Ord 156-93 12/21/1993 ORDINANCE NO. G(0-6/
AN ORDINANCE REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SANITARY SEWERAGE
SYSTEM AND THE STORM DRAINAGE SYSTEM OF THE CITY OF WICHITA FALLS, AMENDING ORDINANCE
NO.71-83,WHICH IS CODIFIED AS CHAPTER 32,ART.VI OF THE CODE OF ORDINANCES,CITY OF WICHITA
FALLS,TEXAS,IN ITS ENTIRETY; 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 SAVING CLAUSE; 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,TEXAS,THAT:
SECTION 1. Chapter 32,Article VI of the Code of Ordinances,City of Wichita Falls,Texas is hereby amended in its
entirety to read as follows:
ARTICLE VI.REGULATIONS FOR DISPOSAL OF INDUSTRIAL WASTE
SECTION 1. GENERAL PROVISIONS
1.1 Purpose and Policy
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 Code 1251 et. seq.) and the General Pretreatment
Regulations (40 CFR,Part 403).
The objectives of this ordinance are:
1) To 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) To 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) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
4) To provide for equitable distribution of the cost of the operation, maintenance and improvement of the
municipal wastewater system;
5) To protect the health and safety of wastewater treatment and wastewater collection personnel as well as the
general public;and
6)To enable the municipal wastewater system to comply with NPDES permit conditions,sludge use and disposal
requirements,and any other Federal or State laws.
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 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 herein.
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This ordinance shall apply to the City of Wichita Falls 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).
1.2 Administration
Except as otherwise provided herein, the Supervisor of the Water Pollution Division of the Wichita
Falls/VVichita County Public Health District under the authority and supervision of the City Manager shall administer,
implement,and enforce the provisions of the ordinance. Any powers granted to or duties imposed upon the Supervisor
of the Water Pollution Division of the Wichita Falls/ Wichita County Public Health District may be delegated by the
Supervisor of the Water Pollution Division of the Wichita Falls/Wichita County Public Health District to other City of
Wichita Falls personnel.
SECTION 2. ABBREVIATIONS
The following abbreviations,when used in this ordinance,shall have the designated meanings:
.BOD - Biochemical Oxygen Demand
.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
.mg/I - milligrams per liter
.NPDES - National Pollutant Discharge Elimination System
.0&M - Operation and maintenance
.POTW - Publicly Owned Treatment Works
.RCRA - Resource Conservation and Recovery Act
.SIC - Standard Industrial Classification
.SWDA - Solid Waste Disposal Act
.TRC - Technical Review Criteria
.TSS - Total Suspended Solids
.U.S.C. - United States Code
SECTION 3. DEFINITIONS
Unless a provision explicitly states otherwise,the following terms and phrases,as used in this ordinance,shall have the
meanings hereinafter designated:
Act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33
U.S.C.1251,et seq.
Administrator shall mean the Administrator of the United States Environmental Protection Agency.
Approval Authority shall mean the Director once the State of Texas has an NPDES permit program approved
pursuant to Section 402(b) of the Act. Until such time the Approval Authority for the City of Wichita Falls is the
Regional Administrator for Region 6 of the United States Environmental Protection Agency. Where appropriate the
term may also be used as a designation for other duly authorized officials, including authorized contractors, acting as
representatives of said Director or Regional Administrator.
Authorized Representative of the User.
1) If the user is a corporation,authorized representative shall mean:
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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 operation facilities employing
more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five
(25) million dollars (in second-quarter 1980 dollars), 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.
or or highest
official appointed
3) If the user is a Federal,State, or local governmental facility: a director gh pp
or designated to oversee the operation and performance of the activities of the government facility, or their
designee.
4) The individuals described in paragraphs 1 through 3, above, may designate another authorized
representative if the authorization is in writing,the authorization specifies the individual or position responsible
for the overall operation of the facility from which the discharge originates or having overall responsibility for
environmental matters for the company,and the written authorization is submitted to the City of Wichita Falls.
Biochemical Oxygen Demand means the quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedures for five (5) days at 20 degrees Celsius, usually expressed as a
concentration (e.g.mg/1).
Bypass. An intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
Categorical Pretreatment Standards.Any regulation containing pollutant discharge limits promulgated by EPA
in accordance with Sections 307(b)and(c) of the Act(33 U.S.C.Sec.1317)which apply to a specific category of users and
which appear in 40 CFR Chapter 1,Subchapter N,Parts 405-471.
City.The City of Wichita Falls,Texas,or any authorized person acting in its behalf.
Closed-Cup Flashpoint. A measure of the characteristic of the ignitability of a material using the test methods
specified in 40 CFR 261.21.
COD. The measure of the oxygen-consuming capacity of inorganic and organic matter present in the water or
wastewater expressed in milligrams per liter (mg/I) 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.
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, Part 403, Appendix
E(I).
Control Authority shall mean the Supervisor of the Water Pollution Department of the Wichita Falls/Wichita
County Public Health District (or another official designated by the City Manager) or his duly authorized deputy,agent
or representative.
Control Manhole shall mean 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 shall mean 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.
Cooling Water.The water discharged from any use such as air conditioning,cooling,or refrigeration or to which
the only pollutant added to the water is heat.
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Director.The chief administrative officer of a State or Interstate water pollution control agency with an NPDES
permit program approved pursuant to Section 402(b) of the Act and an approved State pretreatment program.
Domestic Sewage shall mean water-borne wastes normally discharged from the sanitary conveniences of
dwellings (including apartments,houses and hotels),office buildings,factories and institutions,free from storm,surface
water and industrial wastes.
EPA. 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. Any source of discharge, the construction or operation of which commenced prior to the
publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the
standard is thereafter promulgated in accordance with Section 307 of the Act.
Fats. 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. This term 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. A sample which is taken from a wastestream without regard to the flow in the wastestream and
over a period of time not to exceed fifteen (15) minutes,as per the procedure described in 40 CFR Part 403, Appendix
E(II).
Grease. Fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils and certain other non-fatty
material commonly found in wastewater.
Hazardous Substance. Any substance designated pursuant to 40 CFR Part 302.
Hazardous Waste shall have the meaning provided in 40 CFR 261.3.
Indirect Discharge or Discharge means the introduction of pollutants into a POTW from any non-domestic
source regulated under Section 307(b), (c) or(d) of the Act.
Industrial User or User shall mean a source of indirect discharge or discharge. •
Industrial Waste shall mean 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.
Interceptor shall mean a device designed and installed to separate and retain deleterious, hazardous, or
undesirable matter from normal waste, and permit normal sewage or liquid wastes to discharge into the disposal system
by gravity.
Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources,
inhibits or disrupts the POTW, 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 of Wichita Falls NPDES 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 thereunder, 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.
Lower Explosive Limit (LEL) of a compound is 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.Is permissive or discretionary.
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Maximum Allowable Discharge Limit. 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.
Medical Wastes. Isolation wastes, infectious agents, human blood and blood products, pathological wastes,
sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Milligrams per liter (mg/I) means the same as parts per million and is a weight-to-volume ratio. The
milligram-per-liter value multiplied by the factor 834 shall be equivalent to pounds per million gallons of water.
National Pretreatment Standard. The term National Pretreatment Standard or Pretreatment Standard means
any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c)
of the Act,which applies to industrial users. This term includes prohibitive discharge limits established pursuant to
Part 403.5 of the Act.
New Source.
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;or
b. The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing course;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 Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production
equipment.
3) Construction of a new source as defined under this paragraph 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 paragraph.
No Measurable Trace shall mean a measurement of a parameter that is less than the detection limit of the
appropriate EPA approved analytic technique.
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•
Noncontact Cooling Water. Water used for cooling which does not come into contact with any raw material,
intermediate product,waste product or finished product. -
NPDES. 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.
Oils.Those fats that are liquid at ordinary temperatures.
Owner or Occupant. The person,firm,or public or private corporation,using the lot,parcel of land,building or
premises connected to discharging sewage, industrial wastewater of the City, and who pays, or is legally responsible for
the payment of water rates or charges made against the said lot,parcel of land,building or premises,if connected to the
water distribution system of the City of Wichita Falls,or who would pay or be legally responsible for such payment if so
connected.
Other Waste. Decayed wood, sawdust,shavings,bark,lime, refuse,ashes,garbage, offal, oil,tar, chemicals,and
all other substances except sewage and industrial wastes.
Pass Through means a discharge which exits the POTW 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 POTW s NPDES permit(including an increase in the magnitude or duration of a violation).
Person.Any individual, consortium, partnership, copartnership, 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.
Petroleum Oil. High-molecular-weight fractions, produced by thermal cracking (or pyrolysis) of paraffin
hydrocarbons, that are viscous and oily, typically used as lubricants in machinery. This term may include any
synthesized substance of a like nature.
0.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. This term 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. This term does not include
agricultural stormwater discharges and return flows from irrigated agriculture.
Pollutant. 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).
Pretreatment.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 POTW. 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 or Standards shall mean prohibited discharge standards, categorical pretreatment
standards, and local limits, whether Federal, State, or local, and where more than one standard for a particular
pollutant exists,the most stringent.
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Publicly Owned Treatment Works, or Wastewater System shall 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 POTW. 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.
Prohibited Discharge Standards or Prohibited Discharges. Absolution prohibitions against the discharge of
certain substances;these prohibitions appear in Section 4.1 of this ordinance.
Removal means a reduction in the amount of a pollutant or alteration of the nature of a pollutant during
reduction or alteration may be obtained by physical, chemical or biological means and
pretreatment or treatment. The reduc y Y P
operation of the pretreatment or
or may be incidental to the o p
capabilities P
may be the result of specifically designed Y
Y Pre Y � P
treatment system. Removal shall not mean dilution of a pollutant.
Reportable Slug Load.Either of the following:
A. Any release into the POTW over a 24 hour period which meets any of the following criteria:
1) 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).
2) 10 lbs.or more of heavy metals (including arsenic,cadmium,chromium,copper,lead,mercury,
nickel,silver,and zinc) or cyanide in solution.
3) 1 gallon or more of any toxic substance listed in the ordinance.
4) All flammable liquids in quantities of more than 1 gal.
5) Any other liquid material determined to have adverse effects on the POTW including, but not
limited to alkalies or alkaline substances, oils, foam generating wastes, highly colored wastes,
pesticides and solvents not listed previously.
B. Any discharge of water or wastewater with a concentration of any given constituent or a quantity of flow
for any period longer than fifteen (15) minutes, more than five times the average twenty-four (24) hour
concentration or flow of normal operations of the user shall also be considered a slugload.
Sanitary Sewer shall mean a public sewer that conveys domestic wastewater or industrial wastewater or a
combination of both, and into which stormwater, surface water, groundwater, and other unpolluted wastes are not
intentionally passed.
Sewage.Domestic or industrial waste carried in the drains and pipes of the sanitary sewer.
Shall is mandatory.
Standard Industrial Classification Code. The uniform method for collecting and presenting business data
devised by the U. S. Office of Management and Budget. Each business is given an 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.
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Significant Industrial User.
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 twenty-five thousand (25,000) gpd or more of process wastewater to
the POTW(excluding sanitary,noncontact cooling,and boiler blowdown wastewater);
b. Contributes a process wastestream which makes up five (5) percent or more of the average
dry weather hydraulic or organic capacity of the POTW treatment plant;or
c. Is designated as such by the City of Wichita Falls on the basis that it has a reasonable
potential for adversely affecting the POTW's 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) has no reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,the City of
Wichita Falls 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.
Significant Violator. Any user committing a violation meeting one or more of the criteria of 40 CFR
408(f)(2)(vii).
Slug.Slug Discharge, or Slug Load.Any discharge of a non-routine,episodic nature,including, but not limited
to,an accidental spill or non-customary batch discharge. Certain slug loads are reportable slug loads.
Storm Water.Any flow occurring during or following any form of natural precipitation,and resulting from such
precipitation,including snow melt. This term also includes other types of surface runoff and drainage such as,but not
limited to,lawn watering,vehicle washing,pavement and sidewalk wash off,drainage from swimming pools,water beds,
and hot water heaters,and structure cleaning.
Suspended Solids or Total Suspended Solids. 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"Non-filterable Residue"in 40 CFR 136.3.
Toxic Pollutants.Any pollutant designated as toxic pursuant to Section 307(a)(1) of the Act and listed in 40 CFR
401.15.
Total Toxic Organics (TTO) shall mean 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).
Upset. An exceptional incident in which a discharge unintentionally and temporarily is in a state of
noncompliance with the standards set forth in this ordinance and other applicable Federal, State,and local laws due to
factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by
operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper
operation thereof.
Wastewater. 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. Stormwater,surface water,and groundwater infiltration may be included in the wastewater that enters a
POTW.
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Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to
provide treatment of municipal sewage and industrial waste.
SECTION 4. GENERAL SEWER USE REQUIREMENTS
4.1 Prohibited Discharge Standards
A. General Prohibitions.No user shall introduce or cause to be introduced into the POTW any pollutant
or wastewater which causes pass through or interference. These general prohibitions and the specific
prohibitions in paragraph (B) of this section apply to all users of the POTW whether or not they are
subject to categorical pretreatment standards or any other National, State, or local pretreatment
standards or requirements.
B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following
pollutants,substances,or wastewater:
1) Pollutants which create a fire or explosive hazard in the POTW,including,but not limited to,
wastestreams with a closed-cup flashpoint of less than 140 degrees F(60 degrees C)using the
test methods specified in 40 CFR 261.21;
2) Wastewater having a pH less than 5.0 or more than 12, or otherwise causing corrosive
structural damage to the POTW or equipment;
3) Solid or viscous substances in amount which will cause obstruction of the flow in the POTW
resulting in interference, but in no case solids greater than two inches (2") or five
centimeters (5 cm) 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 POTW;
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 F(40 degrees C);
6) Petroleum oil, nonbiodegradable 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 POTW 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 5.4 of this ordinance;
9) FOG in concentrations greater than 500 mg/I,or which violate any other provision of Section
4.
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 POTW.
4.2 National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter I,Subchapter N,Parts 405-471 are
hereby 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.
A. Where a categorical pretreatment standard is expressed only in terms of either the mass or
the concentration of a pollutant in wastewater,the Control Authority may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
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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 EPA 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.
4.3 State Pretreatment Standards
State requirements and limitations on discharges to the POTW 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 or any other applicable ordinance.
4.4 Local Limits
The City of Wichita Falls has two Publicly Owned Treatment Works: POTW #1,hereafter known as
the Northside Treatment Plant, located at 5645 Burkburnett Road, Wichita Falls, Texas and POTW #2,
hereafter known as the River Road Treatment Plant, located at 1005 River Road, Wichita Falls, Texas. As
these two treatment works have different capacities, flow characteristics, and receiving waters, the City of
Wichita Falls has developed maximum allowable discharge limits for industrial users for each treatment works.
Each industrial discharger will be required to adhere to those limits established at the treatment works
receiving their wastewater discharge. The following local limits are established to protect against pass through
and interference,and to protect sludge quality. Except as provided below,no person shall discharge wastewater
in excess of the following maximum allowable discharge limits:
RIVER ROAD NORTHSIDE
TREATMENT PLANT TREATMENT PLANT
POLLUTANT
41¢ L
Antimony 0.10 0.02
Arsenic 0.29 0.13
Beryllium 0.12 0.03
Cadmium 0.14 0.24
Chromium 5.25 7.03
Copper 5.49 0.92
Cyanide 0.84 0.31
Lead 1.01 0.71
Mercury 0.0033 0.0141
Molybdenum 0.06 1.33
Nickel 1.93 0.41
Phenols 18.76 3.47
Selenium 0.29 0.25
Silver 0.08 0.07
Zinc 10.64 1.97
Discharge of wastewater containing BOD, and/or TSS in concentrations greater than 300
mg/1 and FOG in concentrations greater than 100 mg/1 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 FOG at the POTW.
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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.
The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metals,
cyanide,and phenols are for"total". The Control Authority may impose mass limitations in addition to, or in place of,
the concentration-based limitations above.
4.5 City of Wichita Falls Right of Revision
The City of Wichita Falls reserves the right to establish, by ordinance or in wastewater discharge permits,more
stringent standards or requirements on discharges to the POTW.
4.6 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.
SECTION 5. PRETREATME NT O F WASTEWATER
5.1 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
Section 4 within the time limitations specified by the EPA, 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 the provisions of this ordinance.
5.2 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 POTW and determine the user's
compliance with the requirements of this ordinance.
B. The Control Authority may require any person discharging into the POTW to install and maintain, on
their property and at their expense,a suitable storage and flow-control facility to ensure equalization of
flow. A wastewate r discharge permit may be issued solely for flow equalization.ualization.
C. Grease,oil,and sand interceptors 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; except that such interceptors shall not be required for residential users. All interception units
shall be of type and capacity approved by the Control Authority and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired
regularly,as needed,by the user at their expense.
D. Users with the potential to discharge flammable substances may be required to install and maintain an
approved combustible gas detection meter.
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E. The Control Authority may require any user to install or have installed at the user's expense a control
manhole, of 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 or devices
with eyebolts, locks, lights, signs, or any other device or devices to ensure the security and safety of -
Control Authority personnel and sampling equipment.
53 Accidental Discharge/Slug Control Plans
At least once every two (2) years,the Control Authority shall evaluate whether each significant industrial user
needs a plan to control slug discharges. The Control Authority may require any user to develop, submit for approval,
and implement such a plan. Alternatively, the Control Authority may develop such a plan for any user. An accidental
discharge plan shall address,at a minimum,the following:
A. Description of discharge practices,including non-routine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Control Authority and the appropriate wastewater treatment
plant of any accidental or slug discharge,as required by Section 8.6 of this ordinance;and
D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include,
but are not limited to,inspection and maintenance of storage areas,handling and transfer of materials,
loading and unloading operations,control of plant site runoff,worker training,building of containment
structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
5.4 Hauled Wastewater.
The following requirements are in addition to the Wichita Falls, Texas Code of Ordinances Article V, Sewage
Disposal Systems,Division 1.,Sections 32-86,32-87,and 32-88.
A. Septic tank waste shall only be introduced into the POTW at locations designated by the POTW and at
such times as are established by the POTW. Such waste shall not violate Section 4 of this ordinance or
any other requirements established by the City. The Control Authority may require septic tank waste
haulers to obtain wastewater discharge permits.
B. 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.
C. Industrial wastewater haulers shall discharge loads only at locations designated by the POTW. No load
may be discharged without prior consent of the POTW. The POTW or the Control Authority may
collect samples of each hauled load to ensure compliance with applicable standards. The POTW or the
Control Authority may require the industrial wastewater hauler to provide a waste analysis of any load
prior to discharge.
D. Industrial wastewater hauler must provide a trip ticket for every load. The trip ticket, including the
procedures for its use,is the same as described and provided for in Section 32-88 (d) in Article V of the
City of Wichita Falls Code of Ordinances.
5.5 Provisions for Fraud and False Statements
The reports and other documents required to be submitted or maintained under this ordinance shall be subject to:
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A. The provisions of 18 U.S.C.Section 1001 relating to fraud and false statements;
B. The provisions of Sections 309(c)(4) of the Act, as amended, governing false statements,
representations,or certifications;and
C. The provisions of Section 309(c)(6) regarding responsible corporate officers.
SECTION 6. WASTEWATER DISCHARGE PERMIT REQUIREMENT
6.1 Deny/Condition New or Increase Contributions
The Control Authority may deny or condition new or increased contributions of pollutants, or changes in the
nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment
standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.
6.2 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 uses to update this information.
63 Wastewater Discharge Permit Requirement
A. No significant industrial user shall discharge wastewater into the POTW 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 6.4 or 6.5 of this ordinance 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 6,
and Sections 13 through 15 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.
6.4 Wastewater Discharge Permitting. Existing Connections
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW
prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, by within
thirty (30) days after said date, apply to the Control Authority for a wastewater discharge permit in accordance with
Section 6.7 of this ordinance,and shall not cause or allow discharges to the POTW to continue after sixty(60) days of the
effective date of this ordinance 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 this ordinance.
6.5 Wastewater Discharge Permitting: New Connections
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging
into the POTW 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 6.7 of this ordinance,must be filed at least sixty (60) days
prior to the date upon which any discharge will begin or recommence.
6.6 Wastewater Discharge Permit-Extrajurisdictional Industrial Users
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This ordinance shall apply to all persons outside the City who are,by contract or agreement with the City,users
of the City's POTW,and thus such users may be required to obtain a wastewater discharge permit in accordance with all
applicable provisions of this section.
6.7 Wastewater Discharge Permit Application Contents
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:
A. All information required by Section 8.1(B) of this ordinance.
B. 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 POTW;
C. Number and type of employees,hours of operation,and proposed or actual hours of operation;
D. Each product produced by type,amount,process or processes,and rate of production;
E. Type and amount of raw materials processed (average and maximum per day);
F. 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;
G. Time and duration of discharges;and
H. Any other information as may deemed necessary by the Control Authority to evaluate the wastewater
discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
6.8 Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by an authorized representative
of the user and 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 assure 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."
6.9 Wastewater Discharge Permit Decisions
The Control Authority will evaluate the data furnished by the user and may require additional information.
Within thirty (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.
SECTION 7. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
7.1 Wastewater Discharge Permit Duration
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A wastewater discharge permit shall be issued for a specified time period of one year from the effective
date of the permit, with the exception that at the discretion of the Control Authority a wastewater discharge
permit may be issued for a period of less than one year or up to five years. Each wastewater discharge permit
will indicate a specific date upon which it will expire.
7.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by
the Control Authority to prevent pass through or interference, protect the quality of the water body receiving
the treatment plant's effluent, protect worker health and safety,facilitate sludge management and disposal, and
protect against damage to the POTW.
A. Wastewater Discharge Permits must contain:
1) A statement that indicates wastewater discharge permit duration, which in no event
shall exceed five years.
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 7.5 of this ordinance, and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge permit, all the
previous 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 based on applicable general pretreatment standards in 40 CFR Part
403,categorical pretreatment standards,local limits,and State and local law;
4) Self-monitoring, sampling, reporting, notification and recordkeeping requirements,
including an identification of the pollutants to be monitored, sampling location,
sampling frequency, and sample type, based on the applicable general pretreatment
standards in 40 CFR Part 403, categorical pretreatment standards, local limits, and
State and local law;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.
B. Wastewater discharge permits may 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 to reduce the amount
of pollutants discharged to the POTW;
5) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the POTW;
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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) Other conditions as deemed appropriate by the Control Authority to ensure compliance with
this ordinance,and State and Federal laws,rules,and regulations.
7.3 Wastewater Discharge Permit Appeals
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
ninety(90) days of notice of its issuance.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative
appeal.
B. 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.
C. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
D. If the Control Authority fails to act within thirty (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.
7.4 Wastewater Discharge Permit Modification
The Control Authority may modify a wastewater discharge permit for good cause, including, but not limited to,
the following reasons:
A. To incorporate any new or revised Federal,State,or local pretreatment standards or requirements;
B. To address significant alterations or additions to the user's operation,processes,or wastewater volume
or character since the time of wastewater discharge permit issuance;
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C. A change in the POTW that requires either a temporary or pe rmanent reduction or elimination of the
authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the City's POTW,City personnel,
or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit
application or in any required reporting;
G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
or
H. To correct typographical or other errors in the wastewater discharge permit.
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7.5 Wastewater Discharge Permit Transfer
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.
7.6 Wastewater Discharge Permit Revocation
The Control Authority may revoke a wastewater discharge permit for good cause, including, but not limited to,
the following reasons:
A. Failure to notify the Control Authority of significant changes to the wastewater prior to the changed
discharge;
B. Failure to provide prior notification to the Control Authority of changed conditions pursuant to Section
8.5 of this ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit
application;
D. Falsifying self monitoring reports;
�
E. Tampering with monitoring equipment;
F. Refusing to allow the Control Authority and/or Approval Authority timely access to the facility
premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges or surcharges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application;
L. Failure to provide advance notice of the transfer of business ownership of a permitted facility;or
M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge
permit or this ordinance.
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.
7.7 Wastewater Discharge Permit 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 6.7 of this ordinance, a minimum of fifteen (15)
days prior to the expiration of the user's existing wastewater discharge permit.
7.8 Regulation of Waste Received from Other Jurisdictions
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A. If another municipality, or user located within another municipality, contributes wastewater to the
POTW, the Control Authority shall enter into an intermunicipal agreement with the contributing .
municipality.
B. Prior to entering into an agreement required by paragraph A,above,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 POTW by the
contributing municipality;
2) An inventory of all users located within the contributing municipality that are discharging to
the POTW;and
3) Such other information as the Control Authority may deem necessary.
C. An intermunicipal agreement, as required by paragraph A, above, shall contain the following
conditions:
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 4.4 of this ordinance. 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 POTW;
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.
SECTION 8. REPORTING REQUIREMENTS
8.1 Baseline Monitoring Reports
A. Within either one hundred eighty days (180) after the effective date of a categorical pretreatment
standard, or one hundred eighty days (180) after the final administrative decision on a category
determination under 40CFR 403.6(a)(4), whichever is later, existing industrial users subject to such
18
categorical pretreatment standards and currently discharging to or scheduled to discharge to the
POTW shall submit to the Control Authority a report which contains the information listed in
paragraph B, below. Where reports containing this information already have been submitted to the
Control Authority in compliance with the requirements of 40 CFR 128.140(b) (1977),the industrial user
will not be required to submit this information again. At least ninety(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 paragraph B,below. 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
paragraph B,parts (4)and (5),below.
B. Users described above shall submit the information set forth below:
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(s) carried out by the user. This description
should include a schematic process diagram which indicates points of discharge to the POTW
from the regulated processes.
4) Flow Measurement. Information showing the measured daily and maximum daily flow, in
gallons per day,to the POTW 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 Paragraph B (5)(e) 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 results of sampling and analysis identifying the nature and concentration (and/or
mass,where required by the standard or the Control Authority) of regulated pollutants
in the discharge from each regulated process. Both daily maximum and average
concentration (and/or mass,where required) shall be reported. The sample shall be
representative of daily operation and shall be analyzed in accordance with procedures
set out in Section 8.11 of this ordinance.
c) The user shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this paragraph.
d) Sampling must be performed in accordance with procedures set out in Section 8.11 of
this ordinance.
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.
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fj 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 POTW.
6) Certification. A statement, reviewed by an authorized representative of the industrial user and
certified to by a qualified professional, indicating whether pretreatment standards are being
met on a consistent basis,and,if not,whether additional operation and maintenance (0 and 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 0 and M will be required to meet the
pretreatment standards, the shortest schedule by which the industrial user will provide such
additional treatment and/or 0 and 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 8.2 of this
ordinance
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 Paragraph B of this section, the
information required by paragraphs 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 Paragraph B of this section,any necessary amendments to the information required
by Paragraphs B (6) and (7) of this section shall be submitted by the user to the
Control Authority within sixty(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 6.8 of this ordinance.
8.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section 8.1(B)(7) of this ordinance:
A. 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 contract for major components, commencing construction, completing construction,
pretreatment system start up,first discharge,and beginning and conducting routine operation.)
B. No increment referred to in paragraph A,above,shall exceed nine(9) months.
C. Not later than fourteen (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 it complied with the increment of progress to be met on such date and,if not,the date on
which it 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.
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t' • .
D. In no event shall more than nine (9) months elapse between such progress reports to the Control
Authority.
8.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment
standards, or, in the case of a new source, following commencement of the introduction of wastewater into the POTW,
any industrial user subject to such pretreatment standards and requirements shall submit to the Control Authority a
report containing the information described in Section 8.1(b)(4-6) of this ordinance. For industrial users subject to
mass or concentration limits established by the Control Authority in accordance with the procedures in 40 CFR 403.6(c),
this report shall contain a reasonable measure of the user's long term production rate. 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 6.8 of this ordinance.
8.4 Periodic Compliance Reports-Categorical Industrial Users
A. Any industrial user subject to a categorical standard, after the compliance date of such pretreatment
standard, or, on the case of a new source, after commencement of the discharge into the POTW, 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 or the EPA,a report indicating the
nature and concentration of pollutants in the effluent which are limited by such categorical
pretreatment standards. 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 8.1
(B)(4) of this ordinance 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
the above reports are to be submitted. All compliance reports must be signed and certified in
accordance with Section 6.8 of this ordinance.
B. Where the Control Authority has imposed mass limitations on industrial users as provided for by
Section 4.6 of this ordinance, the report required by paragraph A, above, shall indicate the mass of
pollutants regulated by pretreatment standards in the discharge from the industrial user.
C. For industrial users subject to equivalent mass or concentration limits established by the Control
Authority in accordance with the procedures in 40 CFR 403.6(c), the report required by paragraph A,
above, shall contain a reasonable measure of the user's long term production rate. For all other
industrial users subject to categorical pretreatment standards expressed only in terms of allowable
pollutant discharge per unit of production (or other measure of operation), the report required by
paragraph A,above,shall include the user's actual average production rate for the reporting period.
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.
E. If a user subject to the reporting requirement in this section monitors any pollutant more frequently
than required by the Control Authority, using the procedures prescribed in Section 8.11 of this
ordinance,the results of this monitoring shall be included in this report.
F. The reports required in this Section 8.4 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 assure compliance by industrial users with applicable
pretreatment standards and requirements.
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G. All periodic compliance reports must be signed and certified in accordance with Section 6.8 of this
ordinance.
8.5 Periodic Compliance Reports-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. 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 8.11 of this
ordinance. All periodic compliance reports must be signed and certified in accordance with Section 6.8 of this ordinance.
8.6 Reports of Changed Conditions
Each user must promptly notify the Control Authority 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 thirty(30) days before the change.
A. 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 6.9 this ordinance.
B. The Control Authority may issue a wastewater discharge permit under Section 6.9 of this ordinance or
modify an existing wastewater discharge permit under Section 7.4 of this ordinance in response to
changed conditions or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of
twenty percent (20%) or greater,the discharge of previously unreported pollution,or the addition of any
process subject to categorical pretreatment standards.
8.7 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a
nonroutine, episodic nature, a noncustomary batch discharge, or any slug load, that may cause
potential problems for the POTW, or in the case of a reportable slug load, the user shall immediately
telephone and notify the Control Authority and the appropriate POTW 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. Within five (5) days following such discharge, the user shall, unless waived by the Control Authority,
submit a detailed written report describing the cause(s) 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 POTW,
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 ordinance.
C. All significant industrial users shall permanently post a notice on the user's bulletin board or other
prominent place advising employees and contractors whom to call in the event of a discharge described
in paragraph A,above. Employers shall ensure that all employees and contractors,who may cause such
discharge to occur,are advised of the emergency notification.
8.8 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 their 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.
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, . .
8.9 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 twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the Control Authority within thirty(30) days after becoming aware of the
violation,except the industrial user is not required to resample if:
A. The Control Authority performs sampling at the industrial user at a frequency of at least once a month;
or
B. The Control Authority performs sampling at the user between the time when the user performs its
initial sampling and the time when the user receives the results of this sampling.
8.10 Discharge of Hazardous Waste
All users are prohibited from discharging hazardous waste.
8.11 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 Part
136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the Administrator determines that the 40 CFR Part
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 POTW or other parties,approved by the
Administrator.
B. A minimum of four (4) 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 (4) grab samples where the user
demonstrates that this will provide a representative sample of the effluent being discharged.
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.,EPA 335.1,3500-Zn-A,etc.) The method must be a
technique for wastewater analysis as prescribed in 40 CFR Part 136.
d) The detection limit for each parameter measurement.
e) The name, initials, or other such unambiguous identification of the analyzing
technician(s).
f) The date each analysis was performed.
g) The signature of the laboratory director,or equivalent position.
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h) Quality control data (e.g.,spikes,etc.).
i) The results of the analyses.
2) A copy of the chain of custody record(s) 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) In the case of a grab sample,the date and time the sample was taken.
d) In the case of 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(s) 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(s), 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.
8.12 Timing
Written reports 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.
8.13 Record Keeping
A. Any industrial user subject to the reporting requirements of this ordinance,shall retain and maintain
records of all information resulting from monitoring activities required by this ordinance and 40 CFR
403.12. Such records shall include the following activities:
1) The date, exact place, method, and time of sampling and the names of the person or persons
taking the samples;
2) The dates analyses were performed;
3) Who performed the analyses;
4) The analytical techniques/methods used;and
5) The results of such analyses.
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B. Users subject to the reporting requirements established by this ordinance or 40 CFR 403.12 shall be
required to retain for a minimum of three (3) years any records of monitoring activities and results
(whether or not such monitoring activities are required by this ordinance or 40 CFR 403) and shall
make such records available for inspection and copying by the Director,the Regional Administrator,the
Approval Authority, and/or the Control Authority. This period of retention shall be automatically
extended during the course of any unresolved litigation regarding the industrial user, the Control
Authority, and/or the POTW, or when requested by the Director, the Regional Administrator, the
Approval Authortiy,and/or the Control Authority.
C. The provisions of paragraphs A and B,above,shall also apply to the Control Authority.
SECTION 9. COMPLIANCE MONITORING
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
provision shall not preclude the Control Authority from sampling and/or inspecting significant industrial users more
frequently,or from sampling or inspecting any non-significant industrial user or any other user.
9.1 Right of Entry:Inspection and Sampling
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 hereunder. Users 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,non-categorical, significant,or non-significant industrial
user.
A. 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.
B. 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.
C. 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 its
own expense. All devices used to measure wastewater flow and quality shall be calibrated at appropriate
intervals to ensure their accuracy.
D. 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.
E. 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.
F. 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.
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9.2 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 hereunder, or to protect the overall
public health,safety and nd welfare of the community,then the Control Authority may seek issuance of a search warrant.
SECTION 10. CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys,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 part 2302,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,in the case of
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 part 2 (Public
Information), but shall be made available immediately upon request to governmental agencies for uses related to the
NPDES program or pretreatment program, and in enforcement proceedings involving the person providing the report,
P g P P
unless so prohibited by 40 CFR part 2 (Public Information) Wastewater constituents and characteristics and other
"effluent data" as defined by 40 CFR 2302 will not be recognized as confidential information and will be available to the
public without restriction.
SECTION 11. PUBLIC PARTICIPATION IN ENFORCEMENT
The Control Authority shall comply with the public participation requirements of 40 CFR Part 25 in the
enforcement of national pretreatment standards. As a provision of such, the Control Authority shall make at least
annual public notification,in the largest daily newspaper published in the municipality in which the POTW is located, of
users which, at any time in the previous twelve (12) months, were in significant noncompliance with applicable
pretreatment standards and requirements. For the purpose of this provision,a user is in significant noncompliance if
its violation(s) meets one or more of the following criteria:
A. Chronic violations of wastewater discharge limits,defined here as those in which sixty-six percent(66%)
or more of all the measurements taken from a particular control point during a six- (6-) month period
exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant
parameter;
B. Technical Review Criteria(TRC)violations,defined here as those in which thirty-three percent(33%) or
more of all the measurements taken from a particular control point during a six-(6-)month period equal
or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC
(TRC=1.4 for BOD,TSS,FOG,and 1.2 for all other pollutants except pH.)
C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the
Control Authority determines or believes has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of POTW, Control Authority, or other
City personnel or the general public);
D. Any discharge of a pollutant or pollutants that has caused imminent endangerment to human health,
welfare or to the environment, or has resulted in the either the POTW's or the Control Authority's
exercise of its emergency authority under, but not limited to, 40 CFR 403.8 (0(1)(vi)(B) to halt or
prevent such a discharge;
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E. Failure to meet, within ninety (90) days after the schedule 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;
F. Failure to provide, within thirty (30) days after the due date, required reports such as baseline
monitoring reports, ninety-day (90-day) compliance reports, periodic self-monitoring reports, and
reports on compliance schedules;
G. Failure to accurately report noncompliance;or
H. Any other violation or group of violations which the Control Authority determines will adversely affect
the operation or implementation of the local pretreatment program.
SECTION 12. ADMINISTRATIVE ENFORCEMENT REMEDIES
The Control Authority may issue orders without notice or opportunity for prior hearing, requiring compliance
with standards developed under the authority of the Act as under 40 CFR 403.8(f)(1)(iii).
12.1 Notification of Violation
When the Control Authority finds that a user has violated, or continues to violate, any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or
requirement,the Control Authority may serve upon that user a written notice of violation. Within fourteen 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 section shall limit the authority of the Control Authority to take any action,including emergency action,
without first issuing a notice of violation.
12.2 Consent Orders
The Control Authority is hereby empowered to enter into consent orders,assurances of voluntary compliance,or
other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will
include specific action to be taken by the user to correct the noncompliance within a time period also specified by the
document. Such documents shall have the same force and effect as the administrative orders issued pursuant to
Sections 12.4 and 12.5 of this ordinance and shall be judicially enforceable.
12.3 Show Cause Hearing
The Control Authority may order a user which has violated, or continues to violate, any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, 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 (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A
show cause hearing shall not be a bar against,or prerequisite for, taking any other action against the user. Whether or
not a duly notified user appears as noticed,immediate enforcement action may be pursued.
12.4 Compliance Orders
When the Control Authority finds that a user has violated, or continues to violate, any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, 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
27
•
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.
12.5 Cease and Desist Orders
When the Control Authority finds that a user has violated, or continues to violate, any provision of this ordinance, a
wastewater discharge permit or order issued hereunder,or any other pretreatment standard or requirement,or that the
user's past violations are likely to recur,the Control Authority may issue an order to the user directing it to cease and
desist all such violations and directing the user to:
A. Immediately comply with all requirements;and
B. Take such appropriate remedial or preventative action as may be needed to properly address a
continuing or threatened violation,including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against,or a prerequisite for,taking any other action against the
user.
12.6 Administrative Fines
A. When the Control Authority finds that a user has violated or continues to violate,any provision of this
ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Control Authority may fine such a user in an amount not to exceed
$2000.00. Such fines shall be assessed on a per violation,per day basis. In the case of 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 other such collection remedies as he has to collect other service charges.
B. Unpaid charges, fines,and penalties shall,after fourteen (14) calendar days,be assessed an additional
penalty of ten percent (10%) of the unpaid balance,and interest shall accrue thereafter at a rate of one
percent(1%) per month for every month unpaid up to a maximum of ten percent (10%) per month.
C. Users desiring to dispute such fines must file a written request for the Control Authority to reconsider
the fine along with full payment of the fine amount within ten (10) days of being notified of the fine.
Where the Control Authority believes a request has merit,the Control Authority may convene a hearing
on the matter within fifteen (15) days of receiving a request from the user. In the event 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.
12.7 Emergency Suspensions
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 POTW, or which presents, or may present, an endangerment to the
environment.
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A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution.
• In the event of a user's failure 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 POTW,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 10.8 of this ordinance are initiated against the user.
B. 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 Sections 123 or 12.8 of this ordinance.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
12.8 Termination of Discharge
In addition to the provisions in Section 7.6 of this ordinance, any user who violates the following conditions is
subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of inspection,monitoring,sampling
or industry categorization verification;
E. Violation of the pretreatment standards in Section 4 of this ordinance;or
F. Violation of any applicable State or Federal law.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause
under Section 123 of this ordinance 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.
12.9 Liquidated Damages
A. Each industrial use permit issued to an industrial user,and as a condition of issuing such permit,shall
contain the following provisions:
"In the event that the Control Authority determines that any user is in violation of any provisions of Chapter 32,
Article A 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 ten (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 one thousand
dollars ($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;
29
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.
SECTION 13. JUDICIAL ENFORCEMENT REMEDIES
If any person discharges sewage,industrial wastes,or other wastes into the wastewater disposal system contrary
to the provisions of this ordinance or any order or permit issued hereunder, 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 of
Wichita Falls.
13.1 Injunctive Relief
When the Control Authority finds that a user has violated, or continues to violate, any provision of this
ordinance, a wastewater discharge permit, or order issued hereunder, 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.
13.2 Civil Penalties
A. A user who has violated,or continues to violate,any provision of this ordinance,a wastewater discharge
permit,or order issued hereunder,or any other pretreatment standard or requirement shall be liable to
the City for a maximum civil penalty of$1000.00 per violation per day plus actual damages incurred by
the POTW. In the case of 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 pf 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.
133 Criminal Prosecution
The City shall enact all criminal authorities authorized under State law.
A. Any user that willfully or negligently violates any provision of this article, any orders or wastewater
discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be
guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000.00) per
violation,per day.
B. 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
30
•
•
this article,wastewater discharge permit or order, or who falsifies,tampers with or knowingly renders
inaccurate any monitoring device or method required under this article shall, upon conviction, be
punished by a fine of not more than two thousand dollars ($2,000.00) per violation,per day.
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 U.S.Attorney's Office to enforce state statutes and federal laws.
13.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The Control Authority may take any,all, or any
n violations will generally be in
of pretreatment combination of these actions against a noncompliant user. Enforcement o p g Y
accordance with the City's enforcement response plan. However, the Control Authority may take other action against
acco ty P
any user when the circumstances warrant. Further, the Control Authority is empowered to take more than one
enforcement action against any noncompliant user.
SECTION 14. SUPPLEMENTAL ENFORCEMENT ACTION
14.1 Water Supply Severance
Whenever a user has violated or continues to violate any provision of this ordinance, a wastewater discharge
permit,or order issued hereunder,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.
14.2 Public Nuisances
A violation of any provision of this ordinance,a wastewater discharge permit, or order issued hereunder,or any
other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as
directed by the Control Authority. Any person(s) creating a public nuisance shall be subject to the provisions of the
Code of Ordinances of the City of Wichita Falls governing such nuisances,including reimbursing the City for any costs
incurred in removing,abating,or remedying said nuisance.
SECTION 15. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
15.1 Upset
A. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional
and temporary noncompliance with categorical pretreatment standards because of factors beyond the
reasonable control of the user. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of
preventative maintenance,or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical pretreatment standards if the requirements or paragraph (C),below,are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly
signed,contemporaneous operating logs,or other relevant evidence that:
1) An upset occurred and the user can identify the cause(s) of the upset;
2) The facility was at the time being operated in a prudent and workman-like manner and in
compliance with applicable operation and maintenance procedures;and
31
3) The user has submitted the following information to the Control Authority within twenty-four
(24) hours of becoming aware of the upset. (If this information is provided orally, a written .
submission must be provided within five (5) days):
•
a) A description of the indirect discharge and cause of noncompliance;
b) The period of noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue;and
c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the
noncompliance.
D. In any enforcement proceeding,the user seeking to establish the occurrence of an upset shall have the
burden of proof.
E. Users will have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with categorical pretreatment standards.
F. Users shall control production of all discharges to the extent necessary to maintain compliance with
categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided. This requirement applies in the
situation where, among other things, the primary source of power of the treatment facility is reduced,
lost,or fails.
15.2 Prohibited Discharge Standards
A user shall have an affirmat iv e d efense to an enforcement action brought against it for noncompliance liance with the
general prohibitions in Section 4.1(A) of this ordinance or the specific prohibitions in Sections 4.1(B)(3) through (7) and
(9) through (18) of this ordinance if it can prove that it did not know,or have reason to know,that its discharge,alone or
in conjunction with discharges from other sources,would cause pass through or interference and that either:
A. 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
B. 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 NPDES permit, and in the
case of interference,was in compliance with applicable sludge use or disposal requirements.
15.3 Bypass
A. For the purposes of this section,
1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
2) "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.
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 assure efficient operation. These bypasses
are not subject to the provision of paragraphs (C) and(D) of this section.
C. Notice of Bypass
32
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 (10) 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 a twenty-four (24) hours from the time it
becomes aware of the bypass. A written submission shall also be provided within five (5) 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,and, 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 twenty-four(24) hours.
D. Enforcement Action Curtailments
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 back-up equipment
should have been installed in the exercise of reasonable engineering judgement to
prevent a bypass which occurred during normal periods of equipment downtime or
preventative maintenance;and
c) The user submitted notices as required under paragraph (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 paragraph
(D)(1) of this section.
SECTION 16. WASTEWATER TREATMENT RATES
[RESERVED]
33
SECTION 17. MISCELLANEOUS PROVISIONS
17.1 Pretreatment Charges and Fees
The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's '
Pretreatment program which may include:
A. Fees for wastewater discharge permit applications including the cost of processing such applications;
B. 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;
C. Fees for reviewing and responding to accidental discharge procedures and construction;
D. Fees for filing appeals;
E. Surcharges for BOD and TSS above the value of 300 mg/I,and FOG above 100 mg/l.
F. Other fees as the City may deem necessary to carry out the requirements contained herein. 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.
17.2 Severability
If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions
shall not be effected and shall continue in full force and effect.
SECTION 2.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 3. This ordinance shall take effect immediately from and after passage and publication in accordance with the
P City provisions of the Charter of the Ci of Wichita Falls,Texas,and after approval by the Approval Authority,it is accordingly
so ordained.
SECTION 4. 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 • of
1993.
"PTO R
ATTEST:
I - $AALLJ
TY(,CLERK
34
Ad 549184
Affidavit of Publication
THE STATE OF TEXAS
ORDINANCE NO.156-93
AN ORDINANCE REGU- I COUNTY OF WICHITA
LATING THE DISCHARGE OF
INDUSTRIAL WASTE INTO J
(I THE SANITARY SYSTEM AND Jere)
THE STORM DRAINAGE SYS- January
TEM OF THE CITY OF On this 11th day of
WICHITA FALLS,AMENDING
ORDINANCE NO.71-83,WHICH !
IS CODIFIED AS CHAPTER 32,
ART.VI OF THE CODE OF OR- A D . .1 9 9 4 personally appeared before me, the undersigned authority
DINANCES,CITY OF WICHITA
FALLS, TEXAS, IN ITS EN-
TIRELY; bookkeeper
DEFINING TERMS; Karen Cobb
REGULATING DISCHARGES
OF CERTAIN SUBSTANCES
INTO THE WASTEWATER for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
STRENGTH;PROVIDING FOR
SEWAGE SURCHARGES; Times/Record News, a newspaper published at Wichita Falls in Wichita County,
PROVIDING-PERMITS-FOR
CERTAIN INDUSTRIAL DIS- Texas, and upon being duly sworn by me, on oath states that the attached
CHARGES; PROVIDING FOR
P.;&,k3An1T FEES; PROVIDING advertisement is a true and correct copy of advertising published
. �a 7 T111G, REQUIRE-'.
-PxE T , ,PRO IDING. FOR'', in 1 (one ) issues thereof on the following dates:
5., - N N17^DISCON-
'NEC14O: •'OF. ERVICE:AND
REVOCATION OF PERMIT; (�
PROVIDING FOR PENAL- ', j a n it a r" A 1 9 9 4
TIES; PROVIDING A SAVING
CLAUSE; REPLEALING ALL
ORDINANCES OR PARTS OF I
ORDINANCES IN CONFLICT f/ C�� a
HEREWITH; FINDING AND �/
DETERMINING THAT THE y. 45
MEETING AT WHICH THIS Bookkeeper for Times Publishing Company
ORDINANCE WdS PASSED
WAS OPEN TO "!'IIE PUBLIC of Wichita Falls
AS REQUIRED BY LAW;
PROVIDING FOR PUBLI-
CATION;AN PROVIDING FOR
'' AN EFFECTIVE DATE. E )J Subscribed and sworn to before me this the day and year first above written:
„A ORDINANCE NO.157-93is
s,;, ORDINANCE WAIVING AP- F
‘41,,.! PENDIX A, SUBDIVISION C -
a z1, SECTION 9(B)(2)(a)OF THE - C ..
S°' CODE OF ORDINANCES WITH �" 9 �`"�°
RESPECT TO PLACING CURB 5-17-M q _ _ _ .. _ .
���rr�ggq AND GUTTER ON THE WEST �,y,q,d#.
! SIDE OF TURTLE CREEK - -
• ROAD, ADJACENT TO THE
LEAST LINE OF LOTS 1 ',� ORDINANCE NO.160.93 -
III THROUGH 9,THORNTON AD- ORDINANCE WAIVING AP-
DITION j PENDIX A, SUBDIVISION
ORDINANCE NO.158-93 ■ SECTION 9(B)(2)(a)OF THE
AN ORDINANCE OF THE CITY I CODE OF ORDINANCES WITH
COUNCIL OF THE CITY OF RESPECT TO PLACING CURB
WICHITA FALLS, TEXAS, AND GUTTER ON THE WEST
AMENDING APPENDIX C, ' I SIDE OF CARTWRIGHT
SECTION 6210 OF THE CODE 1 ROAD, ADJACENT TO THE
OF ORDINANCES BY ADDING EAST LINE. OF LOT 15-A,
A PROVISION PROHIBITING BLOCK 2,RANCH ESTATES
PARKING OF VEHICLES ON ORDINANCE NO.161-93
UNPAVED SURFACES ORDINANCE WAIVING SEC-
WITHIN THE FRONT YARD TION 27-29 OF THE CODE OF
OF SINGLE-FAMILY RESI- ORDINANCES WITH RE-
DENTIAL AREAS AND ! SPECT TO PLACING A SIDE-
AMENDING SECTION 2030 TO WALK ALONG THE WEST
ADD A DEFENTION OF SIDE OF. TURTLE CREEK
1 FRONT YARD - RESIDEN- '' ROAD, ADJACENT TO THE
TIAL; FINDING AND DE- EAST LINE OF LOTS 1
TERMINING THAT THE THROUGH 9,THORNTON AD-
MEETING AT WHICH THIS ' DITION
ORDINANCE WAS PASSED ORDINANCE NO.162-93
WAS OPEN TO THE PUBLIC ORDINANCE WAIVING AP-
AS REQUIRED BY LAW. PENDIX A, SUBDIVISIONS
ORDINANCE No.159.93 SECTION 9(B)(2)(a)OF THE
AN ORDINANCE OF THE CITY CODE OF ORDINANCES WITH
COUNCIL OF THE CITY OF RESPECT TO PLACING CURB
WICHITA FALLS, TEXAS, AND GUTTER ON THE EAST
WAIVING THE REQUIRED SIDE OF FM 171, ADJACENT
STREET DEDICATION FOR TO THE WEST LINE OF LOT 1,
LOTS 2-A AND 2-B,BLOCK OF BLOCK 1, DEAN DALE AD-
THE BURLINGTON- DITION.
CALLFIELD INDUSTRIAL AD- ORDINANCE NO.163-93
DITION(A REPLAT OF LOT 2, ORDINANCE WAIVING SEC-
BLOCK 6); FINDING AND DE- TION 27-29 OF THE CODE OF
TERMINING THAT THE ORDINANCES WITH RE-
MEETING AT WHICH THIS i SPECT TO PLACING A SIDE-
RESOLUTION WAS PASSED WALK ALONG THE EAST
AND WAS OPEN-TO THE PUB. SIDE OF FM 171 ADJACENT
LIC AS REQUIRED BY LAW. TO THE WEST LINE OF LOT 1,
ORDINANCE NO.160-93 BLOCK 1, DEAN DALE AD-
ORDINANCE WAIVING AP- DITION
PENDIX A, SUBDIVISION
SECTION 9(B)(2)(a)OF THE
CODE OF ORDINANCES WITH
RESPECT TO PLACING CURB
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