and safety of wastewater treatment and wastewater collection
personnel as well as the general public;
(6) Enable the municipal wastewater system to comply with Texas Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements, and
any other federal or state laws; and
(7) To reduce the operational and maintenance costs of maintaining the sewer system
by preventing the accumulation of grease, oil, and residue within the sewage
system lines; and
(8) To ensure the quality of sludge to allow its use and disposal in compliance with all
applicable statutes and requirements.
(b) This ordinance provides for the regulation of direct and indirect contributors to the
municipal wastewater system through the issuance of permits to certain nondomestic
users and through enforcement of general requirements for the other users, requires
user reporting, assumes that an existing customer's capacity will not be preempted,
and provides for the setting of fees for the equitable distribution of costs resulting from
the program established in this ordinance.
(c) This ordinance shall apply to the city and to persons outside the city who are, by
contract or agreement with the city, users of the city's publicly owned treatment works
(POTW).
Sec. 106-569. - Confidential information.
Information and data on a user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs and from
the Control Authority's inspection and sampling activities and any other information
submitted to the Control Authority pursuant to this ordinance shall be available to the
public without restriction, at least to the extent provided by 40 CFR 2.302, unless the user
specifically requests and is able to demonstrate 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 secrets under applicable federal, state, or local
law. Any such request must be asserted at the time of submission in the manner
prescribed on the application form or instructions or, for other submissions, by stamping
the words "confidential business information" on each page containing such information.
When requested and demonstrated by the user furnishing a report that such information
should be held confidential, the portions of a report which might disclose trade secrets or
secret processes shall not be made available for inspection by the public and shall be
treated in accordance with the procedures in 40 CFR 2 (Public Information), but shall be
made available immediately upon request to governmental agencies for uses related to
the National Pollutant Discharge Elimination System program or pretreatment program,
and in enforcement proceedings involving the person providing the report, unless so
prohibited by 40 CFR 2 (Public Information). 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 available to the public without restriction.
Secs.106-570-106-595. Reserved.
DIVISION 2.-ADMINISTRATION AND ENFORCEMENT
Subdivision I. - In General
Sec. 106-596. - Administration.
Except as otherwise provided in this ordinance, the Utilities Operations Manager /
Control Authority or the Environmental Coordinator of the Public Works Department under
the authority and supervision of the city manager shall administer, implement, and enforce
this division. Any powers granted to or duties imposed upon the Utilities Operations
Manager / Control Authority or the Environmental Coordinator of the Public Works
Department may be delegated by the Utilities Operations Manager / Control Authority or
the Environmental Coordinator of the Public Works Department to other city personnel.
Sec. 106-597. - Public participation in enforcement.
The Control Authority shall comply with the public participation requirements of 40
CFR 25 in the enforcement of national pretreatment standards. As a provision of such,
the Control Authority shall make at least annual public notification, in a newspaper(s) of
general circulation that provides meaningful public notice within the jurisdiction(s) served
by the POTW of Industrial Users which, at any time in the previous 12 months, were in
significant noncompliance with applicable pretreatment standards and requirements. For
the purpose of this section, a Significant Industrial User (or any Industrial User which
violates paragraphs 3,4,7or 8 of this section) is in significant noncompliance if its violation
meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in which 66
percent or more of all measurements taken during a six-month period exceed a
numeric pretreatment standard or requirement, including instantaneous limits for
the same pollutant parameter by any amount;
(2) Technical Review Criteria (TRC) violations, defined here as those in which 33
percent or more of all of the measurements taken for the same pollutant parameter
during a 6-month period equals or exceed the product of the numeric Pretreatment
Standard or Requirement including instantaneous limits, as defined by 40 CFR
403.3(I) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and
grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a Pretreatment Standard or Requirement as defined by 40
CFR 403.3(I) (daily maximum, long-term average, instantaneous limit, or narrative
Standard) that the POTW determines has caused, alone or in combination with
other Discharges, Interference or Pass Through (including endangering the health
of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment or has resulted in the POTW's exercise of its
emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a
discharge:
(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule
date, a compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing construction, or
attaining final compliance;
(6) Failure to provide, within 45 days after the due date, required reports such as
baseline monitoring reports, reports on compliance with categorical Pretreatment
Standard deadlines, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, which may include a violation of Best
Management Practices, which the POTW determines will adversely affect the
operation or implementation of the local Pretreatment Program.
Sec. 106-598. - Water supply severance.
Whenever a user has violated or continues to violate any section of this ordinance or
a provision of an individual wastewater discharge permit or order issued under this
ordinance or any other pretreatment standard or requirement, water service to the user
may be severed. Service will only recommence, at the user's expense, after it has
satisfactorily demonstrated its ability to comply.
Sec. 106-599. - Public nuisances.
A violation of any section of this ordinance or a provision of an individual wastewater
discharge permit or order issued under this ordinance or any other pretreatment standard
or requirement is declared a public nuisance and shall be corrected or abated as directed
by the Control Authority. Any person creating a public nuisance shall be subject to the
sections of this Code governing such nuisances, including reimbursing the city for any
costs incurred in removing, abating, or remedying the nuisance.
Secs. 106-600-106-613. - Reserved.
Subdivision II. - Supplemental Enforcement Action
Sec. 106-614. - Water supply severance.
Whenever a user has violated or continues to violate any section of this ordinance or
a provision of a wastewater discharge permit or order issued under this ordinance or any
other pretreatment standard or requirement, water service to the user may be severed.
Service will only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply.
Sec. 106-615. - Public nuisances.
A violation of any section of this ordinance or a provision of a wastewater discharge
permit or order issued under this ordinance or any other pretreatment standard or
requirement is declared a public nuisance and shall be corrected or abated as directed
by the Control Authority. Any person creating a public nuisance shall be subject to the
sections of this Code governing such nuisances, including reimbursing the city for any
costs incurred in removing, abating, or remedying the nuisance.
Secs. 106-616-106-625. - Reserved.
Subdivision III. - Administrative Enforcement
Sec. 106-626. - Authority of Control Authority.
The Control Authority may issue orders without notice or opportunity for prior hearing,
requiring compliance with standards developed under the authority of the act under 40
CFR 403.8(f)(1)(iii).
Sec. 106-627. - Notification of violation.
When the Control Authority finds that a user has violated or continues to violate any
section of this ordinance, a wastewater discharge permit or order issued under this
ordinance or any other pretreatment standard or requirement, the Control Authority may
serve upon that user a written notice of violation. Within 14 days of the receipt date of this
notice, an explanation of the violation and a plan for the satisfactory correction and
prevention thereof, to include specific required actions, shall be submitted by the user to
the Control Authority. Submission of this plan in no way relieves the user of liability for
any violations occurring before or after receipt of the notice of violation. Nothing in this
subdivision shall limit the authority of the Control Authority to take any action, including
emergency action, without first issuing a notice of violation.
Sec. 106-628. - Consent orders.
The Control Authority is empowered to enter into consent orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with any
user responsible for noncompliance with this ordinance. Such documents will include the
specific action to be taken by the user to correct the noncompliance within a time period
also specified by the document. Such document shall have the same force and effect as
the administrative orders issued pursuant to sections 106-630 and 106-631 and shall be
judicially enforceable.
Sec. 106-629. - Show cause hearing.
The Control Authority may order a user which has violated or continues to violate any
section of this ordinance, a wastewater discharge permit or order issued under this
ordinance or any other pretreatment standard or requirement to appear before the Control
Authority 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 personally or by registered or certified mail, return receipt
requested, 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. Whether or not a duly notified
user appears as noticed, immediate enforcement action may be pursued. Since the user
will have already been in SNC to necessitate the show cause hearing, any action taken
as a result of the hearing shall be in addition to any penalties levied for the SNC.
Sec. 106-630. - Compliance orders.
When the Control Authority finds that a user has violated or continues to violate any
section of this ordinance, a wastewater discharge permit or order issued under this
ordinance or any other pretreatment standard or requirement, the Control Authority may
issue an order to the user responsible for the discharge directing that the user come into
compliance within a specified time. If the user does not come into compliance within the
time provided, sewer and/or water service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to address the
noncompliance, including the installation of pretreatment technology, additional self-
monitoring and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a compliance order
relieve the user of liability for any violation, including any continuing violation. Issuance of
a compliance order shall not be a bar against or a prerequisite for taking any other action
against the user.
Sec. 106-631. - Cease and desist orders.
(a) When the Control Authority finds that a user has violated or continues to violate any
section of this ordinance, a wastewater discharge permit or order issued under this
ordinance 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:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventative action as may be needed to
properly address a continuing or threatened violation, including halting operations
and/or terminating the discharge.
(b) Issuance of a cease and desist order shall not be a bar against or a prerequisite for
taking any other action against the user.
Sec. 106-632. - Administrative fines.
(a) When the Control Authority finds that a user has violated or continues to violate any
section of this ordinance, a wastewater discharge permit or order issued under this
ordinance or any other pretreatment standard or requirement, the Control Authority
may fine such a user in an amount not to exceed $2,000.00. Such fine shall be
assessed on a per-violation, per-day basis. For monthly or other long-term average
discharge limits, fines shall be assessed for each day during the period of violation.
Such assessments may be added to the user's next scheduled sewer service charge,
and the Control Authority shall have such other collection remedies as he has to collect
other service charges.
(b) Unpaid charges, fines, and penalties shall, after 14 calendar days, be assessed an
additional penalty of ten percent of the unpaid balance, and interest shall accrue
thereafter at a rate of one percent per month for every month unpaid up to a maximum
of ten percent per month.
(c) A user desiring to dispute such fine must file a written request for the Control Authority
to reconsider the fine along with full payment of the fine amount within ten days of
being notified of the fine. When the Control Authority believes a request has merit, the
Control Authority may convene a hearing on the matter within 15 days of receiving a
request from the user. If the user's appeal is successful, the payment, together with
any interest accruing thereto, shall be returned to the user. The Control Authority may
add the costs of preparing administrative enforcement actions, such as notices and
orders, to the fine.
(d) Issuance of an administrative fine shall not be a bar against or a prerequisite for taking
any other action against the user.
Sec. 106-633. - Emergency suspensions.
(a) The Control Authority may immediately suspend a user's discharge and/or water
service, after informal notice to the user, whenever such suspension is necessary to
stop an actual or threatened discharge which reasonably appears to present or cause
an imminent or substantial endangerment to the health or welfare of persons. The
Control Authority may also immediately suspend a user's discharge and/or water
service, after notice and opportunity to respond, that threatens to interfere with
operation of the publicly owned treatment works or which presents, or may present,
an endangerment to the environment.
(b) Any user notified of a suspension of its discharge shall immediately stop or eliminate
its contribution. If a user fails to immediately comply voluntarily with the suspension
order, the Control Authority may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize damage to the
publicly owned treatment works, its receiving stream, or endangerment to any
individuals. The Control Authority may allow the user to recommence its discharge
when the user has demonstrated to the satisfaction of the Control Authority that the
period of endangerment has passed, unless the termination proceedings in section
106-634 are initiated against the user.
(c) A user that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the
harmful contribution and the measures taken to prevent any future occurrence, to the
Control Authority prior to the date of any show cause or termination hearing under
section 106-629 or 106-634.
(d) Nothing in this subdivision shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
Sec. 106-634. - Termination of discharge.
(a) In addition to section 106-765, any user who violates the following conditions is subject
to discharge termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics of its
discharge;
(3) Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
(4) Refusal of reasonable access to the user's premises for the purpose of inspection,
monitoring, sampling or industry categorization verification;
(5) Violation of the pretreatment standards in subdivision II of division 4 of this
ordinance;
(6) Violation of any applicable state or federal law; or
(7) Tampering with sampling equipment, sampling lines, or otherwise interfering with
sampling or samples collected for the purpose of influencing or manipulating
sample test results.
(b) Such user will be notified of the proposed termination of its discharge and be offered
an opportunity to show cause under section 106-629 why the proposed action should
not be taken. Exercise of this option by the Control Authority shall not be a bar to or a
prerequisite for taking any other action against the user.
Sec. 106-635. - Liquidated damages.
(a) Each wastewater discharge use permit issued to an industrial user, and as a condition
of issuing such permit, shall contain the following:
"In the event that the Control Authority determines that any user is in violation of any
provisions of Chapter 106, Ordinance VII of the Code of Ordinances of the City of
Wichita Falls, Texas, its wastewater discharge permit, or orders issued hereunder, or
any other pretreatment standard or requirement, the Control Authority shall notify the
user of such violation and require the user to cure the violation within the time
specified in the notice. The user shall respond in writing to the notice of violation within
10 business days from receipt of such notice, setting forth the steps taken to correct
the violation. The Control Authority may extend the time for such response upon a
showing of just cause by the user. If the Control Authority determines that the user is
continuing the violation, the Control Authority may assess liquidated damages at a
minimum of$1,000.00 per violation, per day."
(b) The user retains the right to seek review by the city council of any damages assessed
under this section and the wastewater discharge permit.
(c) Assessments may be added to the user's next scheduled sewer service charge, and
the Control Authority shall have such other collection remedies as may be available
for other service charges and fees.
(d) Issuance of an assessment under this section shall not be a prerequisite for taking
any other action against the user.
Secs. 106-636-106-660. - Reserved.
Subdivision IV. - Judicial Enforcement
Sec. 106-661. - Authority.
If any person discharges sewage, industrial wastes, or other wastes into the
wastewater disposal system contrary to this ordinance or any order or permit issued under
this ordinance, the Control Authority, through the city attorney, may commence an action
for appropriate legal and/or equitable relief in the municipal court for the city.
Sec. 106-662. - Injunctive relief.
When the Control Authority finds that a user has violated or continues to violate any
section of this ordinance, a wastewater discharge permit, or order issued under this
ordinance or any other pretreatment standard or requirement, the Control Authority may
petition the courts through the city attorney for the issuance of a temporary, preliminary,
and/or permanent injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order, or other requirement imposed by
this ordinance on activities of the user. The Control Authority may also seek such other
action as is appropriate for legal and/or equitable relief, including a requirement for the
user to conduct environmental remediation. A petition for injunctive relief shall not be a
bar against or a prerequisite of taking any other action against a user. The Control
Authority shall have such remedies to collect these fees as it has to collect other sewer
service charges.
Sec. 106-663. - Civil penalties.
(a) A user who has violated or continues to violate any section of this ordinance, a
wastewater discharge permit, or order issued under this ordinance or any other
pretreatment standard or requirement shall be liable to the city for a maximum civil
penalty of$2,000.00 per violation per day plus actual damages incurred by the publicly
owned treatment works. For a monthly or other long term average discharge limit,
penalties shall accrue for each day during the period of the violation.
(b) The Control Authority may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and monitoring
expenses, and the cost of any actual damages incurred by the city.
(c) In determining the amount of civil liability, the court shall take into account all relevant
circumstances, including but not limited to the extent of harm caused by the violation,
the magnitude and duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance history of the user, and
any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any
other action against a user.
Sec. 106-664. - Criminal prosecution.
(a) For the purpose of this ordinance, the city shall enact all criminal authorities authorized
under state law.
(b) Any user that willfully or negligently violates any section of this ordinance, any orders
or wastewater discharge permits issued under this ordinance or any other
pretreatment requirement shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of not more than $2,000.00 per violation, per day as provided in
section 106-632.
(c) Any user that knowingly makes any false statements, representations, or certifications
in any application, record, report, plan, or other documentation filed or required to be
maintained pursuant to this ordinance, the wastewater discharge permit or an order
or who falsifies, tampers with or knowingly renders inaccurate any monitoring device
or method required under this ordinance shall, upon conviction, be punished by a fine
per violation.
(d) The purpose of criminal prosecution is to punish noncompliance through court
proceedings and to deter future noncompliance. The city will enforce compliance with
all ordinances in municipal court and will seek the assistance of the district attorney
and/or the U.S. Attorney's office to enforce state statutes and federal laws.
Sec. 106-665. - Remedies nonexclusive.
The remedies provided for in this ordinance are not exclusive. The Control Authority
may take any, all, or any combination of the actions in this subdivision against a
noncompliant user. Enforcement of pretreatment violations will generally be in
accordance with the city's enforcement response plan. However, the Control Authority
may take other action against any user when the circumstances warrant. Further, the
Control Authority is empowered to take more than one enforcement action against any
noncompliant user.
Secs. 106-666-106-690. - Reserved.
Subdivision V. - Affirmative Defenses to Discharge Violations
Sec. 106-691. - Act of God Affirmation Defense
If a person can establish that an event that would otherwise be a violation of this
ordinance within the Control Authority's jurisdiction or an ordinance adopted or an order
or a permit issued under such an 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.
Sec. 106-692. - Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought against
him for noncompliance with the general prohibitions in section 106-816 or the specific
prohibitions in section 106-817 if the user can prove that he did not know or have reason
to know that the discharge, alone or in conjunction with discharges from other sources,
would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user was in compliance
with each limit directly prior to and during the pass through or interference; or
(2) No local limit exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the city was regularly in
compliance with its National Pollutant Discharge Elimination System permit and,
in the case of interference, was in compliance with applicable sludge use or
disposal requirements.
Sec. 106-693. - Bypass.
(a) The following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Bypass means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
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. The term "severe property damage" does not mean economic loss
caused by delays in production.
(b) 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 ensure
efficient operation. These bypasses are not subject to subsections (c) and (d) of this
section.
(c) Notice of bypass shall be given in accordance with the following:
(1) 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.
(2) A user shall submit oral notice to the Control Authority of an unanticipated bypass
that exceeds applicable pretreatment standards within 24 hours from the time it
becomes aware of the bypass. A written submission shall also be provided within
five days of 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; if the bypass has not been corrected,
the anticipated time it is expected to continue; and the 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 the oral report has been
received within 24 hours.
(d) Enforcement action curtailments shall be as follows:
(1) Bypass is prohibited, and the Control Authority may take an enforcement action
against a user for a bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
b. 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 backup 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 preventative maintenance; and
c. The user submitted notices as required under subsection (c) of this section.
(2) 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 listed in subsection (d)(1) of this section.
Secs. 106-694-106-720. - Reserved.
Subdivision VI. - Compliance Monitoring
Sec. 106-721. - Inspection and sampling.
In accordance with 40 CFR 403.8(f)(2)(v), the Control Authority shall randomly
inspect and sample each significant industrial user once a year in order to verify self-
monitoring reports and other user-provided information. This section shall not preclude
the Control Authority from sampling and/or inspecting significant industrial users more
frequently or from sampling or inspecting any nonsignificant industrial user or any other
user.
Sec. 106-722. - Right of entry.
(a) The Control Authority and/or the approval authority shall have the right to enter the
premises of any user, whether or not the user possesses a wastewater discharge
permit, to determine whether the user is complying with all the requirements of this
ordinance and any wastewater discharge permit or order issued under this ordinance.
A user shall allow the Control Authority and/or the approval authority ready access to
all parts of the premises for the purpose of sampling, records examination and
copying, and the performance of any additional duties, including determination and
verification of proper classification of the user as a categorical, noncategorical,
significant, or nonsignificant industrial user.
(b) Where a user has security measures in force which require proper identification and
clearance before entry into its premises, the user shall make necessary arrangements
with its security guards so that, upon presentation of suitable identification, the Control
Authority and/or the approval authority will be permitted to enter without delay for the
purposes of performing specific responsibilities.
(c) The Control Authority shall have the right to set up on the user's property or require
installation of such devices as are necessary to conduct sampling and/or metering of
the user's operations.
(d) The Control Authority may require the user to install sampling equipment, monitoring
equipment, metering equipment, and/or control manholes as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the user at his own expense. All devices used to
measure wastewater flow and quality shall be calibrated at appropriate intervals to
ensure their accuracy.
(e) Any temporary or permanent obstruction, whether object, condition, or otherwise, to
safe and easy access to the facility or the facility's control point shall be promptly
removed by the user at the written or verbal request of the Control Authority and shall
not be replaced. The costs of clearing such access shall be borne by the user.
(f) Unreasonable delays in allowing the Control Authority and/or the approval authority
access to the user's premises shall be a violation of this ordinance.
(g) The right of access of the Control Authority and/or the approval authority shall extend
to but not be limited to any premises where there is a discharge source or pretreatment
system located or where records are required to be kept by this ordinance or under
40 CFR 403. To make a comprehensive determination of user's compliance status,
the Control Authority and/or the approval authority shall have access to all areas of
the facility, including but not limited to areas where chemicals and raw materials are
stored. This right shall be considered at least as extensive as the authority provided
under section 308 of the Act.
(h) During the course of any visit, the Control Authority and/or the approval authority may
document any part or process of the facility by written document, still photography,
video, audio, or any other recording method deemed appropriate by the Control
Authority and/or the approval authority. The user may use the procedures in section
106-569 to request that portions of the documentation be considered confidential
information.
(i) The user shall not deny access by the Control Authority and/or the approval authority
to any area of the facility for any reason, including but not limited to proprietary
processes, security clearance, safety concern, or personal privacy. Any necessary
arrangements for access to all areas shall have been made by the user beforehand
so that upon presentation of suitable identification, the Control Authority and/or the
approval authority shall be permitted to enter any area of the facility without
reasonable delay for the purposes of performing specific responsibilities. The failure
of the user to make any such necessary arrangements shall not constitute a valid
reason for the user to deny entrance by the Control Authority and/or the approval
authority to any area of the facility.
Sec. 106-723. - Search warrants.
If the Control Authority and/or the approval authority has been refused access to a
building, structure, or property or any part thereof and is able to demonstrate probable
cause to believe that there may be a violation of this ordinance or that there is a need to
inspect and/or sample as part of a routine inspection and sampling program of the city
designed to verify compliance with this ordinance or any permit or order issued under this
ordinance or to protect the overall public health, safety and welfare of the community, the
Control Authority may seek issuance of a search warrant.
Secs. 106-724-106-750. - Reserved.
DIVISION 3. - WASTEWATER DISCHARGE PERMIT
Sec. 106-751. - Denial or conditions of new or increased contributions.
The Control Authority may deny or condition new or increased contributions of
pollutants or changes in the nature of pollutants to the publicly owned treatment works by
industrial users where such contributions do not meet applicable pretreatment standards
and requirements or where such contributions would cause the publicly owned treatment
works to violate its Texas Pollutant Discharge Elimination System permit.
Sec. 106-752. - Wastewater analysis.
When requested by the Control Authority, a user must submit information on the
nature and characteristics of its wastewater within a reasonable time specified by the
Control Authority. The Control Authority is authorized to prepare a form for this purpose
and may periodically require users to update this information.
Sec. 106-753. - Requirements.
(a) No significant industrial user shall discharge wastewater into the publicly owned
treatment works without first obtaining a wastewater discharge permit from the Control
Authority, except that a significant industrial user that has filed a timely application
pursuant to section 106-754 or 106-755 may continue to discharge for the time period
specified therein.
(b) The Control Authority may require other users to obtain wastewater discharge permits
as necessary to carry out the purposes of this ordinance.
(c) Any violation of the terms and conditions of a wastewater discharge permit shall be
deemed a violation of this ordinance and subjects the wastewater discharge permittee
to the sanctions set out in sections 106-751-106-759 and sections 106-614 and 106-
615 and subdivisions IV and V of division 2 of this ordinance. Obtaining a wastewater
discharge permit does not relieve a permittee of its obligation to comply with all federal
and state pretreatment standards or requirements or with any other requirements of
federal, state, and local law.
Sec. 106-754. - Existing connections.
Any user required to obtain a wastewater discharge permit who was discharging
wastewater into the publicly owned treatment works prior to the effective date of the
ordinance from which this section derives and who wishes to continue such discharges
in the future shall, within 30 days after such date, apply to the Control Authority for a
wastewater discharge permit in accordance with section 106-757 and shall not cause or
allow discharges to the publicly owned treatment works to continue after 60 days of the
effective date of the ordinance from which this section derives except in accordance with
a wastewater discharge permit issued by the Control Authority. All users currently under
a permit may continue to discharge wastewater for the duration of the permit with the
provision that all prohibitions in this ordinance shall be considered to be in force at the
effective date of the ordinance from which this ordinance derives.
Sec. 106-755. - New connections.
Any user required to obtain a wastewater discharge permit who proposes to begin or
recommence discharging into the publicly owned treatment works must obtain such a
permit prior to the beginning or recommencing of such discharge. An application for this
wastewater discharge permit, in accordance with section 106-757, must be filed at least
60 days prior to the date upon which any discharge will begin or recommence.
Sec. 106-756. - Extrajurisdictional industrial users.
This ordinance shall apply to all persons outside the city who are, by contract or
agreement with the city, users of the city's publicly owned treatment works, and thus such
users may be required to obtain a wastewater discharge permit in accordance with all
applicable sections of this division.
Sec. 106-757. - Application contents.
(a) All users required to obtain a wastewater discharge permit must submit a permit
application. The Control Authority may require all users to submit as part of an
application the following information:
(1) All information required by section 106-881(b);
(2) Description of activities, facilities, and plant processes on the premises, including
a list of all raw materials and chemicals used or stored at the facility which are or
could accidentally or intentionally be discharged to the publicly owned treatment
works;
(3) Number and type of employees, hours of operation, and proposed or actual hours
of operation;
(4) Each product produced by type, amount, process and rate of production;
(5) Type and amount of raw materials processed (average and maximum per day);
(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all
sewers, floor drains, and appurtenances by size, location, and elevation, and all
points of discharge;
(7) Time and duration of discharges; and
(8) The location for monitoring all wastes covered by the permit
(9) Flow Measurements 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 us of the combined wastestream
formula (40 CFR 403.6(e)).
(10) Measurement of Pollutants.
(i) The categorical Pretreatment Standards applicable to each regulated process
and any new categorical regulated processes for Existing Sources
(ii) 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.
(iii) Instantaneous, Daily Maximum, and long-term average concentrations, or
mass, where required, shall be reported.
(iv) The sample shall be representative of daily operations and shall be analyzed
in the accordance with procedures set out in section 106-891of this
ordinance. Where alternative, the User shall submit documentation as
required by the Control Authority or the applicable Standards to determine
compliance with the Standard.
(v) Sampling must be performed in accordance with procedures set out in section
106-891 of this ordinance.
(11) Any other information as may be deemed necessary by the Control
Authority to evaluate the wastewater discharge permit application.
(b) Incomplete or inaccurate applications will not be processed and will be returned to the
user for revision.
Sec. 106-758. - Application signatories and certification.
All wastewater discharge permit applications and user reports must be signed by an
authorized representative of the user and shall contain the following certification
statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to ensure
that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information, including the
possibility of fine or imprisonment for knowing violations."
If the designation of an Authorized Representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility or
overall responsibility for environmental matters for the company, a new written
authorization satisfying the requirement of this section must be submitted to the Control
Authority prior to or together with any reports to be signed by an Authorized
Representative
Sec. 106-759. - Decisions.
The Control Authority will evaluate the data furnished in the application for a
wastewater discharge permit by the user and may require additional information. Within
30 days of receipt of a complete wastewater discharge permit application, the Control
Authority will determine whether or not to issue a wastewater discharge permit. The
Control Authority may deny any application for a wastewater discharge permit.
Sec. 106-760. - Duration.
A wastewater discharge permit shall be issued for a period of less than five years
from the effective date of the permit. Each wastewater discharge permit will indicate a
specific date upon which it will expire.
Sec. 106-761. - Contents.
(a) A wastewater discharge permit shall include such conditions as are deemed
reasonably necessary by the Control Authority to:
(1) Prevent pass through or interference;
(2) Protect the quality of the water body receiving the treatment plant's effluent;
(3) Protect worker health and safety;
(4) Facilitate sludge management and disposal; and
(5) Protect against damage to the publicly owned treatment works.
(b) Wastewater discharge permits must contain the following:
(1) A statement that indicates wastewater discharge permit duration, for a period of
less than five years, including the dates of issuance and expiration;
(2) A statement that the wastewater discharge permit shall not be reassigned or
transferred or sold to a new owner, new user, different premises, or a new or
changed operation without the prior notification and approval of the Control
Authority in accordance with section 106-764 and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge permit, all with
the provision that the Control Authority may require a new wastewater discharge
permit application be made in lieu of a permit being reassigned or transferred or
sold;
(3) Effluent limits, including, based on applicable general pretreatment standards in
40 CFR 403, categorical pretreatment standards, local limits, Best Management
Practices, and state and local law;
(4) Self-monitoring, sampling, reporting, notification and recordkeeping requirements,
including an identification of the pollutants (or BMPs) to be monitored, sampling
location, sampling frequency, and sample type, based on the applicable general
pretreatment standards in 40 CFR 403, categorical pretreatment standards, local
limits, and state and local law. Where the Control Authority has authorized
alternate sampling (such as grab versus composite, or time proportional versus
flow proportional composite sampling), alternate sampling protocols shall be
specified in the permit; and
(5) 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.
(6) Requirements to control Slug Discharges, if determined by the Control Authority to
be necessary.
(c) Wastewater discharge permits may at the discretion of the Control Authority contain
but not be limited to the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge and/or
requirements for flow regulation and equalization.
(2) Requirements for the installation of pretreatment technology, pollution control, or
construction of appropriate containment devices, designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works.
(3) Requirements for the development and implementation of spill control plans or
other special conditions including management practices necessary to adequately
prevent accidental, unanticipated, or nonroutine discharges.
(4) Development and implementation of waste minimization plans or pollution
prevention (P2) programs to reduce the amount of pollutants discharged to the
publicly owned treatment works.
(5) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the publicly owned treatment works.
(6) Requirements for installation and maintenance of inspection and sampling facilities
and equipment.
(7) A statement that compliance with the wastewater discharge permit does not relieve
the permittee of responsibility for compliance with all applicable federal and state
pretreatment standards, including those which become effective during the term of
the wastewater discharge permit.
(8) Any Best Management Practices required by the Control Authority.
(9) Other conditions as deemed appropriate by the Control Authority to ensure
compliance with this ordinance and state and federal laws, rules, and regulations.
Sec. 106-762. - Appeals.
(a) The Control Authority shall provide public notice of issuance of a wastewater
discharge permit. Any person, including the user, may petition the Control Authority to
reconsider the terms of a wastewater discharge permit within 90 days of notice of its
issuance.
(b) Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
(c) In its petition, the appealing party must indicate the wastewater discharge permit
provisions objected to, the reasons for this objection, and the alternative condition, if
any, it seeks to place in the wastewater discharge permit.
(d) The effectiveness of the wastewater discharge permit shall not be stayed pending the
appeal.
(e) If the Control Authority fails to act within 30 days, a request for reconsideration shall
be deemed to be denied. Decisions not to reconsider a wastewater discharge permit,
not to issue a wastewater discharge permit, or not to modify a wastewater discharge
permit shall be considered final administrative actions for purposes of judicial review.
Sec. 106-763. - Modification.
The Control Authority may modify a wastewater discharge permit for good cause,
including but not limited to the following reasons:
(1) To incorporate any new or revised federal, state, or local pretreatment standards
or requirements;
(2) To address significant alterations or additions to the user's operation, processes,
or wastewater volume or character since the time of the wastewater discharge
permit issuance;
(3) A change in the publicly owned treatment works that requires either a temporary
or permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the city's
publicly owned treatment works, city personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13-1 or
(8) To correct typographical or other errors in the wastewater discharge permit.
(9) To reflect a transfer of the facility ownership or operation to a new owner or
operator where requested in accordance with section 106-764.
Sec. 106-764. - Transferability.
Wastewater discharge permits are issued to a specific user for a specific operation.
A wastewater discharge permit shall not be reassigned or transferred or sold to a new
owner, new user, different premises, or a new or changed operation without the approval
of the Control Authority. Any succeeding owner or user shall also comply with the terms
and conditions of the existing permit. The Control Authority may require a new wastewater
discharge permit application be made in lieu of a permit transfer.
Sec. 106-765. - Revocation.
(a) The Control Authority may revoke a wastewater discharge permit for good cause,
including but not limited to the following reasons:
(1) Failure to notify the Control Authority of significant changes to the wastewater prior
to the changed discharge;
(2) Failure to provide prior notification to the Control Authority and/or the POTW of
changed conditions pursuant to section 106-885;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
(4) Falsifying self-monitoring reports and certification statements;
(5) Tampering with monitoring equipment section 106-886;
(6) Refusing to allow the Control Authority and/or approval authority timely access to
the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges or surcharges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12) Failure to provide advance notice of the transfer of business ownership of
a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this ordinance.
(b) Wastewater discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All wastewater discharge permits issued to a particular
user are void upon the issuance of a new wastewater discharge permit to that user.
Sec. 106-766. - Reissuance.
A user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit reissuance by submitting a complete permit application, in accordance
with section 106-757, a minimum of 15 days prior to the expiration of the user's existing
wastewater discharge permit.
Sec. 106-767. - Regulation of waste received from other jurisdictions.
(a) If another municipality or user located within another municipality contributes
wastewater to the publicly owned treatment works, the Control Authority shall enter
into an intermunicipal agreement with the contributing municipality.
(b) Prior to entering into an agreement required by subsection (a) of this section, the
contributing municipality must provide the following information to the Control
Authority:
(1) A description of the quality and volume of wastewater discharged to the publicly
owned treatment works by the contributing municipality;
(2) An inventory of all users located within the contributing municipality that are
discharging to the publicly owned treatment works; and
(3) Such other information as the Control Authority may deem necessary.
(c) An intermunicipal agreement, as required by subsection (a) of this section, shall
contain the following conditions and local limits, including required BMRs which are:
(1) A requirement for the contributing municipality to adopt a sewer use ordinance
which is at least as stringent as this ordinance and local limits which are at least
as stringent as those set out in section 106-820. The requirement shall specify that
such ordinance and limits must be revised as necessary to reflect changes made
to the city's ordinance or local limits;
(2) A requirement for the contributing municipality to submit a revised user inventory
on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including
wastewater discharge permit issuance, inspection and sampling, and
enforcement, will be conducted by the contributing municipality; which of these
activities will be conducted by the Control Authority; and which of these activities
will be conducted jointly by the contributing municipality and the Control Authority;
(4) A requirement for the contributing municipality to provide the Control Authority with
access to all information that the contributing municipality obtains as part of its
pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the publicly owned treatment works;
(6) Requirements for monitoring the contributing municipality's discharge;
(7) A provision ensuring the Control Authority and/or the approval authority access to
the facilities of users located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling, and any other duties deemed
necessary by the Control Authority; and
(8) A provision specifying remedies available for breach of the terms of the
intermunicipal agreement.
Secs. 106-768-106-790. - Reserved.
DIVISION 4. - SEWER USE REGULATIONS
Subdivision I. - In General
Secs. 106-791-106-815. - Reserved.
Subdivision II. - Prohibited Discharges
Sec. 106-816. - General prohibitions.
No user shall introduce or cause to be introduced into the publicly owned treatment
works any pollutant or wastewater which causes pass through or interference. These
general prohibitions and the specific prohibitions in section 106-817 apply to all users of
the publicly owned treatment works, whether or not they are subject to categorical
pretreatment standards or any other national, state, or local pretreatment standards or
requirements.
Sec. 106-817. - Specific prohibitions.
(a) No user shall introduce or cause to be introduced into the publicly owned treatment
works the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the publicly owned treatment
works, including but not limited to wastestreams with a closed-cup flashpoint of
less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods
specified in 40 CFR 261.21.
(2) Wastewater having a pH less than five or more than 12, or otherwise causing
corrosive structural damage to the publicly owned treatment works or equipment.
(3) Solid or viscous substances in an amount which will cause obstruction of the flow
in the publicly owned treatment works resulting in interference, but in no case
solids greater than two inches or five centimeters in any dimension.
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a
discharge at a flow rate and/or pollutant concentration which, either singly or by
interaction with other pollutants, will cause interference with the publicly owned
treatment works.
(5) Heat in amounts which will inhibit biological activity in the treatment plant resulting
in interference, but in no case heat in such quantities which causes the
temperature at the introduction into the treatment plant to exceed 104 degrees
Fahrenheit (40 degrees Celsius).
(6) Petroleum oil, non biodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass through.
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the
publicly owned treatment works in a quantity that may cause acute worker health
and safety problems.
(8) Trucked or hauled pollutants, except at discharge points designated by the city in
accordance with section 106-854.
(9) Fats, oils and grease in concentrations greater than 500 mg/I, or which violate any
other section of this subdivision.
(b) Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the publicly
owned treatment works.
Sec. 106-818. - National categorical pretreatment standards.
(a) The categorical pretreatment standards found at 40 CFR chapter I, subchapter N,
parts 405-471 are incorporated. All existing or new users shall also comply with all
applicable pretreatment standards and requirements, including those set forth in 40
CFR 403.6.
(b) When wastewater subject to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard, the Control Authority shall impose an
alternate limit using the combined wastestream formula in 40 CFR 403.6(e).
(c) A user may obtain a variance from a categorical pretreatment standard if the user can
prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that
factors relating to its discharge are fundamentally different from the factors considered
by the Environmental Protection Agency when developing the categorical
pretreatment standard.
(d) A user may obtain a net gross adjustment to a categorical standard in accordance
with 40 CFR 403.15.
(1) Categorical Pretreatment Standards may be adjusted to reflect the presence of
pollutants in the Industrial User's intake water in accordance with this section. Any
Industrial User wishing to obtain credit for intake pollutants must make application
to the Control Authority. Upon request of the Industrial User, the applicable
Standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for
pollutants in the intake water) if the requirements of paragraph (2) of this section
are met.
(2) Criteria
(i) Either (i) The applicable categorical Pretreatment Standards contained in
40 CFR subchapter N specifically provide that they shall be applied on a net
basis; or (ii) The Industrial User demonstrates that the control system it
proposes or uses to meet applicable categorical Pretreatment Standards
would, if properly installed and operated, meet the Standards in the absence
of pollutants in the intake waters.
(ii) Credit for generic pollutants such as biochemical oxygen demand (BOD),
total suspended solids (TSS), and oil and grease should not be granted
unless the Industrial User demonstrates that the constituents of the generic
measure in the User's effluent are substantially similar to the constituents
of the generic measure in the intake water or unless appropriate additional
limits are placed on the process water pollutants either at the outfall or
elsewhere.
(iii) Credit shall be granted only to the extent necessary to meet the applicable
categorical Pretreatment Standards(s), up to a maximum value equal to the
influent value. Additional monitoring may be necessary to determine
eligibility for credits and compliance with Standard(s) adjusted under this
section.
(iv) Credit shall be granted only if the User demonstrates that the intake water
is drawn from the same body of water as that into which the POTW
discharges. The Control Authority may waive this requirement if it finds that
no environmental degradation will result.
Sec. 106-819. - State pretreatment standards.
State requirements and limitations on discharges to the publicly owned treatment
works shall be met by all dischargers which are subject to such standards in any instance
in which they are more stringent than federal requirements and limitations or those in this
ordinance or any other applicable ordinance.
Sec. 106-820. - Local limits.
(a) The city has two publicly owned treatment works: POTW#1, known as the Northside
Treatment Plant, located at 5645 Burkburnett Road, Wichita Falls, Texas, and POTW
#2, known as the Wichita Falls Resource Recovery Facility, located at 1005 River
Road, Wichita Falls, Texas. As these two publicly owned treatment works have
different capacities, flow characteristics, and receiving waters, the city has developed
maximum allowable discharge limits for industrial users for each treatment works.
(b) Each industrial discharger will be required to adhere to those limits established at the
treatment works receiving its wastewater discharge. The following local limits are
established to protect against pass through and interference and to protect sludge
quality. These limits are deemed Pretreatment Standards for the purpose of section
307(d) of the Act. Except as provided, no person shall discharge wastewater in excess
of the following maximum allowable discharge limits:
Wichita Falls Northside Treatment
Pollutant Resource Recovery Facility Plant
m g/I m g/I
Antimony 1.42 0.34
Arsenic 0.89 0.21
Beryllium 0.07 0.47
Cadmium 0.39 0.08
Chromium 6.82 3.48
Copper 6.75 2.30
Cyanide 0.38 0.06
Lead 2.26 0.58
Mercury 0.0083 0.0073
Nickel_T 4.64 0.34
Phenols _T 3.94 0.87
Selenium F 0.17 0.02
Silver T 0.66 0.66
Zinc 42.54 1.72
(c) Discharge of wastewater containing BOD and/or TSS in concentrations greater than
300 mg/I and fats, oils and grease in concentrations greater than 100 mg/I will be
subject to a sewer surcharge at a rate set by the city council to defray the additional
costs of treatment for excessive BOD, TSS and fats, oils and grease at the publicly
owned treatment works.
(d) The surcharge will be an additional charge to the current monthly industrial sewer
charge. The surcharge will not be retroactive, but will continue until such time
subsequent tests determine that the surcharge requires adjustment.
(e) The limits in this section applies to Local Limits only at the point where the wastewater
is discharged to the publicly owned treatment works. All concentrations for metallic
substances are for total metal unless indicated otherwise. The Control Authority may
impose mass limitations in addition to the concentration-based limitations in this
section.
(f) The Control Authority may impose additional and/or alternative limits by permit on
specific individual industrial users. These limits shall be technically based on the
allowable loading of the specified pollutant at the appropriate treatment plant. In no
case shall these additional and/or alternative limits be less stringent than the above
limits, or any applicable federal or state statute.
(g) The Control Authority may develop Best Management Practices (BMPs), by ordinance
or in individual wastewater discharge permits, to implement Local Limits and the
requirements of this ordinance.
Sec. 106-821. - City's right of revision.
The city reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to the publicly owned
treatment works.
Sec. 106-822. - Dilution.
No user shall ever increase the use of process water or in any other way attempt to
dilute a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Control Authority may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards or
requirements or in other cases when the imposition of mass limitations is appropriate.
Secs. 106-823-106-850. - Reserved.
Subdivision III. - Pretreatment Requirements
Sec. 106-851. - Pretreatment facilities.
Users shall provide necessary wastewater treatment to comply with this ordinance
and shall achieve compliance with all applicable categorical pretreatment standards, local
limits, and the prohibitions established by this ordinance in subdivision II of this division
within the time limitations specified by the Environmental Protection Agency, the state, or
the Control Authority, whichever is more stringent. Any facilities necessary for compliance
shall be provided, operated, and maintained at the user's expense. Detailed plans
describing such facilities and operating procedures shall be submitted to the Control
Authority for review and shall be acceptable to the Control Authority before such facilities
are constructed. The review of such plans and operating procedures shall in no way
relieve the user from the responsibility of modifying such facilities as necessary to
produce a discharge acceptable to the city under this ordinance.
Sec. 106-852. - Additional pretreatment measures.
(a) Whenever deemed necessary, the Control Authority may require users 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 meet such other conditions
as may be necessary to protect the publicly owned treatment works and determine
the user's compliance with the requirements of this ordinance.
(b) The Control Authority may require any person discharging into the publicly owned
treatment works to install and maintain, on his property and at his expense, a suitable
storage and flow-control facility to ensure equalization of flow. A wastewater discharge
permit may be issued solely for flow equalization. All records, charts, recorded charts
or strips, and logs of such controls shall be maintained and provided upon request of
the Control Authority.
(c) Grease, oil, and sand interceptors or traps shall be provided when, in the opinion of
the Control Authority, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil or sand; however, such interceptors
or traps shall not be required for residential users. All interception units shall be of a
type and capacity approved by the Control Authority and shall be so located to be
easily accessible for cleaning and inspection. Such interceptors or traps shall be
inspected, cleaned, and repaired regularly, as needed, by the user at his expense. A
record of maintenance, repairs, and a log of pumping and waste hauling of contents
shall be maintained and provided to the Control Authority upon request.
(d) Users with the potential to discharge flammable substances may be required to install
and maintain an approved combustible gas detection meter.
(e) The Control Authority may require any user to install or have installed at the user's
expense a control manhole, of a size and construction approvable by the Control
Authority. Additionally, the Control Authority may require the user to construct or have
constructed at the user's expense any structures, appurtenances, fences,
embankments, rail guards, posts, security system, or any other device with eye bolts,
locks, lights, signs, or any other device to ensure the security and safety of Control
Authority personnel and sampling equipment.
Sec. 106-853. - Accidental discharge and slug control plans.
(a) Within one year of being designated as a SIU and at least once every two years
thereafter whether each SIU needs a plan or other action to control slug discharges.
The Control Authority may require any user to develop, submit for approval, and
implement such a plan or take such other action that may be necessary. Alternatively,
the Control Authority may develop such a plan for any user. An accidental discharge
plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Control Authority, other regulatory
agencies such as the EPA and the approval authority, and the appropriate
wastewater treatment plant of any accidental or slug discharge, as required by
section 106-886; and
(4) 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 including solvents,
and/or measures and equipment for emergency response. The location of floor
drains, if present, and any other possible sources of introduction into the waste
stream or sanitary sewage system will also be identified.
(b) The Control Authority is required to keep records of the activities associated with slug
control evaluations and the results are required to be available to the Approval
Authority upon request.
Sec. 106-854. - Hauled wastewater.
The following requirements are in addition to section 106-311 and subdivision III of
division 2 of this ordinance:
(1) Septic tank waste shall only be introduced into the publicly owned treatment works
at locations designated by the publicly owned treatment works and at such times
as are established by the publicly owned treatment works. Such waste shall not
violate subdivision II of this division or any other requirements established by the
city. The Control Authority shall require septic tank waste haulers to obtain
wastewater discharge permits.
(2) The Control Authority may require haulers of industrial wastewater to obtain
wastewater discharge permits. The Control Authority may require generators of
hauled industrial wastewater to obtain wastewater discharge permits. The Control
Authority may also prohibit the disposal of hauled industrial wastewater. The
discharge of hauled industrial wastewater is subject to all other requirements of
this ordinance.
(3) Industrial wastewater haulers shall discharge loads only at locations designated
by the publicly owned treatment works. No load may be discharged without prior
consent of the publicly owned treatment works. The publicly owned treatment
works or the Control Authority may collect samples of each hauled load to ensure
compliance with applicable standards. The publicly owned treatment works or the
Control Authority may require the industrial wastewater hauler to provide a waste
analysis of any load prior to discharge.
(4) Industrial wastewater hauler must provide a trip ticket for every load.
(5) The superintendent of the POTW, or his designated representative, may at any
time and without prior notice, refuse to allow the discharge of any specific load of
hauled wastewater from any particular liquid waste hauler. This refusal may be
based upon such criteria as questionable physical characteristics of the hauled
wastewater (odor, color, etc.), past history of the manifested liquid waste
generator, or any other such information or judgment that the discharge may
adversely affect the POTW in any way. In the event of such refusal of discharge,
the wastehauler shall provide to the Control Authority within 30 days, a manifest
indicating the proper disposal of that load of hauled wastewater.
Sec. 106-855. - Disposal of contaminated water from leaking petroleum storage
tank sites.
(a) After treatment to specified standards, the contaminated water will be placed in a
sanitary sewer line where possible. Disposal into the sanitary sewer system will be
based on the quality of the water, the peak flow to be placed into the sewer, sewer
capacity available, and the availability of sanitary sewer systems.
(b) If necessary, the treated water can be placed into the storm drainage system. This
disposal method will require an approval authority permit to discharge the treated
water into the surface waters of the state. Disposal via the storm drain system must
not create a nuisance to the properties between the affected site and the public stream
where discharge is permitted by the approval authority.
(c) Where it is not possible or feasible to dispose of the treated waters in the sanitary
sewer or the disposal by storm drain will create a nuisance effect, and no other
disposal methods are available, the city will determine the improvements required in
the sanitary or storm drain systems to accept the flow. All improvements will be at the
sole expense of the owner of the contaminated site. All improvements must be
installed per city standards and procedures, and must be dedicated to the city.
(d) All waters from a contaminated site, before disposal into a sanitary sewer, must meet
the quality standards of this subdivision with the addition of the following standards for
BTEX, lead, and total hydro-carbons:
Chemical ug/liter mg/liter
Benzene 1,000 1.0
Toluene 1,000 1.0
Ethyl benzene 1,000 1.0
Xylenes 1,000 1.0
Total BTEX 2,000 2.0
Total petroleum
Hydrocarbons (TPH) 2.0
Lead (Wichita Falls Resource Recovery Facility POTW) 2.26
Lead (Northside POTW) 0.58
(e) Prior to disposal of the treated water from the contaminated site, the site owner must
present to the Control Authority a copy of the approval authority approved plan for
corrective action and, as required, an approval authority permit to discharge to surface
waters. The Control Authority will be provided a copy of all laboratory tests conducted
to meet the approval authority requirements in the plan for corrective action. The
Control Authority may require additional tests beyond those of the approval authority
approved plan of corrective action.
(f) These procedures apply to either pump-and-treat flows or batch releases of treated
waters from contaminated sites. Under no circumstances will a site owner dispose of
treated waters from a LPST contaminated site in the city until authorized to do so by
the Control Authority.
(g) The owner will be required to obtain a permit from the Control Authority. This permit
must be renewed annually. The owner must pay an initial permit fee and an annual
fee to renew the permit. In addition, each month the owner may pay a fee to defray
the cost of reviewing lab results and the results of city-initiated sampling and testing
to ensure compliance with both the remedial action plan and the industrial
pretreatment ordinance. These costs must be paid until the site is closed by the
approval authority and disposal of treated waters has ceased. A statement of the
amount of these fees can be obtained from the Control Authority.
(h) If the treated water is disposed of in the sanitary sewer, there will be a minimum
monthly charge plus the current commodity charge per 1,000 gallons disposed. The
amount disposed generally shall be determined by the rated capacity of the pumps in
a pump-and-treat system or by the size of the container in a batch disposal system
(added).
Sec. 106-856. - Fraud and false statements.
The reports and other documents required to be submitted or maintained under this
ordinance shall be subject to:
(1) The provisions of 18 USC 1001 relating to fraud and false statements;
(2) The provisions of section 309(c)(4) of the act, as amended, governing false
statements, representations, or certifications; and
(3) The provisions of section 309(c)(6) of the act regarding responsible corporate
officers.
Secs. 106-857-106-880. - Reserved.
DIVISION 5. - REPORTING REQUIREMENTS
Sec. 106-881. - Baseline monitoring reports.
(a) Generally. Within either 180 days after the effective date of a categorical pretreatment
standard or 180 days after the final administrative decision on a category
determination under 40 CFR 403.6(a)(4), whichever is later, existing industrial users
subject to such categorical pretreatment standards and currently discharging to or
scheduled to discharge to the publicly owned treatment works shall submit to the
Control Authority a report which contains the information listed in subsection (b) of this
section. At least 90 days prior to commencement of discharge, new sources and
sources that become industrial users subsequent to the promulgation of an applicable
categorical pretreatment standard shall be required to submit to the Control Authority
a report which contains the information listed in subsection (b) of this section. New
sources shall also be required to include in this report information on the method of
pretreatment the source intends to use to meet applicable pretreatment standards.
New sources shall give estimates of the information requested in subsections (b)(4)
and (5) of this section.
(b) Required information to submit. Users described in subsection (a) of this section shall
submit the following information:
(1) Identifying information. The name and address of the facility, including the name
of the operator and owners.
(2) Environmental permits. A list of any environmental control permits held by or for
the facility.
(3) Description of operations. A brief description of the nature, average rate of
production, and standard industrial classification of the operation carried out by the
user. This description should include a schematic process diagram which indicates
points of discharge to the publicly owned treatment works from the regulated
processes.
(4) Flow measurement. Information showing the measured daily and maximum daily
flow, in gallons per day, to the publicly owned treatment works from each of the
following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined wastestream formula
of 40 CFR 403.6(e). (See subsection (b)(5)d of this section.)
The Control Authority may allow for verifiable estimates of these flows where
justified by cost or feasibility consideration.
(5) Measurement of pollutants.
a. The categorical pretreatment standards applicable to each regulated process.
b. The user shall take a minimum of one representative sample to compile that
data necessary to comply with the requirements of this subsection.
c. Samples should be taken immediately downstream from pretreatment facilities
if such exist or immediately downstream from the regulated process if no
pretreatment exits. If other wastewaters are mixed with the regulated
wastewater prior to pretreatment the User should measure the flows and
concentrations necessary to allow use of the combined wastestream formula
in 40 CFR 403.6(e) this adjusted limit along with supporting data shall be
submitted to the Control Authority.
d. Sampling must be performed in accordance with procedures set out in section
106-891.
e. The Control Authority may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information sufficient
to determine the need for industrial pretreatment measures.
f. The baseline report shall indicate the time, date, and place of sampling and
methods of analysis and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges to the
publicly owned treatment works.
g. In cases where the Standard requires compliance with a BMP or pollution
prevention alternative, the user shall submit documentation as required by the
Control Authority or the applicable standards to determine compliance with the
standard.
(6) Certification. A statement, reviewed by an authorized representative of the
industrial user and certified by a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis and, if not, whether
additional operation and maintenance (O&M) and/or additional pretreatment is
required for the industrial user to meet the pretreatment standards and
requirements.
(7) Compliance schedule. If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the industrial
user will provide such additional treatment and/or O&M. The completion date in
this schedule shall not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule pursuant to this section
must meet the requirements set out in section 106-882.
a. Where the industrial user's categorical pretreatment standard has been
modified by a removal allowance (40 CFR 403.7), the combined wastestream
formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance
(40 CFR 403.13) at the time the user submits the report required by subsection
(b) of this section, the information required by subsections (b)(6) and (7) of this
section shall pertain to the modified limits.
b. If the categorical pretreatment standard is modified by a removal allowance (40
CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a
fundamentally different factors variance (40 CFR 403.13) after the user submits
the report required by subsection (b) of this section, any necessary
amendments to the information required by subsections (b)(6) and (7) of this
section shall be submitted by the user to the Control Authority within 60 days
after the modified limit is approved.
c. The Control Authority shall have the authority to set compliance schedules
where and when it so deems necessary or if the user's compliance schedule is
deemed inadequate by the Control Authority.
(8) Signature and certification. All baseline monitoring reports must be signed and
certified in accordance with section 106-758.
(9) In cases where the Pretreatment Standard requires compliance with a Best
Management Practice (BMP) or pollution prevention alternative, the user must
submit documentation required by the Control Authority or the Pretreatment
Standard necessary to determine the compliance status of the user
Sec. 106-882. - Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by section
106-881(b)(7):
(1) The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the industrial user to meet the
applicable categorical pretreatment standards. Such events include but are not
limited to hiring an engineer, completing preliminary plans, completing final plans,
executing a contract for major components, commencing construction, completing
construction, pretreatment system start-up, first discharge, and beginning and
conducting routine operation.
(2) No increment referred to in subsection (1)of this section shall exceed nine months.
(3) Not later than 14 days following each date in the schedule and the final date for
compliance, the industrial user shall submit a progress report to the Control
Authority, including, at a minimum, whether or not the user complied with the
increment of progress to be met on such date and, if not, the date on which the
user expects to comply with this increment of progress, the reason for delay, and
the steps being taken by the industrial user to return the construction to the
schedule established.
(4) In no event shall more than nine months elapse between such progress reports to
the Control Authority.
Sec. 106-883. - Reports on compliance with categorical pretreatment standard
deadline.
Within 90 days following the date for final compliance with applicable categorical
pretreatment standards or, for a new source, following commencement of the introduction
of wastewater into the publicly owned treatment works, any industrial user subject to such
pretreatment standards and requirements shall submit to the Control Authority a report
containing the information described in section 106-881(b)(4)-(6) & (9). For all other
industrial users subject to categorical pretreatment standards expressed in terms of
allowable pollutant discharge per unit of production or other measure of operation, 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 section 106-758.
All sampling will be done in conformance with section 106-891.
In cases where the Standard requires compliance with a BMP or pollution
prevention alternative, the user shall submit documentation as required by the Control
Authority or the applicable standards to determine compliance with the standard.
Sec. 106-884. - Periodic compliance reports for categorical industrial users.
(a) Any industrial user subject to a categorical standard, after the compliance date of such
pretreatment standard or, for a new source, after commencement of the discharge
into the publicly owned treatment works, shall submit to the Control Authority during
the months of June and December, unless required more frequently in the
pretreatment standard or by the Control Authority, the Environmental Protection
Agency, or the approval authority, a report indicating the nature and concentration of
pollutants in the effluent which are limited by such categorical pretreatment standards.
In cases where the pretreatment standard requires compliance with a Best
Management Practice (BMP) or pollution prevention alternative, the industrial user
must submit documentation required by Control Authority or the pretreatment standard
necessary to determine the compliance status of the industrial user. In addition, this
report shall include a record of measured or estimated average and maximum daily
flows for the reporting period for the discharge reported in section 106-881(b)(4)
except that the Control Authority may require more detailed reporting of flows. At the
discretion of the Control Authority and in consideration of such factors as local high or
low flow rates, holidays, budget cycles, etc., the Control Authority may agree to alter
the months during which such reports are to be submitted. All compliance reports must
be signed and certified in accordance with section 106-758. The samplings may be
done in the five months preceding the submittal months; however, they must be done
within the same permit year.
(b) All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a user to keep its
monitoring facility in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(c) If a user subject to the reporting requirement in this division monitors any regulated
pollutant at the appropriate sampling location more frequently than required by the
Control Authority, using the procedures prescribed in section 106-891, the results of
this monitoring shall be included in this report.
(d) The reports required in this section shall be based upon data obtained through
appropriate sampling and analysis performed during the period covered by the report,
which data is representative of conditions occurring during the reporting period. The
Control Authority shall require that frequency of monitoring necessary to assess and
ensure compliance by industrial users with applicable pretreatment standards and
requirements.
(e) All periodic compliance reports must be signed and certified in accordance with
section 106-758.
Sec. 106-885. - Periodic compliance reports for significant noncategorical industrial
users.
Significant noncategorical industrial users shall submit to the Control Authority at least
once every six months, on dates specified by the Control Authority, a description of the
nature, concentration, and flow of the pollutants required to be reported to the Control
Authority. In cases where compliance with a Best Management Practice (BMP) or
pollution prevention alternative is required, the user must submit documentation required
by the Control Authority necessary to determine the compliance status of the user. These
reports shall be based on sampling and analysis performed in the period covered by the
report, and performed in accordance with the techniques described in section 106-891.
All periodic compliance reports must be signed and certified in accordance with section
106-758.
Sec. 106-886. - Reports of changed conditions.
(a) Each user must promptly notify both the Control Authority and the POTW in advance
of any planned significant or substantial changes to the user's operations or system
which might alter the nature, character, quality, or volume of its wastewater at least
30 days before the change.
(b) The Control Authority may require the user to submit such information as may be
deemed necessary to evaluate the changed condition, including the submission of a
wastewater discharge permit application under section 106-759.
(c) The Control Authority may issue a wastewater discharge permit under section 106-
759 or modify an existing wastewater discharge permit under section 106-763 in
response to changed conditions or anticipated changed conditions.
(d) For purposes of this section, significant changes include but are not limited to flow
increases of 20 percent or greater, the discharge of previously unreported pollution,
or the addition of any process subject to categorical pretreatment standards.
(e) Significant industrial users are required to notify the Control Authority immediately of
any changes at its facility affecting the potential for a slug discharge.
Sec. 106-887. - Reports of potential problems.
(a) If any discharge, including but not limited to accidental discharges, discharges of a
nonroutine episodic nature, a noncustomary batch discharge, or any slug discharge,
that may cause potential problems for the publicly owned treatment works or for a
reportable slug load, the user shall immediately telephone and notify the Control
Authority of the incident. This notification shall include the location of the discharge,
type of waste, concentration and volume, if known, and corrective actions taken by
the user.
(b) Industrial users shall notify the CA, EPA and state hazardous waste authorities in
writing of any discharge into the POTW of a substance which, if otherwise disposed
of, would be a hazardous waste under 40 CFR Part 261.
(c) Within five days following such discharge, the user shall, unless waived by the Control
Authority, submit a detailed written report describing the cause of the discharge and
the measures to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the publicly owned treatment works,
natural resources, or any other damage to person or property; nor shall such
notification relieve the user of any fines, penalties, or other liability which may be
imposed pursuant to this division.
(d) Every significant industrial user shall permanently post a notice on the user's bulletin
board or other prominent place advising employees and contractors whom to call if a
discharge described in subsection (a) of this section occurs. Employers shall ensure
that all employees and contractors, who may cause such discharge to occur, are
advised of the emergency notification.
Sec. 106-888. - Reports from other users.
(a) All other users required to obtain a wastewater discharge permit shall provide such
information and reports to the Control Authority as required by the wastewater
discharge permit.
(b) All users not required to obtain a wastewater discharge permit shall provide
appropriate reports to the Control Authority as the Control Authority may require.
Sec. 106-889. - Notice of violation; repeat sampling and reporting.
If sampling performed by an industrial user indicates a violation, the user shall notify
the Control Authority within 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 30 days after becoming aware of the violation, except the
industrial user is not required to resample if the Control Authority performs sampling at
the industrial user:
(1) At a frequency of at least once a month; or
(2) Between the time when the user performs its initial sampling and the time when
the user receives the results of this sampling.
Sec. 106-890. - Discharge of hazardous waste.
Under this division, all users are prohibited from discharging hazardous waste.
Any user who commences the discharge of hazardous waste shall notify the POTW,
the EPA Regional Waste Management Division Director, and State hazardous waste
authorities, in writing, of any discharge into the POTW of a substance which, if otherwise
disposed of, would be a hazardous waste under 40 CFR Part 261.
Sec. 106-891. - Sampling and analytical requirements.
(a) All pollutant sampling and analyses to be submitted as part of a wastewater discharge
permit application or report shall be performed in accordance with the techniques
prescribed in 40 CFR 136 and amendments thereto, unless otherwise stated in an
applicable categorical pretreatment standard. Where 40 CFR 136 does not contain
sampling or analytical techniques for the pollutant in question or where the
administrator determines that the 40 CFR 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the publicly owned treatment works
or other parties, approved by the administrator.
(b) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite
samples must be obtained through flow-proportional composite sampling techniques
where feasible. The Control Authority may waive flow-proportional composite
sampling for any industrial user that demonstrates that flow-proportional sampling is
infeasible. In such cases, samples may be obtained through time-proportional
composite sampling techniques or through a minimum of four grab samples where the
user demonstrates that this will provide a representative sample of the effluent being
discharged.
(1) Any report required by the Control Authority must be based upon data obtained
through appropriate sampling and analysis performed during the period covered
by the report, which data are representative of conditions occurring during the
reporting period. The frequency of monitoring shall be of that frequency necessary
to assess and assure compliance by Industrial Users with applicable Pretreatment
Standards and Requirements. Grab samples must be used for temperature, pH,
cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds.
For all other pollutants, 24-hour composite samples must be obtained through
flow-proportional composite sampling techniques, unless time-proportional
composite sampling or grab sampling is authorized by the Control Authority.
Where time-proportional composite sampling or grab sampling is authorized by
the Control Authority, the samples must be representative of the Discharge and
the decision to allow the alternative sampling must be documented in the Industrial
User file for that facility or facilities. Using protocols (including appropriate
preservation) specified in 40 CFR part 136 and appropriate EPA guidance,
multiple grab samples collected during a 24-hour period may be composited prior
to the analysis as follows: For cyanide, total phenols, and sulfides the samples
may be composited in the laboratory or in the field; for volatile organics and oil &
grease the samples may be composited in the laboratory. Composite samples for
other parameters unaffected by the compositing procedures as documented in
approved EPA methodologies may be authorized by the Control Authority, as
appropriate.
(2) All analyses shall be performed in accordance with procedures established by the
Administrator pursuant to section 304(h) of the Act and contained in 40 CFR Part
136 and amendments thereto or with any other test procedures approved by the
Administrator. (See, §§136.4 and 136.5.) Sampling shall be performed in
accordance with the techniques approved by the Administrator. Where 40 CFR
part 136 does not include sampling or analytical techniques for the pollutants in
question, or where the Administrator determines that the part 136 sampling and
analytical techniques are inappropriate for the pollutant in question, sampling and
analyses shall be performed using validated analytical methods or any other
sampling and analytical procedures, including procedures suggested by the
POTW or other parties, approved by the Administrator.
(3) All analyses shall be performed in accordance with procedures established by the
Administrator pursuant to section 304(h) of the Act and contained in 40 CFR Part
136 and amendments thereto or with any other test procedures approved by the
Administrator. (See, §§136.4 and 136.5.) Sampling shall be performed in
accordance with the techniques approved by the Administrator. Where 40 CFR
part 136 does not include sampling or analytical techniques for the pollutants in
question, or where the Administrator determines that the part 136 sampling and
analytical techniques are inappropriate for the pollutant in question, sampling and
analyses shall be performed using validated analytical methods or any other
sampling and analytical procedures, including procedures suggested by the
POTW or other parties, approved by the Administrator.
(4) if any Categorical Industrial User, any non-categorical Significant Industrial User,
or any other Industrial User subject to reporting requirements monitors any
regulated pollutant at the appropriate sampling location more frequently than
required by the Control Authority, using the procedures prescribed in this section,
the results of this monitoring shall be included in the report.
(5) Non-detectable sampling results may be used only as a demonstration that a
pollutant is not present if the EPA approved method from 40 CFR 136 with the
lowest minimum detection level for that pollutant was used in the analysis.
(c) Submissions of all pollutant analyses shall contain the following:
(1) A copy of the laboratory report should be attached. The report should include the
following information:
a. The name, address, and telephone number of the laboratory performing the
analysis.
b. The units in which each parameter is reported.
c. The method of analysis used (e.g., Environmental Protection Agency 335.1,
3500-Zn-A, etc.). The method must be a technique for wastewater analysis as
prescribed in 40 CFR 136.
d. The detection limit for each parameter measurement.
e. The name, initials, or other such unambiguous identification of the analyzing
technician.
f. The date each analysis was performed.
g. The signature of the laboratory director, or equivalent position.
h. Quality control data (e.g., spikes, etc.).
i. The results of the analyses.
(2) A copy of the chain of custody records should be attached. Each record shall have
the following:
a. The name and address of the user being sampled.
b. The sample container identification number or other such unique, unambiguous
identification.
c. For a grab sample, the date and time the sample was taken.
d. For a composite sampling, the date and time the composite sampler was set
up and the date and time the composite sampler was retrieved.
e. The exact sampling point of the sample.
f. The method of taking the sample (i.e., grab sample, automatic or manual flow-
proportioned composite sample, automatic or manual time-proportioned
composite sample, etc.).
g. The name, title, and signature of the person taking the sample.
h. The method of preservation of the sample and the date and time it was
preserved, or if no preservation was necessary.
i. The date and time dispatched for analysis, the name of the dispatcher, and the
method of shipment, if the sample was so dispatched.
j. The name of the individual, company, and/or address to which the sample is
dispatched.
k. The signature of the receiver of the sample, the date and time of its receipt,
who it was received from, and its disposition.
(d) All wastewater samples must be representative of the User's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a User to keep its
monitoring facility in good working order shall not be grounds for the User to claim that
sample results are unrepresentative of its discharge.
Sec. 106-892. - Timing.
Written reports submitted under this division will be deemed to have been submitted
on the date postmarked. For reports which are not mailed, postage prepaid, into a mail
facility serviced by the United States Postal Service, the date of receipt shall govern.
Sec. 106-893. - Recordkeeping.
Any CA and any 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, any additional records of
information obtained pursuant to monitoring activities undertaken by the User
independent of such requirements, and documentation associated with Best
Management Practices. Records shall include the date, exact place, method, and time of
sampling, and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used; and
the results of such analyses. These 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 or the Control Authority, or where the User has been
specifically notified of a longer retention period by the Control Authority. This requirement
shall also apply to the Control Authority.
Sec. 106-894. Signatories to Reports
All reports and other information requested by the Approval Authority from the City
shall be signed by the person and in the manner required by 30 TAC 305.128 (relating to
Signatories to Reports).
Secs. 106-895-106-920. - Reserved.
DIVISION 6. - FEES, RATES AND CHARGES
Sec. 106-921. - Pretreatment charges and fees.
The Control Authority and the city may adopt reasonable fees for reimbursement of
costs of setting up and operating the city's pretreatment program which may include the
following:
(1) Fees for wastewater discharge permit applications, including the cost of
processing such applications.
(2) Fees for monitoring, inspection, and surveillance procedures, including the cost of
collection and analyzing a user's discharge, and reviewing monitoring reports
submitted by users.
(3) Fees for reviewing and responding to accidental discharge procedures and
construction.
(4) Fees for filing appeals.
(5) Surcharges for BOD and TSS above the value of 300 mg/I, and fats, oils and
grease above 100 mg/I.
(6) Other fees as the city may deem necessary to carry out the requirements
contained in this ordinance. These fees relate solely to the matters covered by this
ordinance and are separate from all other fees, fines, and penalties chargeable by
the city.
Sec. 106-922. - Wastewater discharge permit fees.
(a) Wastewater discharge permit fees shall be fixed according to the schedule established
by separate ordinance.
(b) The rates referenced in subsection (a) of this section are for a permit issued for a
period of one year. The Control Authority may prorate the amounts for permits with
shorter durations or may multiply the amounts by the appropriate factor for multiyear
permits. Unless otherwise designated on the permit, all permits expire at 12.00
midnight on December 31 of the designated year.
Sec. 106-923. - Abnormal sewage surcharge.
(a) Abnormal sewage shall be defined as sewage containing BOD and/or TSS in
concentrations greater than 300 mg/I and/or fats, oils and grease in concentrations
greater than 100 mg/I.
(b) Any industrial user whose discharge contains abnormal sewage shall be subject to a
monthly sewage surcharge payable to the city utility collection division. The surcharge
shall be in addition to monthly sewer service charges. Monthly surcharges shall stay
in effect until such time as the industrial user demonstrates that it has reduced the
abnormality. The reduction must be attained in accordance with section 106-822 and
subdivision III of division 4 of this ordinance. The surcharge shall be based on data
determined by approved methods of the Environmental Protection Agency (see 40
CFR 136). This data shall be derived from all sampling done at least in the previous
six-month period, but this period may be longer if deemed appropriate by the Control
Authority. The Control Authority reserves the right to either increase or decrease the
surcharge at any time to reflect additional data from sampling.
(c) The surcharge for abnormal BOD shall be established by separate ordinance. Any
discharge of water or wastewater with a concentration of BOD more than five times
the average 24-hour concentration of normal operations of the industrial user shall be
prohibited without the prior notification and specific permission of the Control
Authority.
(d) The surcharge for abnormal TSS shall be established by separate ordinance. Any
discharge of water or wastewater with a concentration of TSS more than five times
the average 24-hour concentration of normal operations of the industrial user shall be
prohibited without the prior notification and specific permission of the Control
Authority.
(e) The surcharge for abnormal fats, oils and grease shall be established by separate
ordinance. Discharge of fats, oils and grease over 500 mg/I is prohibited.
(f) Each surcharge shall be assessed separately. For sewage containing more than one
abnormal constituent, the surcharges shall be added together.
(g) This charge shall be reviewed annually by the Control Authority who may recommend
to the city council adjustments as necessary to reflect true costs to the city.
Secs. 106-924-106-950. - Reserved.
SECTION 2. Severability. If any provision of this ordinance is invalidated by any
court of competent jurisdiction, the remaining provisions shall not be affected and shall
continue in full force and effect.
SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECTION 4. This ordinance shall take effect immediately from and after passage
and publication in accordance with the provisions of the Charter of the City of Wichita
Falls, Texas, and after approval by the Approval Authority, it is accordingly so ordained.
SECTION 5. It is hereby officially found and determined that the meeting at which
this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED THIS THE 7th day of April, 2020.
MAYOR
ATTEST:
ELL BC
City Clerk
ARTICLE VI I. - REGULATIONS FOR DISPOSAL OF INDUSTRIAL WASTE
DIVISION 1. -GENERALLY
Sec. 106-566.- Definitions.
The following words, terms and phrases, when used in this ordinance, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 USC 1251
et seq., as amended.
Administrative Order means a legal, independently enforceable order issued directly by the Control
Authority. The order defines the violation, provides evidence of the violation, and requires the recipient to
take corrective action within a specified time period. If the recipient violates the order the Control Authority
may take further legal action using additional orders (or the court system)to force compliance with the order
directly.
Administrator means the administrator of the United States Environmental Protection Agency and/or
the agency for the state that has authority to administer the program.
Approval authority means the executive director of the state agency that has authority to administer
the program.
Authorized or duly authorized representative of the user means:
(6) If the user is a corporation:
c. The president, secretary, treasurer, or a vice-president of the corporation in charge of a
principal business function, or any other person who performs similar policy or decision-making
functions for the corporation; or
d. The manager of one or more manufacturing, production, or operating facilities, provided, the
manager is authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investments recommendations, and initiate and direct other comprehensive measures to
assure long-term environmental compliance with environmental laws and regulations; can
ensure that the necessary systems are established or actions taken to gather complete and
accurate information for control mechanisms requirements; and where if authority to sign
documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(7) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
(8) If the user is a federal, state, or local governmental facility, a director or highest official appointed
or designated to oversee the operation and performance of the activities of the government facility,
or their designee.
(9) (A duly authorized representative of the individual designated in paragraph 1) or 2) of this section
if:
d. The authorization is made in writing by the individual described in paragraph (1) or(2);
e. The authorization specifies either an individual or a position having responsibility for the
overall operation of the facility from which the Industrial Discharge originates, such as the
position of plant manager, operator of a well, or well field superintendent, or a position
of equivalent responsibility, or having overall responsibility for environmental matters for the
company; and
f. The written authorization is submitted to the Control Authority.
(10)lf an authorization under paragraph (4) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, or
overall responsibility for environmental matters for the company, a new authorization
satisfying the requirements of paragraph(4)of this section must be submitted to the Control
Authority prior to or together with any reports to be signed by an authorized representative.
Best Management Practices or BMPs means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed in
40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from
raw materials storage.
Biochemical oxygen demand or BOD means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Celsius,
usually expressed as a concentration (e.g., mg/1).
Bypass means an intentional diversion of waste streams from any portion of an industrial user's
treatment facility.
Categorical pretreatment standards means any regulation containing pollutant discharge limits
promulgated by the Environmental Protection Agency in accordance with section 307(b) and (c) of the Act
(33 USC 1317) which apply to a specific category of users and which appear in 40 CFR 405-471.
Categorical Industrial user an Industrial User subject to a categorical Pretreatment Standard or
Categorical Standard.
Cease and Desist Order is an order issued by the Control Authority proscribing a User from continuing
a particular course of conduct.
Chemical oxygen demand or COD means the measure of the oxygen-consuming capacity of inorganic
and organic matter present in the water or wastewater expressed in milligrams per liter(mg/1)as the amount
of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and
unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.
City means the City of Wichita Falls, Texas, or any authorized person acting in its behalf.
Closed-cup flashpoint means a measure of the characteristic of the ignitability of a material using the
test methods specified in 40 CFR 261.21.
Composite sample means the sample resulting from the combination of individual samples taken at
selected intervals based on an increment of either flow or time, as per the procedure described in 40 CFR
403, appendix E(I).
Control Authority means the Utilities Operations Manager of the Public Works Department or another
official designated by the city manager or his duly authorized deputy, agent or representative.
Control manhole means a point of access to a building sewer at some point before the building sewer
discharge mixes with other discharges in the public sewer.
Control point means a point of access to a course of discharge before the discharge mixes with other
discharges in the public sewer, also known as an inspection port and/or control manhole.
Daily Maximum Limit means the maximum allowable discharge limit of a pollutant during a calendar
day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass
discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a
concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration
derived from all measurements taken that day.
Domestic sewage means wastewater normally discharged dwellings, including apartments, houses
and hotels; office buildings; factories; and institutions, free from stormwater, surface water and industrial
wastes.
EPA means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be
used as a designation for other duly authorized officials, including authorized contractors acting as
representatives, of said agency.
Existing source means any source of discharge, the construction or operation of which commenced
prior to the publication by the Environmental Protection Agency 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.
Fats means primarily fatty acid esters of the alcohol glycerol, also called acylglycerols, neutral fats,
natural fats, or glycerides. They are the major components of depot, or storage, fats in plant and animal
cells, especially in the adipose or fat cells of vertebrates. The term "fats" may include any synthesized
substance of a like nature.
Garbage means animal and vegetable wastes and residue from preparation, cooking and dispensing
of food and from the handling, processing, storage and sale of food products and produce.
Grab sample means a sample which is taken from a waste stream without regard to the flow in the
waste stream and over a period of time not to exceed 15 minutes, as per the procedure described in 40
CFR 403, appendix E(II).
Grease means fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils and certain
other nonfatty material commonly found in wastewater.
Grease trap/interceptor means a water-tight receptacle designed and constructed to intercept and
prevent the passage of grease, greasy and/or fatty liquids, semi-solids, and/or solid wastes generated from
commercial operations into the sanitary sewer system to which the receptacle is directly or indirectly
connected.
Hazardous substance means any substance designated pursuant to 40 CFR 302.
Hazardous waste means as provided in 40 CFR 261.3.
Indirect discharge and discharge mean the introduction of pollutants into a publicly owned treatment
works from any non-domestic source regulated under section 307(b), (c) or (d) of the Act.
Industrial user and user mean a source of indirect discharge.
Industrial waste means waste resulting from any process of industry, manufacturing,trade or business;
from development of any natural resource; from any mixture of the waste with water or normal wastewater;
and wastewater containing pollutants in higher concentrations than normal domestic sewage as defined in
this section.
Instantaneous Limit means the maximum concentration of a pollutant allowed to be discharged at any
time, determined from the analysis of any discrete or composited sample collected, independent of the
industrial flow rate and the duration of the sampling event.
Interference means a discharge which, alone or in conjunction with a discharge or discharges from
other sources, inhibits or disrupts the publicly owned treatment works, its treatment processes or operations
or its sludge processes, use or disposal and, therefore, is a cause of a violation of any requirement of the
city's Texas Pollutant Discharge Elimination System permit, including an increase in the magnitude or
duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued there under or any more stringent state or local
regulations: section 405 of the Act; the Solid Waste Disposal Act (SWDA), including title II commonly
referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in
any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the
Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries
Act.
Local Limits means specific prohibitions or limits on pollutants or pollutant parameters that are
developed by a POTW in accordance with 40 CFR 403.5(c). Such limits shall be deemed Pretreatment
Standards for the purposes of section 307(d) of the Act.
Lower explosive limit(LEL) of a compound means the minimum concentration of that compound, as a
gas or vapor in air, which will explode or burn in the presence of an ignition source.
May. The term "may" is permissive or discretionary.
Milligrams per liter (mg/1) means the same as parts per million and is a weight-to-volume ratio. The
milligram-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of
water.
Monthly Average Limit means the highest allowable average of "daily discharges" over a calendar
month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the
number of"daily discharges" measured during that month.
National Pollutant Discharge Elimination System (NPDES) means the National Pollutant Discharge
Elimination System permits program as administered by a state or interstate water pollution control agency
as approved pursuant to section 402(b) of the Act.
New source means:
(4) 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:
d. The building, structure, facility, or installation is constructed at a site at which no other source
is located;
e. The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
f. 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.
(5) 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 subsection (1)b or (1)c of this definition but otherwise alters, replaces, or
adds to the existing process or production equipment.
(6) Construction of a new source has commenced if the owner or operator has:
c. Begun, or caused to begin, as part of a continuous on-site 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
d. 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 under this
subsection.
No measurable trace means a measurement of a parameter that is less than the detection limit of the
appropriate analytic technique approved by the Environmental Protection Agency.
Non-contact cooling water means water used for cooling which does not come into contact with any
raw material, intermediate product, waste product or finished product.
Oils means those fats that are liquid at ordinary temperatures.
Other waste means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil,
tar, chemicals, and all other substances except sewage and industrial wastes.
User means the person using the lot, parcel of land, building or premises connected to sewage,
industrial wastewater of the city, and who pays or is legally responsible for the payment of water rates or
charges made against the lot, parcel of land, building or premises, if connected to the city's water distribution
system, or who would pay or be legally responsible for such payment if so connected.
Pass through means a discharge which exits the publicly owned treatment works into the waters of
the United States in quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement of the publicly owned treatment
works' Texas Pollutant Discharge Elimination System permit, including an increase in the magnitude or
duration of a violation.
Person means any individual, consortium, partnership, co-partnership, firm, company, corporation,
association,joint stock company, trust, estate,joint venture, commercial entity, governmental entity, or any
other legal entity or their legal representatives, agents, or assigns. This definition includes all federal, state,
and local governmental entities including the United States government or any state, municipality,
commission, political subdivision of a state or interstate body.
pH means a measure of the acidity or alkalinity of a material, liquid or solid, expressed in standard
units, specifically the negative logarithm of the hydrogen ion concentration represented on a scale of 0 to
14 with 7 being a neutral state, 0 most acidic and 14 most alkaline.
Point source means any discernable, confined, and discrete conveyance, including but not limited to
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. The
term "point source" does not include agricultural stormwater discharges and return flows from irrigated
agriculture.
Pollutant means dredged spoil; solid waste; incinerator residue; filter backwash; sewage; garbage;
sewage sludge; munitions; medical wastes; chemical wastes; biological materials; radioactive materials
except as regulated under the Atomic Energy Act of 1954, as amended (42 USC 2011 et seq.); 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).
Pollution prevention (P2) means the use of materials, processes, or practices that reduce or eliminate
the creation of pollutants or wastes at the source. It includes, but is not limited to, practices that reduce the
use of hazardous and nonhazardous materials, energy, water, or other resources as well as those that
protect natural resources through conservation or more efficient use.
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 introducing such pollutants
into the publicly owned treatment works. This reduction or alteration can be obtained by physical, chemical,
or biological processes, except as prohibited by 40 CFR 403.6(d); by process changes; or by other means,
except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment requirements means any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial user.
Pretreatment standards and standards mean prohibited discharge standards, categorical pretreatment
standards, and local limits.
Process wastewater means any water which, during manufacturing or processing, 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.
Prohibited discharge standards and prohibited discharges mean absolute prohibitions against the
discharge of certain substances; these prohibitions appear in sections 106-816 and 106-817.
Publicly owned treatment works (POTW) and wastewater system mean a treatment works as defined
by section 212 of the Act, which is owned by a state or municipality, as defined by section 504(4)of the Act.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation
of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other
conveyances only if they convey wastewater to a publicly owned treatment works. The term also includes
the municipality as defined in section 504(4) of the Act, which has jurisdiction over the indirect discharges
to and the discharges from such a treatment works.
Removal means a reduction in the amount of a pollutant or alteration of the nature of a pollutant during
pretreatment or treatment. The reduction or alteration may be obtained by physical, chemical or biological
means and may be the result of specifically designed capabilities or may be incidental to the operation of
the pretreatment or treatment system. Removal does not mean dilution of a pollutant.
Reportable slug load means either of the following:
(3) Any release into the publicly owned treatment works over a 24-hour period which meets any of the
following criteria:
f. A reportable quantity of a hazardous material, as defined under section 311 of the CWA,
section 102(b) of the CERCLA, and 40 CFR 302.4.
g. Ten pounds or more of heavy metals, including arsenic, cadmium, chromium, copper, lead,
mercury, nickel, silver, and zinc; or cyanide in solution.
h. One gallon or more of any toxic substance listed in this ordinance.
i. All flammable liquids in quantities of more than one gallon.
j. Any other liquid material determined to have adverse effects on the publicly owned treatment
works, including but not limited to alkalies or alkaline substances, oils, foam generating wastes,
highly colored wastes, pesticides, organics, vegetable matter, and solvents not listed
previously.
(4) Any discharge of water or wastewater with a concentration of any given constituent or a quantity of
flow for any period longer than 15 minutes more than five times the average 24-hour concentration
or flow of normal operations of the user shall also be considered a slug load.
Sewage means human excrement and gray water(household showers, dishwashing operations, etc.).
Shall is mandatory.
Significant industrial user means:
(4) Any user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter
I, subchapter N; or
(5) A user that:
d. Discharges an average of 25,000 gpd or more of process wastewater to the publicly owned
treatment works, excluding sanitary, noncontact cooling, and boiler blowdown wastewater;
e. Contributes a process waste stream which makes up five percent or more of the average dry
weather hydraulic or organic capacity of the publicly owned treatment works treatment plant;
or
f. Is designated as such by the city on the basis that it has a reasonable potential for adversely
affecting the publicly owned treatment works' operation or for violating any pretreatment
standard or requirement, in accordance with 40 CFR 403.8(f)(6).
(6) Upon a finding that a user meeting the criteria in subsection (2)of this definition has no reasonable
potential for adversely affecting the publicly owned treatment works operation or for violating any
pretreatment standard or requirement, the city may at any time, on its own initiative or in response
to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6),
determine that such user should not be considered a significant industrial user.
Slug, slug discharge and slug load mean any discharge at a flow rate or concentration, which could
cause a violation of the prohibited discharge standards in this ordinance. A slug discharge is any discharge
of a nonroutine, episodic nature, including but not limited to an accidental spill or noncustomary batch
discharge, which has a reasonable potential to cause interference or Pass Through, or in any other way
violate the POTW's regulations, Local Limits or Permit conditions.
Standard Industrial Classification Code (SIC) means the uniform method for collecting and presenting
business data devised by the U.S. Office of Management and Budget. Each business is given a SIC code
based upon its primary activity, which is determined by its predominant business or service. For the
purposes of this ordinance, the SIC code of a business is the first four digits of the SIC number of that
business as found in the most current edition of the Standard Industrial Classification Manual.
Stormwater means any flow occurring during or following any form of natural precipitation and resulting
from such precipitation, including snowmelt.
Suspended solids and total suspended solids mean the total suspended matter that floats on the
surface of or is suspended in water, wastewater, or other liquids, which is removable by laboratory filtering
using the method for determining nonfilterable residue in 40 CFR 136.3.
Suspension Order means an order issued to a User by the Control Authority requiring the immediate
suspension of all specified discharges to the POTW. It may be issued without prior notice to the User and
without a prior hearing.
Total toxic organics(TTO) means the summation of all quantifiable values greater than 0.01 milligrams
per liter for all toxic organics listed under 40 CFR 413.02(i) and 40 CFR 433.11(e).
Toxic pollutant means any pollutant designated as toxic pursuant to section 307(a)(1) of the Act and
listed in 40 CFR 401.15.
TPDES means Texas Pollutant Discharge Elimination System permits program as administered by a
state water pollution control agency as approved pursuant to section 402(b) of the Act.
Upset: See section 106-961.
Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated,
which are contributed to the POTW
Wastewater discharge permit means a mechanism used to control the discharge of wastewater to the
POTW from an industrial user in order to:
(4) Ensure compliance with applicable pretreatment standards and requirements;
(5) Regulate continuing use of the sanitary sewer system; and
(6) Place conditions on the discharge.
Wastewater treatment plant and treatment plant means that portion of the publicly owned treatment
works which is designed to provide treatment of municipal sewage and industrial waste.
(Code 1966, § 32-123; Code 2001, § 106-566; Ord.No.25-2002, § 1,4-2-2002)
Sec. 106-567.-Abbreviations.
The following abbreviations, when used in this ordinance, shall have the designated meanings:
BOD Biochemical oxygen demand
BMP Best Management Practice
BMR Baseline Monitoring Report
CERCLA I Comprehensive Environmental Response,Compensation and Liability Act
CFR Code of Federal Regulations
COD Chemical oxygen demand
CWA Clean Water Act
EPA U.S. Environmental Protection Agency
FOG Fats,oils,and grease
gpd Gallons per day
IU Industrial User
mg/I F
Milligrams per liter
NPDES National Pollutant Discharge Elimination System
O&MF Operation and maintenance
P2 F
Pollution Prevention
pH Potential Hydrogen Ion Concentration
POTW Publicly owned treatment works
RCRA Resource Conservation and Recovery Act
SIC F
Standard industrial classification
SIU Significant Industrial User
SNC F
Significant Noncompliance
SWDA F
Solid Waste Disposal Act
TPDES F
Texas Pollutant Discharge Elimination System
TRC F
Technical review criteria
TSS F
Total suspended solids
USC F United States Code
(Code 1966, § 32-122; Code 2001, § 106-567; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-568.- Purpose and policy.
(d) This ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for the City of Wichita Falls and enables the city to comply with all
applicable state and federal laws required by the Clean Water Act of 1977 (33 USC 1251 et seq.) and
the general pretreatment regulations (40 CFR 403). The objectives of this ordinance are to:
(9) Prevent the introduction of pollutants into the municipal wastewater system which will interfere with
the operation of the system or contaminate the resulting sludge;
(10)Prevent the introduction of pollutants into the municipal wastewater system which will pass through
the system, inadequately treated, or otherwise be incompatible with the system;
(11)lmprove the opportunity to recycle and reclaim wastewaters and sludges from the system;
(12)Provide for fees for the equitable distribution of the cost of the operation, maintenance and
improvement of the municipal wastewater system;
(13)Protect the health and safety of wastewater treatment and wastewater collection personnel as well
as the general public;
(14)Enable the municipal wastewater system to comply with Texas Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and any other federal or state
laws; and
(15)To reduce the operational and maintenance costs of maintaining the sewer system by preventing
the accumulation of grease, oil, and residue within the sewage system lines; and
(16)To ensure the quality of sludge to allow its use and disposal in compliance with all applicable
statutes and requirements.
(e) This ordinance provides for the regulation of direct and indirect contributors to the municipal wastewater
system through the issuance of permits to certain nondomestic users and through enforcement of
general requirements for the other users, requires user reporting, assumes that an existing customer's
capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs
resulting from the program established in this ordinance.
(f) This ordinance shall apply to the city and to persons outside the city who are, by contract or agreement
with the city, users of the city's publicly owned treatment works (POTW).
(Code 1966, § 32-121(a); Code 2001, § 106-568; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-569.-Confidential information.
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permits, and monitoring programs and from the Control Authority's
inspection and sampling activities and any other information submitted to the Control Authority pursuant to
this ordinance shall be available to the public without restriction, at least to the extent provided by 40 CFR
2.302, unless the user specifically requests and is able to demonstrate 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 secrets under applicable federal, state, or local law. Any such
request must be asserted at the time of submission in the manner prescribed on the application form or
instructions or, for other submissions, by stamping the words "confidential business information" on each
page containing such information. When requested and demonstrated by the user furnishing a report that
such information should be held confidential, the portions of a report which might disclose trade secrets or
secret processes shall not be made available for inspection by the public and shall be treated in accordance
with the procedures in 40 CFR 2(Public Information), but shall be made available immediately upon request
to governmental agencies for uses related to the National Pollutant Discharge Elimination System program
or pretreatment program, and in enforcement proceedings involving the person providing the report, unless
so prohibited by 40 CFR 2 (Public Information). 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
available to the public without restriction.
(Code 1966, § 32-130; Code 2001, § 106-569)
Secs.106-570-106-595. Reserved.
DIVISION 2.-ADMINISTRATION AND ENFORCEMENT
Subdivision I.- In General
Sec. 106-596.-Administration.
Except as otherwise provided in this ordinance, the Utilities Operations Manager/Control Authority or
the Environmental Coordinator of the Public Works Department under the authority and supervision of the
city manager shall administer, implement, and enforce this division. Any powers granted to or duties
imposed upon the Utilities Operations Manager/Control Authority or the Environmental Coordinator of the
Public Works Department may be delegated by the Utilities Operations Manager/Control Authority or the
Environmental Coordinator of the Public Works Department to other city personnel.
(Code 1966, § 32-121(b); Code 2001, § 106-596; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-597.- Public participation in enforcement.
The Control Authority shall comply with the public participation requirements of 40 CFR 25 in the
enforcement of national pretreatment standards. As a provision of such, the Control Authority shall make
at least annual public notification, in a newspaper(s) of general circulation that provides meaningful public
notice within the jurisdiction(s) served by the POTW of Industrial Users which, at any time in the previous
12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
For the purpose of this section, a Significant Industrial User (or any Industrial User which violates
paragraphs 3,4,7or 8 of this section) is in significant noncompliance if its violation meets one or more of the
following criteria:
(9) Chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of
all measurements taken during a six-month period exceed a numeric pretreatment standard or
requirement, including instantaneous limits for the same pollutant parameter by any amount;
(10)Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of
all of the measurements taken for the same pollutant parameter during a 6-month period equals or
exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous
limits, as defined by 40 CFR 403.3(I) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS,
fats, oil, and grease, and 1.2 for all other pollutants except pH);
(11)Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(I)(daily
maximum, long-term average, instantaneous limit, or narrative Standard) that the POTW
determines has caused, alone or in combination with other Discharges, Interference or Pass
Through (including endangering the health of POTW personnel or the general public);
(12)Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or
to the environment or has resulted in the POTW's exercise of its emergency authority under 40
CFR 403.8(f)(1)(vi)(B)to halt or prevent such a discharge:
(13)Failure to meet,within 90 days after the scheduled date, a compliance schedule date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
(14)Failure to provide, within 45 days after the due date, required reports such as baseline monitoring
reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-
monitoring reports, and reports on compliance with compliance schedules;
(15)Failure to accurately report noncompliance; or
(16)Any other violation or group of violations, which may include a violation of Best Management
Practices, which the POTW determines will adversely affect the operation or implementation of
thee local Pretreatment Program.
(Code 1966, § 32-131; Code 2001, § 106-597)
Sec. 106-598.-Water supply severance.
Whenever a user has violated or continues to violate any section of this ordinance or a provision of an
individual wastewater discharge permit or order issued under this ordinance or any other pretreatment
standard or requirement, water service to the user may be severed. Service will only recommence, at the
user's expense, after it has satisfactorily demonstrated its ability to comply.
Sec. 106-599.- Public nuisances.
A violation of any section of this ordinance or a provision of an individual wastewater discharge permit
or order issued under this ordinance or any other pretreatment standard or requirement is declared a public
nuisance and shall be corrected or abated as directed by the Control Authority.Any person creating a public
nuisance shall be subject to the sections of this Code governing such nuisances, including reimbursing the
city for any costs incurred in removing, abating, or remedying the nuisance.
Secs. 106-600-106-613.- Reserved.
Subdivision II. -Supplemental Enforcement Action
Sec. 106-614.-Water supply severance.
Whenever a user has violated or continues to violate any section of this ordinance or a provision of a
wastewater discharge permit or order issued under this ordinance or any other pretreatment standard or
requirement, water service to the user may be severed. Service will only recommence, at the user's
expense, after it has satisfactorily demonstrated its ability to comply.
(Code 1966, § 32-134(a); Code 2001, § 106-598)
Sec. 106-615.- Public nuisances.
A violation of any section of this ordinance or a provision of a wastewater discharge permit or order
issued under this ordinance or any other pretreatment standard or requirement is declared a public
nuisance and shall be corrected or abated as directed by the Control Authority.Any person creating a public
nuisance shall be subject to the sections of this Code governing such nuisances, including reimbursing the
city for any costs incurred in removing, abating, or remedying the nuisance.
(Code 1966, § 32-134(b); Code 2001, § 106-599)
Secs. 106-616-106-625.- Reserved.
Subdivision III.-Administrative Enforcement
Sec. 106-626.-Authority of Control Authority.
The Control Authority may issue orders without notice or opportunity for prior hearing, requiring
compliance with standards developed under the authority of the act under 40 CFR 403.8(f)(1)(iii).
(Code 1966, § 32-132; Code 2001, § 106-626)
Sec. 106-627.- Notification of violation.
When the Control Authority finds that a user has violated or continues to violate any section of this
ordinance, a wastewater discharge permit or order issued under this ordinance or any other pretreatment
standard or requirement, the Control Authority may serve upon that user a written notice of violation.Within
14 days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions, shall be submitted by the user to the
Control Authority. Submission of this plan in no way relieves the user of liability for any violations occurring
before or after receipt of the notice of violation. Nothing in this subdivision shall limit the authority of the
Control Authority to take any action, including emergency action, without first issuing a notice of violation.
(Code 1966, § 32-132(1); Code 2001, § 106-627)
Sec. 106-628.-Consent orders.
The Control Authority is empowered to enter into consent orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with any user responsible for noncompliance with
this ordinance. Such documents will include the specific action to be taken by the user to correct the
noncompliance within a time period also specified by the document. Such document shall have the same
force and effect as the administrative orders issued pursuant to sections 106-630 and 106-631 and shall
be judicially enforceable.
(Code 1966, § 32-132(2); Code 2001, § 106-628)
Sec. 106-629.-Show cause hearing.
The Control Authority may order a user which has violated or continues to violate any section of this
ordinance, a wastewater discharge permit or order issued under this ordinance or any other pretreatment
standard or requirement to appear before the Control Authority 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 personally or by registered or certified mail, return receipt requested, 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.Whether or not a duly
notified user appears as noticed, immediate enforcement action may be pursued. Since the user will have
already been in SNC to necessitate the show cause hearing, any action taken as a result of the hearing
shall be in addition to any penalties levied for the SNC.
(Code 1966, § 32-132(3); Code 2001, § 106-629; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-630.-Compliance orders.
When the Control Authority finds that a user has violated or continues to violate any section of this
ordinance, a wastewater discharge permit or order issued under this ordinance or any other pretreatment
standard or requirement, the Control Authority may issue an order to the user responsible for the discharge
directing that the user come into compliance within a specified time. If the user does not come into
compliance within the time provided, sewer and/or water service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are installed and properly operated.
Compliance orders also may contain other requirements to address the noncompliance, including the
installation of pretreatment technology, additional self-monitoring and management practices designed to
minimize the amount of pollutants discharged to the sewer.A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve
the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall
not be a bar against or a prerequisite for taking any other action against the user.
(Code 1966, § 32-132(4); Code 2001, § 106-630)
Sec. 106-631.-Cease and desist orders.
(c) When the Control Authority finds that a user has violated or continues to violate any section of this
ordinance, a wastewater discharge permit or order issued under this ordinance 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:
(3) Immediately comply with all requirements; and
(4) Take such appropriate remedial or preventative action as may be needed to properly address a
continuing or threatened violation, including halting operations and/or terminating the discharge.
(d) Issuance of a cease and desist order shall not be a bar against or a prerequisite for taking any other
action against the user.
(Code 1966, § 32-132(5); Code 2001, § 106-631)
Sec. 106-632.-Administrative fines.
(e) When the Control Authority finds that a user has violated or continues to violate any section of this
ordinance, a wastewater discharge permit or order issued under this ordinance or any other
pretreatment standard or requirement, the Control Authority may fine such a user in an amount not to
exceed $2,000.00. Such fine shall be assessed on a per-violation, per-day basis. For monthly or other
long-term average discharge limits, fines shall be assessed for each day during the period of violation.
Such assessments may be added to the user's next scheduled sewer service charge, and the Control
Authority shall have such other collection remedies as he has to collect other service charges.
(f) Unpaid charges, fines, and penalties shall, after 14 calendar days, be assessed an additional penalty
of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per
month for every month unpaid up to a maximum of ten percent per month.
(g) A user desiring to dispute such fine must file a written request for the Control Authority to reconsider
the fine along with full payment of the fine amount within ten days of being notified of the fine. When
the Control Authority believes a request has merit, the Control Authority may convene a hearing on the
matter within 15 days of receiving a request from the user. If the user's appeal is successful, the
payment,together with any interest accruing thereto,shall be returned to the user.The Control Authority
may add the costs of preparing administrative enforcement actions, such as notices and orders, to the
fine.
(h) Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action
against the user.
(Code 1966, § 32-132(6); Code 2001, § 106-632)
Sec. 106-633.- Emergency suspensions.
(e) The Control Authority may immediately suspend a user's discharge and/or water service, after informal
notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial endangerment to the health
or welfare of persons. The Control Authority may also immediately suspend a user's discharge and/or
water service, after notice and opportunity to respond, that threatens to interfere with operation of the
publicly owned treatment works or which presents, or may present, an endangerment to the
environment.
(f) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. If
a user fails to immediately comply voluntarily with the suspension order, the Control Authority may take
such steps as deemed necessary, including immediate severance of the sewer connection, to prevent
or minimize damage to the publicly owned treatment works, its receiving stream, or endangerment to
any individuals. The Control Authority may allow the user to recommence its discharge when the user
has demonstrated to the satisfaction of the Control Authority that the period of endangerment has
passed, unless the termination proceedings in section 106-634 are initiated against the user.
(g) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment
shall submit a detailed written statement, describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence, to the Control Authority prior to the date of any show
cause or termination hearing under section 106-629 or 106-634.
(h) Nothing in this subdivision shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
(Code 1966, § 32-132(7); Code 2001, § 106-633)
Sec. 106-634.-Termination of discharge.
(c) In addition to section 106-765, any user who violates the following conditions is subject to discharge
termination:
(8) Violation of wastewater discharge permit conditions;
(9) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(10)Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
(11)Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring,
sampling or industry categorization verification;
(12)Violation of the pretreatment standards in subdivision II of division 4 of this ordinance;
(13)Violation of any applicable state or federal law; or
(14)Tampering with sampling equipment, sampling lines, or otherwise interfering with sampling or
samples collected for the purpose of influencing or manipulating sample test results.
(d) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to
show cause under section 106-629 why the proposed action should not be taken. Exercise of this option
by the Control Authority shall not be a bar to or a prerequisite for taking any other action against the
user.
(Code 1966, § 32-132(8); Code 2001, § 106-634; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-635.- Liquidated damages.
(e) Each wastewater discharge use permit issued to an industrial user, and as a condition of issuing such
permit, shall contain the following:
"In the event that the Control Authority determines that any user is in violation of any provisions of
Chapter 106, Ordinance VII of the Code of Ordinances of the City of Wichita Falls, Texas, its
wastewater discharge permit, or orders issued hereunder, or any other pretreatment standard or
requirement, the Control Authority shall notify the user of such violation and require the user to cure
the violation within the time specified in the notice. The user shall respond in writing to the notice of
violation within 10 business days from receipt of such notice, setting forth the steps taken to correct
the violation. The Control Authority may extend the time for such response upon a showing of just
cause by the user. If the Control Authority determines that the user is continuing the violation, the
Control Authority may assess liquidated damages at a minimum of$1,000.00 per violation, per day."
(f) The user retains the right to seek review by the city council of any damages assessed under this section
and the wastewater discharge permit.
(g) Assessments may be added to the user's next scheduled sewer service charge, and the Control
Authority shall have such other collection remedies as may be available for other service charges and
fees.
(h) Issuance of an assessment under this section shall not be a prerequisite for taking any other action
against the user.
(Code 1966, § 32-132(9); Code 2001, § 106-635; Ord. No. 25-2002, § 1, 4-2-2002)
Secs. 106-636-106-660.- Reserved.
Subdivision IV.-Judicial Enforcement
Sec. 106-661.-Authority.
If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal
system contrary to this ordinance or any order or permit issued under this ordinance, the Control Authority,
through the city attorney, may commence an action for appropriate legal and/or equitable relief in the
municipal court for the city.
(Code 1966, § 32-133; Code 2001, § 106-661)
Sec. 106-662.- Injunctive relief.
When the Control Authority finds that a user has violated or continues to violate any section of this
ordinance, a wastewater discharge permit, or order issued under this ordinance or any other pretreatment
standard or requirement, the Control Authority may petition the courts through the city attorney for the
issuance of a temporary, preliminary, and/or permanent injunction, as appropriate, which restrains or
compels the specific performance of the wastewater discharge permit, order, or other requirement imposed
by this ordinance on activities of the user. The Control Authority may also seek such other action as is
appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental
remediation. A petition for injunctive relief shall not be a bar against or a prerequisite of taking any other
action against a user. The Control Authority shall have such remedies to collect these fees as it has to
collect other sewer service charges.
(Code 1966, § 32-133(1); Code 2001, § 106-662)
Sec. 106-663.-Civil penalties.
(e) A user who has violated or continues to violate any section of this ordinance, a wastewater discharge
permit, or order issued under this ordinance or any other pretreatment standard or requirement shall
be liable to the city for a maximum civil penalty of$2,000.00 per violation per day plus actual damages
incurred by the publicly owned treatment works. For a monthly or other long term average discharge
limit, penalties shall accrue for each day during the period of the violation.
(f) The Control Authority may recover reasonable attorneys' fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring expenses, and the cost of
any actual damages incurred by the city.
(g) In determining the amount of civil liability, the court shall take into account all relevant circumstances,
including but not limited to the extent of harm caused by the violation, the magnitude and duration of
the violation, any economic benefit gained through the user's violation, corrective actions by the user,
the compliance history of the user, and any other factor as justice requires.
(h) Filing a suit for civil penalties shall not be a bar against or a prerequisite for taking any other action
against a user.
(Code 1966, § 32-133(2); Code 2001, § 106-663; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-664.-Criminal prosecution.
(e) For the purpose of this ordinance,the city shall enact all criminal authorities authorized under state law.
(f) Any user that willfully or negligently violates any section of this ordinance, any orders or wastewater
discharge permits issued under this ordinance or any other pretreatment requirement shall, upon
conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2,000.00 per violation,
per day as provided in section 106-632.
(g) Any user that knowingly makes any false statements, representations, or certifications in any
application, record, report, plan, or other documentation filed or required to be maintained pursuant to
this ordinance, the wastewater discharge permit or an order or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine per violation.
(h) The purpose of criminal prosecution is to punish noncompliance through court proceedings and to deter
future noncompliance. The city will enforce compliance with all ordinances in municipal court and will
seek the assistance of the district attorney and/or the U.S. Attorney's office to enforce state statutes
and federal laws.
(Code 1966, § 32-133(3); Code 2001, § 106-664; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-665.- Remedies nonexclusive.
The remedies provided for in this ordinance are not exclusive. The Control Authority may take any, all,
or any combination of the actions in this subdivision against a noncompliant user. Enforcement of
pretreatment violations will generally be in accordance with the city's enforcement response plan. However,
the Control Authority may take other action against any user when the circumstances warrant. Further, the
Control Authority is empowered to take more than one enforcement action against any noncompliant user.
(Code 1966, § 32-133(4); Code 2001, § 106-665)
Secs. 106-666-106-690.- Reserved.
Subdivision V. -Affirmative Defenses to Discharge Violations
Sec. 106-691.-Act of God Affirmation Defense
If a person can establish that an event that would otherwise be a violation of this ordinance within the
Control Authority's jurisdiction or an ordinance adopted or an order or a permit issued under such an
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.
(Code 1966, § 32-134.1(a); Code 2001, § 106-691; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-692.- Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought against him for
noncompliance with the general prohibitions in section 106-816 or the specific prohibitions in section 106-
817 if the user can prove that he did not know or have reason to know that the discharge, alone or in
conjunction with discharges from other sources, would cause pass through or interference and that either:
(3) A local limit exists for each pollutant discharged and the user was in compliance with each limit
directly prior to and during the pass through or interference; or
(4) No local limit exists, but the discharge did not change substantially in nature or constituents from
the user's prior discharge when the city was regularly in compliance with its National Pollutant
Discharge Elimination System permit and, in the case of interference, was in compliance with
applicable sludge use or disposal requirements.
(Code 1966, § 32-134.1(b); Code 2001, § 106-692)
Sec. 106-693.- Bypass.
(e) The following words,terms and phrases,when used in this ordinance,shall have the meanings ascribed
to them in this subsection, except where the context clearly indicates a different meaning:
Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.
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.The term"severe property damage"
does not mean economic loss caused by delays in production.
(f) 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 ensure efficient operation. These
bypasses are not subject to subsections (c) and (d) of this section.
(g) Notice of bypass shall be given in accordance with the following:
(3) 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.
(4) A user shall submit oral notice to the Control Authority of an unanticipated bypass that exceeds
applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five days of 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; if the bypass has not been corrected, the
anticipated time it is expected to continue; and the 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 the oral report has been received within 24 hours.
(h) Enforcement action curtailments shall be as follows:
(3) Bypass is prohibited, and the Control Authority may take an enforcement action against a user for
a bypass, unless:
d. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
e. 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 backup 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 preventative maintenance; and
f. The user submitted notices as required under subsection (c) of this section.
(4) 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 listed in subsection (d)(1) of
this section.
(Code 1966, § 32-134.1(c); Code 2001, § 106-693)
Secs. 106-694-106-720.- Reserved.
Subdivision VI. -Compliance Monitoring
Sec. 106-721.- Inspection and sampling.
In accordance with 40 CFR 403.8(f)(2)(v), the Control Authority shall randomly inspect and sample
each significant industrial user once a year in order to verify self-monitoring reports and other user-provided
information.This section shall not preclude the Control Authority from sampling and/or inspecting significant
industrial users more frequently or from sampling or inspecting any nonsignificant industrial user or any
other user.
(Code 1966, § 32-129; Code 2001, § 106-721)
Sec. 106-722.- Right of entry.
Q) The Control Authority and/or the approval authority shall have the right to enter the premises of any
user, whether or not the user possesses a wastewater discharge permit,to determine whether the user
is complying with all the requirements of this ordinance and any wastewater discharge permit or order
issued under this ordinance.A user shall allow the Control Authority and/or the approval authority ready
access to all parts of the premises for the purpose of sampling, records examination and copying, and
the performance of any additional duties, including determination and verification of proper
classification of the user as a categorical, noncategorical, significant, or nonsignificant industrial user.
(k) Where a user has security measures in force which require proper identification and clearance before
entry into its premises, the user shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Control Authority and/or the approval authority will be
permitted to enter without delay for the purposes of performing specific responsibilities.
(1) The Control Authority shall have the right to set up on the user's property or require installation of such
devices as are necessary to conduct sampling and/or metering of the user's operations.
(m) The Control Authority may require the user to install sampling equipment, monitoring equipment,
metering equipment, and/or control manholes as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating condition by the user at his
own expense. All devices used to measure wastewater flow and quality shall be calibrated at
appropriate intervals to ensure their accuracy.
(n) Any temporary or permanent obstruction, whether object, condition, or otherwise, to safe and easy
access to the facility or the facility's control point shall be promptly removed by the user at the written
or verbal request of the Control Authority and shall not be replaced. The costs of clearing such access
shall be borne by the user.
(o) Unreasonable delays in allowing the Control Authority and/or the approval authority access to the user's
premises shall be a violation of this ordinance.
(p) The right of access of the Control Authority and/or the approval authority shall extend to but not be
limited to any premises where there is a discharge source or pretreatment system located or where
records are required to be kept by this ordinance or under 40 CFR 403. To make a comprehensive
determination of user's compliance status,the Control Authority and/or the approval authority shall have
access to all areas of the facility, including but not limited to areas where chemicals and raw materials
are stored. This right shall be considered at least as extensive as the authority provided under section
308 of the Act.
(q) During the course of any visit, the Control Authority and/or the approval authority may document any
part or process of the facility by written document, still photography, video, audio, or any other recording
method deemed appropriate by the Control Authority and/or the approval authority. The user may use
the procedures in section 106-569 to request that portions of the documentation be considered
confidential information.
(r) The user shall not deny access by the Control Authority and/or the approval authority to any area of
the facility for any reason, including but not limited to proprietary processes, security clearance, safety
concern, or personal privacy. Any necessary arrangements for access to all areas shall have been
made by the user beforehand so that upon presentation of suitable identification, the Control Authority
and/or the approval authority shall be permitted to enter any area of the facility without reasonable delay
for the purposes of performing specific responsibilities. The failure of the user to make any such
necessary arrangements shall not constitute a valid reason for the user to deny entrance by the Control
Authority and/or the approval authority to any area of the facility.
(Code 1966, § 32-129(1); Code 2001, § 106-722; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-723.-Search warrants.
If the Control Authority and/or the approval authority has been refused access to a building, structure,
or property or any part thereof and is able to demonstrate probable cause to believe that there may be a
violation of this ordinance or that there is a need to inspect and/or sample as part of a routine inspection
and sampling program of the city designed to verify compliance with this ordinance or any permit or order
issued under this ordinance or to protect the overall public health, safety and welfare of the community, the
Control Authority may seek issuance of a search warrant.
(Code 1966, § 32-129(2); Code 2001, § 106-723)
Secs. 106-724-106-750.- Reserved.
DIVISION 3. -WASTEWATER DISCHARGE PERMIT
Sec. 106-751.- Denial or conditions of new or increased contributions.
The Control Authority may deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants to the publicly owned treatment works by industrial users where such
contributions do not meet applicable pretreatment standards and requirements or where such contributions
would cause the publicly owned treatment works to violate its Texas Pollutant Discharge Elimination System
permit.
(Code 1966, § 32-126(a); Code 2001, § 106-751; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-752.-Wastewater analysis.
When requested by the Control Authority, a user must submit information on the nature and
characteristics of its wastewater within a reasonable time specified by the Control Authority. The Control
Authority is authorized to prepare a form for this purpose and may periodically require users to update this
information.
(Code 1966, § 32-126(b); Code 2001, § 106-752)
Sec. 106-753.- Requirements.
(d) No significant industrial user shall discharge wastewater into the publicly owned treatment works
without first obtaining a wastewater discharge permit from the Control Authority, except that a significant
industrial user that has filed a timely application pursuant to section 106-754 or 106-755 may continue
to discharge for the time period specified therein.
(e) The Control Authority may require other users to obtain wastewater discharge permits as necessary to
carry out the purposes of this ordinance.
(f) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation
of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in sections
106-751-106-759 and sections 106-614 and 106-615 and subdivisions IV and V of division 2 of this
ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to
comply with all federal and state pretreatment standards or requirements or with any other requirements
of federal, state, and local law.
(Code 1966, § 32-126(c); Code 2001, § 106-753; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-754.- Existing connections.
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the
publicly owned treatment works prior to the effective date of the ordinance from which this section derives
and who wishes to continue such discharges in the future shall, within 30 days after such date, apply to the
Control Authority for a wastewater discharge permit in accordance with section 106-757 and shall not cause
or allow discharges to the publicly owned treatment works to continue after 60 days of the effective date of
the ordinance from which this section derives except in accordance with a wastewater discharge permit
issued by the Control Authority. All users currently under a permit may continue to discharge wastewater
for the duration of the permit with the provision that all prohibitions in this ordinance shall be considered to
be in force at the effective date of the ordinance from which this ordinance derives.
(Code 1966, § 32-126(d); Code 2001, § 106-754)
Sec. 106-755.- New connections.
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence
discharging into the publicly owned treatment works must obtain such a permit prior to the beginning or
recommencing of such discharge. An application for this wastewater discharge permit, in accordance with
section 106-757, must be filed at least 60 days prior to the date upon which any discharge will begin or
recommence.
(Code 1966, § 32-126(e); Code 2001, § 106-755)
Sec. 106-756.- Extrajurisdictional industrial users.
This ordinance shall apply to all persons outside the city who are, by contract or agreement with the
city, users of the city's publicly owned treatment works, and thus such users may be required to obtain a
wastewater discharge permit in accordance with all applicable sections of this division.
(Code 1966, § 32-126(f); Code 2001, § 106-756)
Sec. 106-757.-Application contents.
(c) All users required to obtain a wastewater discharge permit must submit a permit application. The
Control Authority may require all users to submit as part of an application the following information:
(12)AII information required by section 106-881(b);
(13)Description of activities, facilities, and plant processes on the premises, including a list of all raw
materials and chemicals used or stored at the facility which are or could accidentally or intentionally
be discharged to the publicly owned treatment works;
(14)Number and type of employees, hours of operation, and proposed or actual hours of operation;
(15)Each product produced by type, amount, process and rate of production;
(16)Type and amount of raw materials processed (average and maximum per day);
(17)Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains,
and appurtenances by size, location, and elevation, and all points of discharge;
(18)Time and duration of discharges; and
(19)The location for monitoring all wastes covered by the permit
(20)Flow Measurements 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 us of the combined wastestream formula (40 CFR 403.6(e)).
(21)Measurement of Pollutants.
(vi) The categorical Pretreatment Standards applicable to each regulated process and any new
categorical regulated processes for Existing Sources
(vii) 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.
(viii) Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where
required, shall be reported.
(ix) The sample shall be representative of daily operations and shall be analyzed in the
accordance with procedures set out in section 106-891 of this ordinance. Where alternative,
the User shall submit documentation as required by the Control Authority or the applicable
Standards to determine compliance with the Standard.
(x) Sampling must be performed in accordance with procedures set out in section 106-891 of this
ordinance.
(22) Any other information as may be deemed necessary by the Control Authority to evaluate the
wastewater discharge permit application.
(d) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(Code 1966, § 32-126(g); Code 2001, § 106-757)
Sec. 106-758.-Application signatories and certification.
All wastewater discharge permit applications and user reports must be signed by an authorized
representative of the user and shall contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to ensure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the person or persons who manage
the system, or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the possibility of fine or
imprisonment for knowing violations."
If the designation of an Authorized Representative is no longer accurate because a different individual or
position has responsibility for the overall operation of the facility or overall responsibility for environmental
matters for the company, a new written authorization satisfying the requirement of this section must be
submitted to the Control Authority prior to or together with any reports to be signed by an Authorized
Representative
(Code 1966, § 32-126(h); Code 2001, § 106-758)
Sec. 106-759.- Decisions.
The Control Authority will evaluate the data furnished in the application for a wastewater discharge
permit by the user and may require additional information. Within 30 days of receipt of a complete
wastewater discharge permit application, the Control Authority will determine whether or not to issue a
wastewater discharge permit. The Control Authority may deny any application for a wastewater discharge
permit.
(Code 1966, § 32-126(i); Code 2001, § 106-759)
Sec. 106-760.- Duration.
A wastewater discharge permit shall be issued for a period of less than five years from the effective
date of the permit. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(Code 1966, § 32-127(a); Code 2001, § 106-760; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-761.-Contents.
(d) A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by
the Control Authority to:
(6) Prevent pass through or interference;
(7) Protect the quality of the water body receiving the treatment plant's effluent;
(8) Protect worker health and safety;
(9) Facilitate sludge management and disposal; and
(10)Protect against damage to the publicly owned treatment works.
(e) Wastewater discharge permits must contain the following:
(7) A statement that indicates wastewater discharge permit duration, for a period of less than five
years, including the dates of issuance and expiration;
(8) A statement that the wastewater discharge permit shall not be reassigned or transferred or sold to
a new owner, new user, different premises, or a new or changed operation without the prior
notification and approval of the Control Authority in accordance with section 106-764 and provisions
for furnishing the new owner or operator with a copy of the existing wastewater discharge permit,
all with the provision that the Control Authority may require a new wastewater discharge permit
application be made in lieu of a permit being reassigned or transferred or sold;
(9) Effluent limits, including, based on applicable general pretreatment standards in 40 CFR 403,
categorical pretreatment standards, local limits, Best Management Practices, and state and local
law;
(10)Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an
identification of the pollutants (or BMPs) to be monitored, sampling location, sampling frequency,
and sample type, based on the applicable general pretreatment standards in 40 CFR 403,
categorical pretreatment standards, local limits, and state and local law. Where the Control
Authority has authorized alternate sampling (such as grab versus composite, or time proportional
versus flow proportional composite sampling), alternate sampling protocols shall be specified in the
permit; and
(11)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.
(12)Requirements to control Slug Discharges, if determined by the Control Authority to be necessary.
(f) Wastewater discharge permits may at the discretion of the Control Authority contain but not be limited
to the following conditions:
(10)Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements
for flow regulation and equalization.
(11)Requirements for the installation of pretreatment technology, pollution control, or construction of
appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of
pollutants into the treatment works.
(12)Requirements for the development and implementation of spill control plans or other special
conditions including management practices necessary to adequately prevent accidental,
unanticipated, or nonroutine discharges.
(13)Development and implementation of waste minimization plans or pollution prevention (P2)
programs to reduce the amount of pollutants discharged to the publicly owned treatment works.
(14)The unit charge or schedule of user charges and fees for the management of the wastewater
discharged to the publicly owned treatment works.
(15)Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(16)A statement that compliance with the wastewater discharge permit does not relieve the permittee
of responsibility for compliance with all applicable federal and state pretreatment standards,
including those which become effective during the term of the wastewater discharge permit.
(17)Any Best Management Practices required by the Control Authority.
(18)Other conditions as deemed appropriate by the Control Authority to ensure compliance with this
ordinance and state and federal laws, rules, and regulations.
(code 1966, § 32-127(b); code 2001, § 106-761; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-762.-Appeals.
(f) The Control Authority shall provide public notice of issuance of a wastewater discharge permit. Any
person, including the user, may petition the Control Authority to reconsider the terms of a wastewater
discharge permit within 90 days of notice of its issuance.
(g) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(h) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected
to,the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(i) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
Q) If the Control Authority fails to act within 30 days, a request for reconsideration shall be deemed to be
denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge
permit, or not to modify a wastewater discharge permit shall be considered final administrative actions
for purposes of judicial review.
(code 1966, § 32-127(c); code 2001, § 106-762)
Sec. 106-763.- Modification.
The Control Authority may modify a wastewater discharge permit for good cause, including but not
limited to the following reasons:
(10)To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(11)To address significant alterations or additions to the user's operation, processes, or wastewater
volume or character since the time of the wastewater discharge permit issuance;
(12)A change in the publicly owned treatment works that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(13)Information indicating that the permitted discharge poses a threat to the city's publicly owned
treatment works, city personnel, or the receiving waters;
(14)Violation of any terms or conditions of the wastewater discharge permit;
(15)Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit
application or in any required reporting;
(16)Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR
403.13; or
(17)To correct typographical or other errors in the wastewater discharge permit.
(18)To reflect a transfer of the facility ownership or operation to a new owner or operator where
requested in accordance with section 106-764.
(code 1966, § 32-127(d); code 2001, § 106-763)
Sec. 106-764.-Transferability.
Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to a new owner, new user,different premises,
or a new or changed operation without the approval of the Control Authority. Any succeeding owner or user
shall also comply with the terms and conditions of the existing permit. The Control Authority may require a
new wastewater discharge permit application be made in lieu of a permit transfer.
(code 1966, § 32-127(e); code 2001, § 106-764)
Sec. 106-765.- Revocation.
(c) The Control Authority may revoke a wastewater discharge permit for good cause, including but not
limited to the following reasons:
(14)Failure to notify the Control Authority of significant changes to the wastewater prior to the changed
discharge;
(15)Failure to provide prior notification to the Control Authority and/or the POTW of changed conditions
pursuant to section 106-885;
(16)Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit
application;
(17)Falsifying self-monitoring reports and certification statements;
(18)Tampering with monitoring equipment section 106-886;
(19)Refusing to allow the Control Authority and/or approval authority timely access to the facility
premises and records;
(20)Failure to meet effluent limitations;
(21)Failure to pay fines;
(22)Failure to pay sewer charges or surcharges;
(23)Failure to meet compliance schedules;
(24)Failure to complete a wastewater survey or the wastewater discharge permit application;
(25)Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(26)Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge
permit or this ordinance.
(d) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business
ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
(code 1966, § 32-127(f); code 2001, § 106-765)
Sec. 106-766.- Reissuance.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit
reissuance by submitting a complete permit application, in accordance with section 106-757, a minimum of
15 days prior to the expiration of the user's existing wastewater discharge permit.
(code 1966, § 32-127(g); code 2001, § 106-766)
Sec. 106-767.- Regulation of waste received from other jurisdictions.
(d) If another municipality or user located within another municipality contributes wastewater to the publicly
owned treatment works, the Control Authority shall enter into an intermunicipal agreement with the
contributing municipality.
(e) Prior to entering into an agreement required by subsection (a) of this section, the contributing
municipality must provide the following information to the Control Authority:
(4) A description of the quality and volume of wastewater discharged to the publicly owned treatment
works by the contributing municipality;
(5) An inventory of all users located within the contributing municipality that are discharging to the
publicly owned treatment works; and
(6) Such other information as the Control Authority may deem necessary.
(f) An intermunicipal agreement, as required by subsection (a) of this section, shall contain the following
conditions and local limits, including required BMRs which are:
(9) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as
stringent as this ordinance and local limits which are at least as stringent as those set out in section
106-820. The requirement shall specify that such ordinance and limits must be revised as
necessary to reflect changes made to the city's ordinance or local limits;
(10)A requirement for the contributing municipality to submit a revised user inventory on at least an
annual basis;
(11)A provision specifying which pretreatment implementation activities, including wastewater
discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the
contributing municipality; which of these activities will be conducted by the Control Authority; and
which of these activities will be conducted jointly by the contributing municipality and the Control
Authority;
(12)A requirement for the contributing municipality to provide the Control Authority with access to all
information that the contributing municipality obtains as part of its pretreatment activities;
(13)Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point
where it discharges to the publicly owned treatment works;
(14)Requirements for monitoring the contributing municipality's discharge;
(15)A provision ensuring the Control Authority and/or the approval authority access to the facilities of
users located within the contributing municipality's jurisdictional boundaries for the purpose of
inspection, sampling, and any other duties deemed necessary by the Control Authority; and
(16)A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(code 1966, § 32-127(h); code 2001, § 106-767)
Secs. 106-768-106-790.- Reserved.
DIVISION 4. -SEWER USE REGULATIONS
Subdivision I.- In General
Secs. 106-791-106-815.- Reserved.
Subdivision II. - Prohibited Discharges
Sec. 106-816.-General prohibitions.
No user shall introduce or cause to be introduced into the publicly owned treatment works any pollutant
or wastewater which causes pass through or interference. These general prohibitions and the specific
prohibitions in section 106-817 apply to all users of the publicly owned treatment works,whether or not they
are subject to categorical pretreatment standards or any other national, state, or local pretreatment
standards or requirements.
(code 1966, § 32-124(a)(1); code 2001, § 106-816)
Sec. 106-817.-Specific prohibitions.
(c) No user shall introduce or cause to be introduced into the publicly owned treatment works the following
pollutants, substances, or wastewater:
(10)Pollutants which create a fire or explosive hazard in the publicly owned treatment works, including
but not limited to wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit
(60 degrees Celsius) using the test methods specified in 40 CFR 261.21.
(11)Wastewater having a pH less than five or more than 12, or otherwise causing corrosive structural
damage to the publicly owned treatment works or equipment.
(12)Solid or viscous substances in an amount which will cause obstruction of the flow in the publicly
owned treatment works resulting in interference, but in no case solids greater than two inches or
five centimeters in any dimension.
(13)Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow
rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will
cause interference with the publicly owned treatment works.
(14)Heat in amounts which will inhibit biological activity in the treatment plant resulting in interference,
but in no case heat in such quantities which causes the temperature at the introduction into the
treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius).
(15)Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will
cause interference or pass through.
(16)Pollutants which result in the presence of toxic gases, vapors, or fumes within the publicly owned
treatment works in a quantity that may cause acute worker health and safety problems.
(17)Trucked or hauled pollutants, except at discharge points designated by the city in accordance with
section 106-854.
(18)Fats, oils and grease in concentrations greater than 500 mg/I, or which violate any other section of
this subdivision.
(d) Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in
such a manner that they could be discharged to the publicly owned treatment works.
(code 1966, § 32-124(a)(2), code 2001, § 106-817)
Sec. 106-818.- National categorical pretreatment standards.
(e) The categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405-471 are
incorporated. All existing or new users shall also comply with all applicable pretreatment standards and
requirements, including those set forth in 40 CFR 403.6.
(f) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not
regulated by the same standard, the Control Authority shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
(g) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant
to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are
fundamentally different from the factors considered by the Environmental Protection Agency when
developing the categorical pretreatment standard.
(h) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
(3) Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the
Industrial User's intake water in accordance with this section. Any Industrial User wishing to obtain
credit for intake pollutants must make application to the Control Authority. Upon request of the
Industrial User, the applicable Standard will be calculated on a "net" basis (i.e., adjusted to reflect
credit for pollutants in the intake water) if the requirements of paragraph (2) of this section are met.
(4) Criteria
(v) Either (i) The applicable categorical Pretreatment Standards contained in 40 CFR
subchapter N specifically provide that they shall be applied on a net basis; or (ii) The
Industrial User demonstrates that the control system it proposes or uses to meet applicable
categorical Pretreatment Standards would, if properly installed and operated, meet the
Standards in the absence of pollutants in the intake waters.
(vi) Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended
solids (TSS), and oil and grease should not be granted unless the Industrial User
demonstrates that the constituents of the generic measure in the User's effluent are
substantially similar to the constituents of the generic measure in the intake water or unless
appropriate additional limits are placed on the process water pollutants either at the outfall
or elsewhere.
(vii) Credit shall be granted only to the extent necessary to meet the applicable categorical
Pretreatment Standards(s), up to a maximum value equal to the influent value. Additional
monitoring may be necessary to determine eligibility for credits and compliance with
Standard(s) adjusted under this section.
(viii) Credit shall be granted only if the User demonstrates that the intake water is drawn from
the same body of water as that into which the POTW discharges. The Control Authority
may waive this requirement if it finds that no environmental degradation will result.
(Code 1966, § 32-124(b); code 2001, § 106-818)
Sec. 106-819.-State pretreatment standards.
State requirements and limitations on discharges to the publicly owned treatment works shall be met
by all dischargers which are subject to such standards in any instance in which they are more stringent
than federal requirements and limitations or those in this ordinance or any other applicable ordinance.
(Code 1966, § 32-124(c); Code 2001, § 106-819)
Sec. 106-820.- Local limits.
(h) The city has two publicly owned treatment works: POTW#1, known as the Northside Treatment Plant,
located at 5645 Burkburnett Road, Wichita Falls, Texas, and POTW #2, known as the Wichita Falls
Resource Recovery Facility, located at 1005 River Road, Wichita Falls, Texas. As these two publicly
owned treatment works have different capacities, flow characteristics, and receiving waters, the city
has developed maximum allowable discharge limits for industrial users for each treatment works.
(i) Each industrial discharger will be required to adhere to those limits established at the treatment works
receiving its wastewater discharge. The following local limits are established to protect against pass
through and interference and to protect sludge quality. These limits are deemed Pretreatment
Standards for the purpose of section 307(d) of the Act. Except as provided, no person shall discharge
wastewater in excess of the following maximum allowable discharge limits:
Wichita Falls Northside Treatment
Pollutant Resource Recovery Facility Plant
mg/I mg/I
Antimony 1.42 � 0.34
Arsenic 0.89 0.21
Beryllium 0.07 0.47
Cadmium 0.39 0.08
Chromium 6.82 3.48
Copper 6.75 2.30
Cyanide 0.38 0.06
Lead 2.26 0.58
Mercury 0.0083 0.0073
Nickel 4.64 0.34
Phenols 3.94 0.87
Selenium 0.17 0.02
Silver 0.66 0.66
Zinc 42.54 1.72
Q) Discharge of wastewater containing BOD and/or TSS in concentrations greater than 300 mg/I and fats,
oils and grease in concentrations greater than 100 mg/I will be subject to a sewer surcharge at a rate
set by the city council to defray the additional costs of treatment for excessive BOD, TSS and fats, oils
and grease at the publicly owned treatment works.
(k) The surcharge will be an additional charge to the current monthly industrial sewer charge. The
surcharge will not be retroactive, but will continue until such time subsequent tests determine that the
surcharge requires adjustment.
(1) The limits in this section applies to Local Limits only at the point where the wastewater is discharged to
the publicly owned treatment works. All concentrations for metallic substances are for total metal unless
indicated otherwise.The Control Authority may impose mass limitations in addition to the concentration-
based limitations in this section.
(m) The Control Authority may impose additional and/or alternative limits by permit on specific individual
industrial users. These limits shall be technically based on the allowable loading of the specified
pollutant at the appropriate treatment plant. In no case shall these additional and/or alternative limits
be less stringent than the above limits, or any applicable federal or state statute.
(n) The Control Authority may develop Best Management Practices (BMPs), by ordinance or in individual
wastewater discharge permits, to implement Local Limits and the requirements of this ordinance.
(code 1966, § 32-124(d); code 2001, § 106-820; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-821.-City's right of revision.
The city reserves the right to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements on discharges to the publicly owned treatment works.
(code 1966, § 32-124(e); code 2001, § 106-821)
Sec. 106-822.- Dilution.
No user shall ever increase the use of process water or in any other way attempt to dilute a discharge
as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard or requirement. The Control Authority
may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or
requirements or in other cases when the imposition of mass limitations is appropriate.
(code 1966, § 32-124(f); code 2001, § 106-822)
Secs. 106-823-106-850.- Reserved.
Subdivision III.- Pretreatment Requirements
Sec. 106-851.- Pretreatment facilities.
Users shall provide necessary wastewater treatment to comply with this ordinance and shall achieve
compliance with all applicable categorical pretreatment standards, local limits, and the prohibitions
established by this ordinance in subdivision II of this division within the time limitations specified by the
Environmental Protection Agency, the state, or the Control Authority, whichever is more stringent. Any
facilities necessary for compliance shall be provided, operated, and maintained at the user's expense.
Detailed plans describing such facilities and operating procedures shall be submitted to the Control
Authority for review and shall be acceptable to the Control Authority before such facilities are constructed.
The review of such plans and operating procedures shall in no way relieve the user from the responsibility
of modifying such facilities as necessary to produce a discharge acceptable to the city under this ordinance.
(Code 1966, § 32-125(a); code 2001, § 106-851)
Sec. 106-852.-Additional pretreatment measures.
(f) Whenever deemed necessary,the Control Authority may require users 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 meet such other conditions as may be necessary to protect the publicly owned treatment works
and determine the user's compliance with the requirements of this ordinance.
(g) The Control Authority may require any person discharging into the publicly owned treatment works to
install and maintain, on his property and at his expense, a suitable storage and flow-control facility to
ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
All records,charts, recorded charts or strips, and logs of such controls shall be maintained and provided
upon request of the Control Authority.
(h) Grease, oil, and sand interceptors or traps shall be provided when, in the opinion of the Control
Authority, they are necessary for the proper handling of wastewater containing excessive amounts of
grease and oil or sand; however, such interceptors or traps shall not be required for residential users.
All interception units shall be of a type and capacity approved by the Control Authority and shall be so
located to be easily accessible for cleaning and inspection. Such interceptors or traps shall be
inspected, cleaned, and repaired regularly, as needed, by the user at his expense. A record of
maintenance, repairs, and a log of pumping and waste hauling of contents shall be maintained and
provided to the Control Authority upon request.
(i) Users with the potential to discharge flammable substances may be required to install and maintain an
approved combustible gas detection meter.
Q) The Control Authority may require any user to install or have installed at the user's expense a control
manhole, of a size and construction approvable by the Control Authority. Additionally, the Control
Authority may require the user to construct or have constructed at the user's expense any structures,
appurtenances, fences, embankments, rail guards, posts, security system, or any other device with eye
bolts, locks, lights, signs, or any other device to ensure the security and safety of Control Authority
personnel and sampling equipment.
(code 1966, § 32-125(b); code 2001, § 106-852; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-853.-Accidental discharge and slug control plans.
(c) Within one year of being designated as a SIU and at least once every two years thereafter whether
each SIU needs a plan or other action to control slug discharges. The Control Authority may require
any user to develop, submit for approval, and implement such a plan or take such other action that may
be necessary. Alternatively, the Control Authority may develop such a plan for any user. An accidental
discharge plan shall address, at a minimum, the following:
(5) Description of discharge practices, including nonroutine batch discharges;
(6) Description of stored chemicals;
(7) Procedures for immediately notifying the Control Authority, other regulatory agencies such as the
EPA and the approval authority, and the appropriate wastewater treatment plant of any accidental
or slug discharge, as required by section 106-886; and
(8) 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 including
solvents, and/or measures and equipment for emergency response. The location of floor drains, if
present, and any other possible sources of introduction into the waste stream or sanitary sewage
system will also be identified.
(d) The Control Authority is required to keep records of the activities associated with slug control
evaluations and the results are required to be available to the Approval Authority upon request.
(Code 1966, § 32-125(c); Code 2001, § 106-853; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-854.- Hauled wastewater.
The following requirements are in addition to section 106-311 and subdivision III of division 2 of this
ordinance:
(6) Septic tank waste shall only be introduced into the publicly owned treatment works at locations
designated by the publicly owned treatment works and at such times as are established by the
publicly owned treatment works. Such waste shall not violate subdivision II of this division or any
other requirements established by the city. The Control Authority shall require septic tank waste
haulers to obtain wastewater discharge permits.
(7) The Control Authority may require haulers of industrial wastewater to obtain wastewater discharge
permits. The Control Authority may require generators of hauled industrial wastewater to obtain
wastewater discharge permits. The Control Authority may also prohibit the disposal of hauled
industrial wastewater. The discharge of hauled industrial wastewater is subject to all other
requirements of this ordinance.
(8) Industrial wastewater haulers shall discharge loads only at locations designated by the publicly
owned treatment works. No load may be discharged without prior consent of the publicly owned
treatment works. The publicly owned treatment works or the Control Authority may collect samples
of each hauled load to ensure compliance with applicable standards.The publicly owned treatment
works or the Control Authority may require the industrial wastewater hauler to provide a waste
analysis of any load prior to discharge.
(9) Industrial wastewater hauler must provide a trip ticket for every load.
(10)The superintendent of the POTW, or his designated representative, may at any time and without
prior notice, refuse to allow the discharge of any specific load of hauled wastewater from any
particular liquid waste hauler. This refusal may be based upon such criteria as questionable
physical characteristics of the hauled wastewater(odor, color, etc.), past history of the manifested
liquid waste generator, or any other such information or judgment that the discharge may adversely
affect the POTW in any way. In the event of such refusal of discharge,the wastehauler shall provide
to the Control Authority within 30 days, a manifest indicating the proper disposal of that load of
hauled wastewater.
(Code 1966, § 32-125(d); Code 2001, § 106-854; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-855.- Disposal of contaminated water from leaking petroleum storage tank sites.
(i) After treatment to specified standards, the contaminated water will be placed in a sanitary sewer line
where possible. Disposal into the sanitary sewer system will be based on the quality of the water, the
peak flow to be placed into the sewer, sewer capacity available, and the availability of sanitary sewer
systems.
Q) If necessary, the treated water can be placed into the storm drainage system.This disposal method will
require an approval authority permit to discharge the treated water into the surface waters of the state.
Disposal via the storm drain system must not create a nuisance to the properties between the affected
site and the public stream where discharge is permitted by the approval authority.
(k) Where it is not possible or feasible to dispose of the treated waters in the sanitary sewer or the disposal
by storm drain will create a nuisance effect, and no other disposal methods are available, the city will
determine the improvements required in the sanitary or storm drain systems to accept the flow. All
improvements will be at the sole expense of the owner of the contaminated site. All improvements must
be installed per city standards and procedures, and must be dedicated to the city.
(1) All waters from a contaminated site, before disposal into a sanitary sewer, must meet the quality
standards of this subdivision with the addition of the following standards for BTEX, lead, and total hydro-
carbons:
Chemical I ug/liter I mg/liter
Benzene 1,000 1.0
Toluene 1,000 1.0
Ethyl benzene 1,000 1.0
Xylenes 1,000 1.0
Total BTEX 2,000 2.0
Total petroleum
Hydrocarbons(TPH) 2.0
Lead (Wichita Falls Resource Recovery Facility POTW) 2.26
Lead (Northside POTW) 0.58
(m)Prior to disposal of the treated water from the contaminated site, the site owner must present to the
Control Authority a copy of the approval authority approved plan for corrective action and, as required,
an approval authority permit to discharge to surface waters. The Control Authority will be provided a
copy of all laboratory tests conducted to meet the approval authority requirements in the plan for
corrective action. The Control Authority may require additional tests beyond those of the approval
authority approved plan of corrective action.
(n) These procedures apply to either pump-and-treat flows or batch releases of treated waters from
contaminated sites. Under no circumstances will a site owner dispose of treated waters from a LPST
contaminated site in the city until authorized to do so by the Control Authority.
(o) The owner will be required to obtain a permit from the Control Authority. This permit must be renewed
annually. The owner must pay an initial permit fee and an annual fee to renew the permit. In addition,
each month the owner may pay a fee to defray the cost of reviewing lab results and the results of city-
initiated sampling and testing to ensure compliance with both the remedial action plan and the industrial
pretreatment ordinance. These costs must be paid until the site is closed by the approval authority and
disposal of treated waters has ceased. A statement of the amount of these fees can be obtained from
the Control Authority.
(p) If the treated water is disposed of in the sanitary sewer, there will be a minimum monthly charge plus
the current commodity charge per 1,000 gallons disposed. The amount disposed generally shall be
determined by the rated capacity of the pumps in a pump-and-treat system or by the size of the
container in a batch disposal system (added).
(Code 2001, § 106-855; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-856.- Fraud and false statements.
The reports and other documents required to be submitted or maintained under this ordinance shall
be subject to:
(4) The provisions of 18 USC 1001 relating to fraud and false statements;
(5) The provisions of section 309(c)(4) of the act, as amended, governing false statements,
representations, or certifications; and
(6) The provisions of section 309(c)(6) of the act regarding responsible corporate officers.
(Code 1966, § 32-125(e); Code 2001, § 106-856; Ord. No. 25-2002, § 1, 4-2-2002)
Secs. 106-857-106-880.- Reserved.
DIVISION 5. - REPORTING REQUIREMENTS
Sec. 106-881.- Baseline monitoring reports.
(c) Generally. Within either 180 days after the effective date of a categorical pretreatment standard or 180
days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4),
whichever is later, existing industrial users subject to such categorical pretreatment standards and
currently discharging to or scheduled to discharge to the publicly owned treatment works shall submit
to the Control Authority a report which contains the information listed in subsection (b) of this section.
At least 90 days prior to commencement of discharge, new sources and sources that become industrial
users subsequent to the promulgation of an applicable categorical pretreatment standard shall be
required to submit to the Control Authority a report which contains the information listed in subsection
(b)of this section. New sources shall also be required to include in this report information on the method
of pretreatment the source intends to use to meet applicable pretreatment standards. New sources
shall give estimates of the information requested in subsections (b)(4) and (5) of this section.
(d) Required information to submit. Users described in subsection (a) of this section shall submit the
following information:
(10)ldentifying information. The name and address of the facility, including the name of the operator
and owners.
(11)Environmental permits. A list of any environmental control permits held by or for the facility.
(12)Description ofoperations. A brief description of the nature,average rate of production, and standard
industrial classification of the operation carried out by the user. This description should include a
schematic process diagram which indicates points of discharge to the publicly owned treatment
works from the regulated processes.
(13)Flow measurement. Information showing the measured daily and maximum daily flow, in gallons
per day, to the publicly owned treatment works from each of the following:
c. Regulated process streams; and
d. Other streams as necessary to allow use of the combined wastestream formula of 40 CFR
403.6(e). (See subsection (b)(5)d of this section.)
The Control Authority may allow for verifiable estimates of these flows where justified by cost or
feasibility consideration.
(14)Measurement of pollutants.
h. The categorical pretreatment standards applicable to each regulated process.
i. The user shall take a minimum of one representative sample to compile that data necessary to
comply with the requirements of this subsection.
j. Samples should be taken immediately downstream from pretreatment facilities if such exist or
immediately downstream from the regulated process if no pretreatment exits. If other
wastewaters are mixed with the regulated wastewater prior to pretreatment the User should
measure the flows and concentrations necessary to allow use of the combined wastestream
formula in 40 CFR 403.6(e)this adjusted limit along with supporting data shall be submitted to
the Control Authority.
k. Sampling must be performed in accordance with procedures set out in section 106-891.
I. The Control Authority may allow the submission of a baseline report which utilizes only
historical data so long as the data provides information sufficient to determine the need for
industrial pretreatment measures.
m. The baseline report shall indicate the time,date,and place of sampling and methods of analysis
and shall certify that such sampling and analysis is representative of normal work cycles and
expected pollutant discharges to the publicly owned treatment works.
n. In cases where the Standard requires compliance with a BMP or pollution prevention
alternative, the user shall submit documentation as required by the Control Authority or the
applicable standards to determine compliance with the standard.
(15)Certification. A statement, reviewed by an authorized representative of the industrial user and
certified by a qualified professional, indicating whether pretreatment standards are being met on a
consistent basis and, if not,whether additional operation and maintenance (O&M)and/or additional
pretreatment is required for the industrial user to meet the pretreatment standards and
requirements.
(16)Compliance schedule. If additional pretreatment and/or O&M will be required to meet the
pretreatment standards, the shortest schedule by which the industrial user will provide such
additional treatment and/or O&M. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. A compliance schedule
pursuant to this section must meet the requirements set out in section 106-882.
d. Where the industrial user's categorical pretreatment standard has been modified by a removal
allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a
fundamentally different factors variance(40 CFR 403.13)at the time the user submits the report
required by subsection (b) of this section, the information required by subsections (b)(6) and
(7) of this section shall pertain to the modified limits.
e. If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7),
the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors
variance (40 CFR 403.13) after the user submits the report required by subsection (b) of this
section, any necessary amendments to the information required by subsections (b)(6) and (7)
of this section shall be submitted by the user to the Control Authority within 60 days after the
modified limit is approved.
f. The Control Authority shall have the authority to set compliance schedules where and when it
so deems necessary or if the user's compliance schedule is deemed inadequate by the Control
Authority.
(17)Signature and certification. All baseline monitoring reports must be signed and certified in
accordance with section 106-758.
(18)ln cases where the Pretreatment Standard requires compliance with a Best Management Practice
(BMP) or pollution prevention alternative, the user must submit documentation required by the
Control Authority or the Pretreatment Standard necessary to determine the compliance status of
the user
(code 1966, § 32-128(a); code 2001, § 106-881)
Sec. 106-882.-Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by section 106-881(b)(7):
(5) The schedule shall contain increments of progress in the form of dates for the commencement and
completion of major events leading to the construction and operation of additional pretreatment
required for the industrial user to meet the applicable categorical pretreatment standards. Such
events include but are not limited to hiring an engineer, completing preliminary plans, completing
final plans, executing a contract for major components, commencing construction, completing
construction, pretreatment system start-up, first discharge, and beginning and conducting routine
operation.
(6) No increment referred to in subsection (1) of this section shall exceed nine months.
(7) Not later than 14 days following each date in the schedule and the final date for compliance, the
industrial user shall submit a progress report to the Control Authority, including, at a minimum,
whether or not the user complied with the increment of progress to be met on such date and, if not,
the date on which the user expects to comply with this increment of progress, the reason for delay,
and the steps being taken by the industrial user to return the construction to the schedule
established.
(8) In no event shall more than nine months elapse between such progress reports to the Control
Authority.
(Code 1966, § 32-128(b); code 2001, § 106-882)
Sec. 106-883.- Reports on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable categorical pretreatment
standards or, for a new source, following commencement of the introduction of wastewater into the publicly
owned treatment works, any industrial user subject to such pretreatment standards and requirements shall
submit to the Control Authority a report containing the information described in section 106-881(b)(4)-(6) &
(9). For all other industrial users subject to categorical pretreatment standards expressed in terms of
allowable pollutant discharge per unit of production or other measure of operation, 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 section 106-758. All sampling will be done in conformance with section
106-891.
In cases where the Standard requires compliance with a BMP or pollution prevention alternative,
the user shall submit documentation as required by the Control Authority or the applicable standards to
determine compliance with the standard.
(code 1966, § 32-128(c); code 2001, § 106-883)
Sec. 106-884.- Periodic compliance reports for categorical industrial users.
(t) Any industrial user subject to a categorical standard, after the compliance date of such pretreatment
standard or, for a new source, after commencement of the discharge into the publicly owned treatment
works, shall submit to the Control Authority during the months of June and December, unless required
more frequently in the pretreatment standard or by the Control Authority, the Environmental Protection
Agency, or the approval authority, a report indicating the nature and concentration of pollutants in the
effluent which are limited by such categorical pretreatment standards. In cases where the pretreatment
standard requires compliance with a Best Management Practice (BMP) or pollution prevention
alternative, the industrial user must submit documentation required by Control Authority or the
pretreatment standard necessary to determine the compliance status of the industrial user. In addition,
this report shall include a record of measured or estimated average and maximum daily flows for the
reporting period for the discharge reported in section 106-881(b)(4) except that the Control Authority
may require more detailed reporting of flows. At the discretion of the Control Authority and in
consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Control
Authority may agree to alter the months during which such reports are to be submitted. All compliance
reports must be signed and certified in accordance with section 106-758. The samplings may be done
in the five months preceding the submittal months; however, they must be done within the same permit
year.
(g) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and
flow measurement facilities shall be properly operated, kept clean, and maintained in good working
order at all times. The failure of a user to keep its monitoring facility in good working order shall not be
grounds for the user to claim that sample results are unrepresentative of its discharge.
(h) If a user subject to the reporting requirement in this division monitors any regulated pollutant at the
appropriate sampling location more frequently than required by the Control Authority, using the
procedures prescribed in section 106-891, the results of this monitoring shall be included in this report.
(i) The reports required in this section shall be based upon data obtained through appropriate sampling
and analysis performed during the period covered by the report, which data is representative of
conditions occurring during the reporting period. The Control Authority shall require that frequency of
monitoring necessary to assess and ensure compliance by industrial users with applicable pretreatment
standards and requirements.
Q) All periodic compliance reports must be signed and certified in accordance with section 106-758.
(code 1966, § 32-128(d); code 2001, § 106-884; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-885.- Periodic compliance reports for significant noncategorical industrial users.
Significant noncategorical industrial users shall submit to the Control Authority at least once every six
months, on dates specified by the Control Authority, a description of the nature, concentration, and flow of
the pollutants required to be reported to the Control Authority. In cases where compliance with a Best
Management Practice (BMP) or pollution prevention alternative is required, the user must submit
documentation required by the Control Authority necessary to determine the compliance status of the user.
These reports shall be based on sampling and analysis performed in the period covered by the report, and
performed in accordance with the techniques described in section 106-891.All periodic compliance reports
must be signed and certified in accordance with section 106-758.
(code 1966, § 32-128(e); code 2001, § 106-885)
Sec. 106-886.- Reports of changed conditions.
(f) Each user must promptly notify both the Control Authority and the POTW in advance of any planned
significant or substantial changes to the user's operations or system which might alter the nature,
character, quality, or volume of its wastewater at least 30 days before the change.
(g) The Control Authority may require the user to submit such information as may be deemed necessary
to evaluate the changed condition, including the submission of a wastewater discharge permit
application under section 106-759.
(h) The Control Authority may issue a wastewater discharge permit under section 106-759 or modify an
existing wastewater discharge permit under section 106-763 in response to changed conditions or
anticipated changed conditions.
(i) For purposes of this section, significant changes include but are not limited to flow increases of 20
percent or greater, the discharge of previously unreported pollution, or the addition of any process
subject to categorical pretreatment standards.
Q) Significant industrial users are required to notify the Control Authority immediately of any changes at
its facility affecting the potential for a slug discharge.
(code 1966, § 32-128(f); code 2001, § 106-886)
Sec. 106-887.- Reports of potential problems.
(e) If any discharge, including but not limited to accidental discharges, discharges of a nonroutine episodic
nature, a noncustomary batch discharge, or any slug discharge, that may cause potential problems for
the publicly owned treatment works or for a reportable slug load, the user shall immediately telephone
and notify the Control Authority of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(f) Industrial users shall notify the CA, EPA and state hazardous waste authorities in writing of any
discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste
under 40 CFR Part 261.
(g) Within five days following such discharge,the user shall, unless waived by the Control Authority, submit
a detailed written report describing the cause of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall not relieve the user of any expense,
loss, damage, or other liability which may be incurred as a result of damage to the publicly owned
treatment works, natural resources, or any other damage to person or property; nor shall such
notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to
this division.
(h) Every significant industrial user shall permanently post a notice on the user's bulletin board or other
prominent place advising employees and contractors whom to call if a discharge described in
subsection (a) of this section occurs. Employers shall ensure that all employees and contractors, who
may cause such discharge to occur, are advised of the emergency notification.
(code 1966, § 32-128(g); code 2001, § 106-887)
Sec. 106-888.- Reports from other users.
(c) All other users required to obtain a wastewater discharge permit shall provide such information and
reports to the Control Authority as required by the wastewater discharge permit.
(d) All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the
Control Authority as the Control Authority may require.
(code 1966, § 32-128(h); code 2001, § 106-888)
Sec. 106-889.- Notice of violation; repeat sampling and reporting.
If sampling performed by an industrial user indicates a violation, the user shall notify the Control
Authority within 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 30 days after becoming
aware of the violation, except the industrial user is not required to resample if the Control Authority performs
sampling at the industrial user:
(3) At a frequency of at least once a month; or
(4) Between the time when the user performs its initial sampling and the time when the user receives
the results of this sampling.
(code 1966, § 32-128(i); code 2001, § 106-889)
Sec. 106-890.- Discharge of hazardous waste.
Under this division, all users are prohibited from discharging hazardous waste.
Any user who commences the discharge of hazardous waste shall notify the POTW,the EPA Regional
Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge
into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261.
(code 1966, § 32-1280); code 2001, § 106-890)
Sec. 106-891.-Sampling and analytical requirements.
(e) All pollutant sampling and analyses to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136
and amendments thereto, unless otherwise stated in an applicable categorical pretreatment standard.
Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question or
where the administrator determines that the 40 CFR 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures, including procedures
suggested by the publicly owned treatment works or other parties, approved by the administrator.
(f) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide,
and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through
flow-proportional composite sampling techniques where feasible.The Control Authority may waive flow-
proportional composite sampling for any industrial user that demonstrates that flow-proportional
sampling is infeasible. In such cases, samples may be obtained through time-proportional composite
sampling techniques or through a minimum of four grab samples where the user demonstrates that this
will provide a representative sample of the effluent being discharged.
(6) Any report required by the Control Authority must be based upon data obtained through
appropriate sampling and analysis performed during the period covered by the report, which data
are representative of conditions occurring during the reporting period.The frequency of monitoring
shall be of that frequency necessary to assess and assure compliance by Industrial Users with
applicable Pretreatment Standards and Requirements. Grab samples must be used for
temperature, pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds.
For all other pollutants, 24-hour composite samples must be obtained through flow-proportional
composite sampling techniques, unless time-proportional composite sampling or grab sampling is
authorized by the Control Authority.Where time-proportional composite sampling or grab sampling
is authorized by the Control Authority, the samples must be representative of the Discharge and
the decision to allow the alternative sampling must be documented in the Industrial User file for
that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR
part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period
may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the
samples may be composited in the laboratory or in the field; for volatile organics and oil & grease
the samples may be composited in the laboratory. Composite samples for other parameters
unaffected by the compositing procedures as documented in approved EPA methodologies may
be authorized by the Control Authority, as appropriate.
(7) All analyses shall be performed in accordance with procedures established by the Administrator
pursuant to section 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto
or with any other test procedures approved by the Administrator. (See, §§136.4 and 136.5.)
Sampling shall be performed in accordance with the techniques approved by the Administrator.
Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in
question, or where the Administrator determines that the part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and analyses shall be
performed using validated analytical methods or any other sampling and analytical procedures,
including procedures suggested by the POTW or other parties, approved by the Administrator.
(8) All analyses shall be performed in accordance with procedures established by the Administrator
pursuant to section 304(h) of the Act and contained in 40 CFR Part 136 and amendments thereto
or with any other test procedures approved by the Administrator. (See, §§136.4 and 136.5.)
Sampling shall be performed in accordance with the techniques approved by the Administrator.
Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in
question, or where the Administrator determines that the part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and analyses shall be
performed using validated analytical methods or any other sampling and analytical procedures,
including procedures suggested by the POTW or other parties, approved by the Administrator.
(9) if any Categorical Industrial User, any non-categorical Significant Industrial User, or any other
Industrial User subject to reporting requirements monitors any regulated pollutant at the
appropriate sampling location more frequently than required by the Control Authority, using the
procedures prescribed in this section, the results of this monitoring shall be included in the report.
(10)Non-detectable sampling results may be used only as a demonstration that a pollutant is not
present if the EPA approved method from 40 CFR 136 with the lowest minimum detection level
for that pollutant was used in the analysis.
(g) Submissions of all pollutant analyses shall contain the following:
(3) A copy of the laboratory report should be attached. The report should include the following
information:
j. The name, address, and telephone number of the laboratory performing the analysis.
k. The units in which each parameter is reported.
I. The method of analysis used (e.g., Environmental Protection Agency 335.1, 3500-Zn-A, etc.).
The method must be a technique for wastewater analysis as prescribed in 40 CFR 136.
m. The detection limit for each parameter measurement.
n. The name, initials, or other such unambiguous identification of the analyzing technician.
o. The date each analysis was performed.
p. The signature of the laboratory director, or equivalent position.
q. Quality control data (e.g., spikes, etc.).
r. The results of the analyses.
(4) A copy of the chain of custody records should be attached. Each record shall have the following:
I. The name and address of the user being sampled.
m. The sample container identification number or other such unique, unambiguous identification.
n. For a grab sample, the date and time the sample was taken.
o. For a composite sampling, the date and time the composite sampler was set up and the date
and time the composite sampler was retrieved.
p. The exact sampling point of the sample.
q. The method of taking the sample (i.e., grab sample, automatic or manual flow-proportioned
composite sample, automatic or manual time-proportioned composite sample, etc.).
r. The name, title, and signature of the person taking the sample.
s. The method of preservation of the sample and the date and time it was preserved, or if no
preservation was necessary.
t. The date and time dispatched for analysis, the name of the dispatcher, and the method of
shipment, if the sample was so dispatched.
u. The name of the individual, company, and/or address to which the sample is dispatched.
v. The signature of the receiver of the sample,the date and time of its receipt, who it was received
from, and its disposition.
(h) All wastewater samples must be representative of the User's discharge. Wastewater monitoring and
flow measurement facilities shall be properly operated, kept clean, and maintained in good working
order at all times. The failure of a User to keep its monitoring facility in good working order shall not be
grounds for the User to claim that sample results are unrepresentative of its discharge.
(code 1966, § 32-128(k); code 2001, § 106-891)
Sec. 106-892.-Timing.
Written reports submitted under this division will be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United
States Postal Service, the date of receipt shall govern.
(Code 1966, § 32-128(1); Code 2001, § 106-892)
Sec. 106-893.- Recordkeeping.
Any CA and any users subject to the reporting requirements of this ordinance shall retain, and snake available
for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this
ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the User
independent of such requirements, and documentation associated with Best Management Practices. Records shall
include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the
dates analyses were performed;who performed the analyses;the analytical techniques or methods used;and the results
of such analyses. These 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 or the Control Authority, or
where the User has been specifically notified of a longer retention period by the Control Authority. This
requirement shall also apply to the Control Authority.
(Code 1966, § 32-128(m); Code 2001, § 106-893)
Sec. 106-894.Signatories to Reports
All reports and other information requested by the Approval Authority from the City shall be signed
by the person and in the manner required by 30 TAC 305.128 (relating to Signatories to Reports).
Secs. 106-895-106-920.- Reserved.
DIVISION 6. - FEES, RATES AND CHARGES
Sec. 106-921.- Pretreatment charges and fees.
The Control Authority and the city may adopt reasonable fees for reimbursement of costs of setting up
and operating the city's pretreatment program which may include the following:
(7) Fees for wastewater discharge permit applications, including the cost of processing such
applications.
(8) Fees for monitoring, inspection, and surveillance procedures, including the cost of collection and
analyzing a user's discharge, and reviewing monitoring reports submitted by users.
(9) Fees for reviewing and responding to accidental discharge procedures and construction.
(10)Fees for filing appeals.
(11)Surcharges for BOD and TSS above the value of 300 mg/I, and fats, oils and grease above 100
mg/l.
(12)Other fees as the city may deem necessary to carry out the requirements contained in this
ordinance. These fees relate solely to the matters covered by this ordinance and are separate from
all other fees, fines, and penalties chargeable by the city.
(Code 1966, § 32-134.2(a); Code 2001, § 106-921; Ord. No. 25-2002, § 1, 4-2-2002)
Sec. 106-922.-Wastewater discharge permit fees.
(c) Wastewater discharge permit fees shall be fixed according to the schedule established by separate
ordinance.
(d) The rates referenced in subsection (a) of this section are for a permit issued for a period of one year.
The Control Authority may prorate the amounts for permits with shorter durations or may multiply the
amounts by the appropriate factor for multiyear permits. Unless otherwise designated on the permit, all
permits expire at 12:00 midnight on December 31 of the designated year.
(Code 1966, § 32-134.2(b); Code 2001, § 106-922; Ord. No. 25-2002, § 1, 4-2-2002; Ord. No.
83-2009, § 1, 11-3-2009)
Sec. 106-923.-Abnormal sewage surcharge.
(h) Abnormal sewage shall be defined as sewage containing BOD and/or TSS in concentrations greater
than 300 mg/I and/or fats, oils and grease in concentrations greater than 100 mg/l.
(i) Any industrial user whose discharge contains abnormal sewage shall be subject to a monthly sewage
surcharge payable to the city utility collection division. The surcharge shall be in addition to monthly
sewer service charges. Monthly surcharges shall stay in effect until such time as the industrial user
demonstrates that it has reduced the abnormality. The reduction must be attained in accordance with
section 106-822 and subdivision III of division 4 of this ordinance. The surcharge shall be based on
data determined by approved methods of the Environmental Protection Agency(see 40 CFR 136).This
data shall be derived from all sampling done at least in the previous six-month period, but this period
may be longer if deemed appropriate by the Control Authority. The Control Authority reserves the right
to either increase or decrease the surcharge at any time to reflect additional data from sampling.
Q) The surcharge for abnormal BOD shall be established by separate ordinance. Any discharge of water
or wastewater with a concentration of BOD more than five times the average 24-hour concentration of
normal operations of the industrial user shall be prohibited without the prior notification and specific
permission of the Control Authority.
(k) The surcharge for abnormal TSS shall be established by separate ordinance. Any discharge of water
or wastewater with a concentration of TSS more than five times the average 24-hour concentration of
normal operations of the industrial user shall be prohibited without the prior notification and specific
permission of the Control Authority.
(1) The surcharge for abnormal fats, oils and grease shall be established by separate ordinance. Discharge
of fats, oils and grease over 500 mg/I is prohibited.
(m) Each surcharge shall be assessed separately. For sewage containing more than one abnormal
constituent, the surcharges shall be added together.
(n) This charge shall be reviewed annually by the Control Authority who may recommend to the city council
adjustments as necessary to reflect true costs to the city.
(Code 1966, § 32-134.3(a); Code 2001, § 106-923; Ord. No. 25-2002, § 1, 4-2-2002)
Secs. 106-924-106-950.- Reserved.
Times Record News
PART OF THE USA TODAY NETWORK
PROOF OF PUBLICATION
CITY OF WICHITA FALL S
1300 7 TH STREET
WICHITA FALLS,TX 76307
STATE OF WISCONSIN,COUNTY OF BROWN
On this April 13,2020 AD,personally appeared before me
the undersigned authority for the Times Publishing
Company of Wichita Falls,publishers of the Wichita Falls in
Wichita County,Texas,and of general circulation in said
county,and upon being duly sworn by me,on oath states
that the attached advertisement is a true and correct copy of
advertising published in day(1)issues hereof on the
following date:
04/11/2020
Subscribed nd sy✓orn to Oefcte me on April 13,2020
Legal CN ,IW/•V4/1M1) IC(`vM/
Nota*ic, o WI,County of Brown
My commission expires
� SH�ELLY HORA
Notary Public
State of Wisconsin
Publication Cost:$1,193.59
Ad No.0004148052
Customer No 1237845
PO#. ORDINANCE NO.20-2020
#of Affidavits 2
This is not an invoice
ORDINANCE NO. 20-2020
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF WICHITA FALLS,
TEXAS, AMENDING CHAP-
TER 106, ARTICLE VII OF
THE CODE OF ORDINAN-
CES, CITY OF WICHITA
FALLS,TEXAS, CONCERN-
ING THE REGULATION OF
THE DISCHARGE OF IN-
DUSTRIAL WASTEWATER
INTO THE SANITARY SEW-
ER SYSTEM AND THE
STORM DRAINAGE SYS-
TEM; DEFINING TERMS;
REGULATING DISCHARG-
ES OF CERTAIN SUBSTAN-
CES INTO THE WASTEWA-
TER TREATMENT SYS-
TEM; PROVIDING LIMITA-
TIONS ON WASTEWATER
STRENGTH; PROVIDING
FOR SEWAGE SUR-
CHARGES; REQUIRING
PERMITS FOR CERTAIN
INDUSTRIAL DISCHARG-
ERS; PROVIDING FOR
PERMIT FEES; PROVID-
ING REPORTING RE-
QUIREMENTS; PROVID-
ING FOR SUSPENSION
AND DISCONNECTION OF
SERVICE AND REVOCA-
TION OF PERMIT; PRO-
VIDING FOR PENALTIES;
PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR
EMERGENCY PASSAGE;
REPEALING ALL ORDI-
NANCES OR PARTS OF OR-
DINANCES IN CONFLICT
HEREWITH; FINDING AND
DETERMINING THAT THE
MEETING AT WHICH THIS
ORDINANCE WAS PASSED
WAS OPEN TO THE PUB-
LIC AS REQUIRED BY
LAW; PROVIDING FOR
PUBLICATION; AND PRO-
VIDING FOR AN EFFEC-
TIVE DATE.
Sec. 106-632. - Administrative
fines.
(a) When the Control Author-
ity finds that a user has vio-
lated or continues to violate
any section of this ordinance,
a wastewater discharge per-
mit or order issued under this
ordinance or any other pre-
treatment standard or re-
quirement, the Control Au-
thority may fine such a user
in an amount not to exceed
52,000.00. Such fine shall be
assessed on a per-violation, p-
er-day basis. For monthly or
other long-term average dis-
charge limits, fines shall be
assessed for each day during
the period of violation. Such
assessments may be added to
the user's next scheduled
sewer service charge,and
the Control Authority shall
have such other collection
remedies as he has to collect
other service charges.
(b) Unpaid charges,fines,
and penalties shall,after 14
calendar days, be assessed
an additional penalty of ten
Percent of the unpaid bal-
ance,and interest shall ac-
crue thereafter at a rate of
one percent per month for ev-
ery month unpaid up to a
maximum of ten percent per
month.
(c) A user desiring to dispute
such fine must file a written
request for the Control Au-
thority to reconsider the fine
along with full payment of
the fine amount within ten
days of being notified of the
fine. When the Control Au-
thority believes a request has
merit, the Control Authority
may convene a hearing on
the matter within 15 days of
receiving a request from the
user. If the user's appeal is
successful, the payment, to-
gether with any interest ac-
cruing thereto,shall be re-
turned to the user. The Con-
trol Authority may add the
costs of preparing adminis-
trative enforcement actions,
such as notices and orders,to
the fine.
(d) Issuance of an adminis-
trative fine shall not be a bar
against or a prerequisite for
taking any other action
against the user.
Sec. 106-663.-Civil penalties.
(a) A user who has violated
or continues to violate any
section of this ordinance,a
wastewater discharge per-
mit,or order issued under
this ordinance or any other
Pretreatment standard or re-
quirement shall be liable to
the city for a maximum civil
penalty of$2,000.00 per viola-
tion per day plus actual dam-
ages incurred by the publicly
owned treatment works. For
a monthly or other long term
average discharge limit, pen-
alties shall accrue for each
day during the period of the
violation.
(b) The Control Authority
may recover reasonable at-
torneys' fees,court costs, and
other expenses associated
with enforcement activities,
including sampling and moni-
toring expenses, and the cost
of any actual damages incur-
red by the city.
(c) In determining the
amount of civil liability, the
court shall take into account
all relevant circumstances,
including but not limited to
the extent of harm caused by
the violation, the magnitude
and duration of the violation,
any economic benefit gained
through the user's violation,
corrective actions by the
user, the compliance history
of the user,and any other
factor as iustice requires.
(d) Filing a suit for civil pen-
alties shall not be a bar
against or a prerequisite for
taking any other action
against a user.
Sec. 106-664.-Criminal prose-
cution.
(a) For the purpose of this
ordinance,the city shall en-
act all criminal authorities
authorized under state law.
(b) Any user that willfully or
negligently violates any sec-
tion of this ordinance,any or-
ders or wastewater discharge
permits issued under this or-
dinance or any other Pre-
treatment requirement shall,
upon conviction, be guilty of
a misdemeanor, punishable
by a fine of not more than
$2,000.00 per violation, per
day as provided in section
106-632.
(c) Any user that knowingly
makes any false statements,
representations,or certifica-
tions in any application, re-
cord, report, plan,or other
documentation filed or re-
quired to be maintained pur-
suant to this ordinance, the
wastewater discharge permit
or an order or who falsifies,
tampers with or knowingly
renders inaccurate any moni-
toring device or method re-
quired under this ordinance
shall, upon conviction, be
punished by a fine per viola-
tion.
(d) The purpose of criminal
prosecution is to punish non-
compliance through court
proceedings and to deter fu-
ture noncompliance. The city
will enforce compliance with
all ordinances in municipal
court and will seek the assis-
tance of the district attorney
and/or the U.S. Attorney's of-
fice to enforce state statutes
and federal laws.
A complete copy of the ordi-
nance is available by
emailing city-clerk@wichitafa
llstx.gov, or visiting www.wic
hitafallstx.gov.