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Ord 071-83 6/7/1983 L k. • ORDINANCE NO. // 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 SECTION 1 OF ORDINANCE NO. 2727, WHICH IS CODIFIED AS SECTION 32-121 OF THE CODE OF ORDINANCES; DE- FINING TERMS; REGULATING DISCHARGES OF CERTAIN SUBSTANCES INTO THE WASTEWATER TREATMENT SYSTEM; PROVIDING LIMITATIONS ON WASTEWATER STRENGTH; PROVIDING FOR ABNORMAL SEWAGE SURCHARGES; REQUIRING PER- MITS FOR INDUSTRIAL DISCHARGERS; PROVIDING FOR PERMIT FEES; PROVID- ING REPORTING REQUIREMENTS; PROVIDING FOR SUSPENSION AND DISCONNEC- TION OF SERVICE AND REVOCATION OF PERMIT; PROVIDING FOR PENALTIES; REPEALING SECTION 6 OF ORDINANCE NO. 2727, CODIFIED AS SECTION 32-124 OF THE CODE OF ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Section 1 of Ordinance No. 2727, which is codified as Section 32- 121 of the Code of Ordinances, is hereby amended to read as follows: SECTION 1: DEFINITIONS DEFINITIONS. When used in this Section, these terms shall be defined as follows: Act. The Clean Water Act (33 U.S.C. 1251 et seq) , as amended. Authority. The City of Wichita Falls, Texas. Abnormal Sewage. The term "Abnormal Sewage" shall mean any industrial waste having a suspended solids or B.O.D. content in excess of that found in normal sewage but which is otherwise acceptable into a public sewer under the terms of this code. B.O.D. Biochemical. Oxygen Demand means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 degrees Celsius, expressed in terms of weight and concentration (milligrams per liter) . Categorical Pretreatment Standards. National. Pretreatment Stan- dards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific Industrial Discharges. Cooling Water. The Water discharged from any use such as air conditioning, cooling or refrigeration during which the only pollutant added to the water is heat. Compatible Pollutant. Such pollutants as B.O.D. , suspended solids, pH, fecal coliform bacteria, and other such pollutants as are now or may be in the future specified and controlled in this City's NPDES permit for its waste water treatment works for which said works have been designed and used to remove such pollutants. Department. Means the Water Pollution Department. Discharger-Industrial Discharger. Any non-residential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water inter- cepting ditches, and all constructed devices and appliances appurtenant thereto. -1- a { 7 Director. By the term Director, it is meant the Director of the Health Department or his authorized deputy, agent or representative. Domestic Sewage. By the term Domestic Sewage, it is meant the waste water from sanitary conveniences of dwelling (including apartment houses and hotels) , office buildings, factories, or institutions. Indirect Discharge. The discharge or the introduction of non- domestic pollutants from a source into the POTW. Industrial Waste. Solid, liquid or gaseous waste resulting from any industrial , manufacturing, trade or business process or from the development, recovery or processing of natural resources. Interference. The inhibition or disruption of a POTW 's sewer system, treatment processes or operations which may contribute ' to a vio- lation of any requirement of its NPDES permit. May. Is permissive or discretionary. NPDES. National Pollutant Discharge Elimination System permits program as administered by the U.S. EPA or the State of Texas. O and M. Operation and Maintenance. Owner or Occupant. The person, firm, or public or private cor- poration, 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 sub- stances except sewage and industrial wastes. pH. The logarithm of the reciprocal of the weight of hydrogen- ions, in grams per liter of solution, measured and calculated in accord- ance with "Standard Methods." Pollutant. Any substance discharged into a POTW or its collec- tion system, listed in Appendices A and B hereto. POTW. Public Owned Treatment Works. Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POTW. Sewage. Water-carried human Wastes or a combination of water- carried wastes from residences, business buildings, institutions and in- dustrial establishments, together with such ground, surface, storm or other waters as may be present. Sewer. Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source. Shall. Is mandatory. SIC. Classification of uses based on the 1972 (or subsequent) edition of the "Standard Industrial Classification" manual prepared by the Office of Management and Budget. Slugload. Any substance released in a discharge at a rate and/or concentration which causes interference to a POTW. Superintendent. The Superintendent of the Wichita Falls Waste Water Treatment Department, operating under the immediate direction of the Director of Public Utilities. -2- Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in water, waste water, or other liquids, which is removable by laboratory filtering. Toxic Pollutants. Those substances listed in Appendix A herein. Upset. An exceptional incident in which a Discharger uninten- tionally and temporarily is in a state of noncompliance with the stan- dards set forth in Appendices A and B hereto due to factors beyond the reasonable control of the Discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facili- ties, lack of preventive maintenance, or careless or improper operation hereof. Wastewater. The water that has been used by and discharged from an industry, commercial enterprise, household or other water con- sumer, which water may be either polluted or unpolluted. Significant Industrial Discharger. For the purpose of this ordi- nance, any nonresidential user which normally discharges wastewater to the POTW in quantities of 25,000 gallons per day or greater or whose wastewater contains or has the. potential to contain priority pollutants or waste which cause interference with the POTW system, adverse effects on the receiving stream of the POTW, POTW sludges unfit for land use, or hazards for POTW workers. Hazardous Metal. As used in this ordinance, the term "hazardous metal" includes each of the following metals in its elemental state and any of its compounds expressed as that metal: arsenic, barium, boron, cadmium, chromium, copper, lead, manganese, mercury, nickel, selenium, silver and zinc. SECTION 2: REGULATIONS 1. General Discharge Prohibitions. No Discharger shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater treatment system or otherwise to the facilities or the Authority: a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to the operation of the POTW. b) Solid or viscous substances which will or may cause obstruction to the flow in the sewer or other interference with the operation of the wastewater system. c) Any wastewater having a pH less than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the system. d) Any wastewater containing toxic pollutants in sufficient quan- tity, either singly or by interaction, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, or to exceed the limitation set forth in Categorical Pretreatment Standards Appendix C hereto. A toxic pollutant shall include, but not be limited to, any pollutant identified in the Toxic Pollutant List set forth in Appendix A hereto. e) Any noxious or malodorous liquids, gases or solids which either singly or by interaction are capable of creating a public nui- sance, or hazard to life, or are sufficient to prevent entry into the sewers for their maintenance and repair. f) Any substance which may cause the POTW's effluent or treat- ment residues, sludges or scums, to be unsuitable for reclaimation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompli- ance with sludge use or disposal criteria, guidelines or regulations -3- developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the sludge management method being used. g) Any substance which will cause the POTW to violate its NPDES and/or other Disposal. System Permits. h) Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. i) Any wastewater having a temperature which will inhibit bio- logical activity in the POTW treatment plant resulting in Interference; but in no case, wastewater with a temperature at the introduction into the POTW which exceeds 40 degrees Celsius (104 degrees Fahrenheit) . j) Any slugload, which shall mean any pollutant, including oxygen demanding pollutants (B.O.D. , etc. ) , released in a single extra- ordinary discharge episode of such volume or strength as to cause inter- ference to the POTW. k) Any unpolluted water including, but not limited to non- contact cooling water. 1) Any wastewater containing any radioactive wastes or isotopes of such half-life in concentration as to exceed limits established by the Authority in compliance with applicable State or Federal regulations. m) Any wastewater which causes a hazard to human life or creates a public nuisance. n) Free or emulsified oil and grease exceeding 100 parts per million (834 pounds per million gallons) of either or both, or combina- tions of, free or emulsified oil and grease. Limitations on Wastewater Strength A) National Categorical Pretreatment Standards. National cate- gorical pretreatment standards as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act (and as adopted as Appendix C hereto) shall be met by all Dischargers of the regulated industrial categories. An application for modification of the national categorical pretreatment standards may be considered for submittal to the E.P.A . Administrator by the Authority, when the Authority's wastewater treatment system achieves consistent removal of the pollutants as defined by 40 CFR 403.7. B) State Requirements. State requirements and limitations on discharges to the POTW shall be met by all Dischargers which are sub- ject 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. C) Right of Revision. The Authority reserves the right to amend this Ordinance to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in the preamble of this Ordinance. D) Dilution. No Discharger shall increase the use of potable or process water in any way, nor mix separate waste streams for the pur- pose of diluting a discharge as a partial or complete substitute for ade- quate treatment to achieve compliance with the standards set forth in this Ordinance. E) Supplementary Limitations. No Discharger shall discharge wastewater containing concentrations of the following enumerated materi- als, exceeding the following values: -4- Material Concentration (mg/l) Arsenic 0.05 Barium 4.0 Boron 1.0 Cadmium 0.02 Copper 1.0 Cyanide 2.0 Lead 0.1 Manganese 1.0 Mercury 0.005 Nickel 1.0 Selenium 0.02 Silver 0.1 Total Chromium 5.0 Zinc 5.0 In addition, no Discharger shall discharge wastewater containing any measurable trace of the following: Antimony Pesticides Beryllium Rhenium Bismuth Strontium Cobalt Tellurium Fungicides Tin Herbicides Uranyl Ion Molybdenum The Authority may impose mass limitations on Dischargers where the imposition of mass limitations is deemed appropriate by the Authority. F) Accidental Discharges. Each Discharger shall provide protec- tion from accidental discharge of prohibited or regulated materials or substances established by this Ordinance. Where deemed to be neces- sary by the Authority, facilities to prevent accidental discharge of pro- hibited materials shall be provided and maintained at the Discharger's cost and expense. Detailed plans prepared by a registered professional engineer showing facilities and operating procedures to provide this pro- tection shall be submitted to the Authority for review, and shall be ap- proved by the Authority before construction of the facility. Each exist- ing Discharger shall complete its plan and submit same to the Authority by 180 days following the enactment of this Ordinance. No new dis- charger who proposes to discharge to the POTW after the effective date of this Ordinance shall be permitted to introduce pollutants into the system until Accidental Discharge Protection Procedures have been ap- proved by the Authority. Review and approval of such plans and operat- ing procedures by the Authority shall not relieve the Discharger from the responsibility to modify its facility as necessary to meet the requirements of this Ordinance. Dischargers shall notify the Authority immediately upon the occurrence of a "slugload," or accidental discharge of substances pro- hibited by this Ordinance. The notification shall include location of dis- charge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any Discharger who discharges a slugload of prohibited materials shall be liable , for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the Author- ity on account thereof under State or Federal law. Signs shall be permanently posted in conspicuous places on Discharger's premises, advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure. Emergency notification contacts and procedures shall be specified within the Discharger's permit. SECTION 3: MONITORING FEES 1. Purpose. It is the purpose of this section to provide for the pay- ment of fees from Dischargers to the Authority's wastewater disposal sys- tem, to compensate the Authority for the cost of administration of the pretreatment program established herein. —5— 2. Charges and Fees. The City shall adopt charges and fees which shall provide for: a) Monitoring, inspections and surveillance. b) Permits . c) Filing appeals. d) Reviewing accidental discharge procedures and construction. SECTION 4: SURCHARGES 1. Abnormal Sewage Surcharges. Due to the extra costs of treatment, a surcharge shall be assessed to all non-residential users determined to be discharging excessive BOD' s and suspended solids as defined by Appendix B of this Ordinance. This surcharge shall be $0. 10 per thou- sand gallons of wastewater for each parameter measured in excess of 300 mg/1 but less than 425 mg/l. Dischargers which are discharging waste- water having BOD's and/or suspended solids concentrations in excess of 300 mg/1 shall be considered in non-compliance. However, without imply- ing approval for such non-compliance, surcharges shall be assessed for discharges in excess of 425 mg/l of suspended solids and/or BOD's at the rate of $0. 10 per thousand gallons for each unit or fraction of 300 mg/1 in excess of 425 mg/I of suspended solids and/or 425 mg/1 of BOD's. The person discharging such wastes pays a monthly surcharge to the Wichita Falls Water Department in addition to the usual monthly sewer service charge. 2. Measurement of Flow. The volume of flow used in computing Abnor- mal Sewage Surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the Wichita Falls Water Department. In the event that a person discharging waste into the City's sanitary sewer system produces evidence to the Director demon- strating that a substantial portion of the total amount of water used for all purposes does not reach the City's sewer system, an estimated per- centage of total water consumption to be used in computing charges may be established by the Director. Any person discharging industrial waste into the sanitary sewers of the City who procures any part or all of his water supply from sources other than the Wichita Falls Water Department, all or part of which is discharged into the sanitary sewer, shall install and maintain at his expense water meters of the type approved by the Authority for the purpose of determining the proper volume of flow to be used in com- puting sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the Authority. Where it can be shown to the satisfaction of the Authority that a substantial por- tion of the water as measured by the aforesaid meter, or meters, does not enter the sanitary sewer system of the City, then the Authority may re- quire or permit the installation of additional meters at the owner's ex- pense in such manner as to measure the quantity of water actually enter- ing the said sanitary sewerage system from the lot, parcel of land, building or premises of such owner or occupant, and the quantity of water actually entering the sewerage system as so determined, if the Authority so elects. If the Authority finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring de- vices, it shall determine the quantity or quality of the waste in any manner or method he may find practicable in order to arrive at the percentage of water entering the sanitary sewerage system of the City and/or the quality of the sewage to be used to determine the sewer service charge and surcharge. SECTION 5: ADMINISTRATION 1. Wastewater Dischargers. It shall be unlawful to discharge sewage, industrial wastes or other wastes without a permit issued by the Author- ity to any sewer within the jurisdiction of the Authority, and/or to the Authority' s treatment work(s) -6- • 2. Wastewater Discharge Permits. All Industrial Dischargers connect- ing to, or proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall obtain a Wastewater Discharg- ing Permit before connecting to or discharging to the POTW. 3. Permit Application. Industrial Dischargers shall complete and file with the Authority, a permit application in the form prescribed by the Authority, and acompanied by the appropriate fee. Existing Industrial Dischargers shall apply for a Wastewater Discharge Permit within 120 days after the effective date of this Ordinance, and proposed new Dis- chargers shall apply at least 60 days prior to connecting to the POTW. No discharge permit shall be issued unless and until the following con- ditions have been met: a) Disclosure of name, address, and location of the Discharger. b) Disclosure of Standard, Industrial Classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. c) Disclosure of wastewater constituents and characteristics in- cluding but not limited to those mentioned in this Ordinance including Appendices as determined by bonafide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR, Part 136, as amended. d) Disclosure of time and duration of discharges. e) Disclosure of average daily and instantaneous peak wastewater flow rates, in gallons per day, including known or anticipated daily, monthly and seasonal variation, if any. f) Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection man- holes, sampling chambers and appurtenances by size, location and eleva- tion. g) General description of activities, facilities and plant proces- ses on the premises including all materials which are or may be dis- charged to the sewers or treatment works of the Authority. h) Disclosure of the nature and concentration of any pollutants or material prohibited by this Ordinance on a consistent basis and if not, whether additional pretreatment is necessary for the Discharger to comply with this Ordinance. i) Where additional pretreatment and/or operation and main- tenance activities will be required to comply with this Ordinance, the Discharger shall provide a declaration of the shortest schedule by which the Discharger will provide such additional pretreatment and/or implemen- tation of additional operational and maintenance activities. (1) The schedule shall contain milestone dates for the com- mencement and completion of major events leading to the construction and operation of additional pretreatment required for the Discharger to comply with the requirements of this Ordinance including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel , completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this Ordinance. (2) Under no circumstances shall the Authority permit a time increment for any single step directed toward compliance which exceeds 9 months. -7- L (3) No later than 14 days following each milestone date in the schedule and the final date for compliance, the Di,.,.harger shall sub- mit a progress report to the Authority, including no less than a state- ment as to whether or not it complied with the increment of progress represented by that milestone 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 Discharger to return the construction to the approved schedule. In no event shall more than 9 months elapse between such progress reports to the Authority. j) Disclosure of each product produced by type. k) Disclosure of the type of raw materials utilized. 1 ) All permit applications for new or modified permits shall be signed by an agent of the Discharger authorized to make such appl ica- tions, and by a professional engineer licensed to practice in the State of Texas, and all renewal applications for existing permits shall be signed by an agent of the Discharger authorized to make such applications. rn) All sewers shall have an inspection and sampling manhole or structure with an opening of no less than 24 inches diameter and an in- ternal diameter of no less than 36 inches containing flow measuring, recording and sampling equipment as required by the Authority in the Discharger's permit to assure compliance with this Ordinance. The Authority will evaluate the complete application and data furnished by the Discharger and may require additional information. Within 60 days after full evaluation and acceptance of the data furnished, the Authority shall issue a Wastewater Discharge Permit subject to terms and conditions provided herein. 4. Permit Modifications. The Authority reserves the right to amend any Wastewater Discharge Permit issued hereunder in order to assure compliance by the Authority with applicable laws and regulations. Within 9 months of the promulgation of a National Categorical Pretreatment Stan- dard, the Wastewater Discharger Permit of each Pretreatment Standard, the Wastewater Discharger Permit of each Discharger subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. All National Cate- gorical Pretreatment Standards adopted after the promulgation of this Ordinance shall be adopted by the Authority as part of this Ordinance. Where a Discharger, subject to a National Categorical Pretreatment Stan- dard, had not previously submitted an application for a Wastewater Dis- charge Permit as required by No. 3, the Discharger shall apply for a Wastewater Discharge Permit from the Authority within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, the Discharger with an existing Waste- water Discharge Permit shall submit to the Authority within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by paragraphs (h) and (i) of No. 3. The Discharger shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 5. Permit Fees: Permit fees shall be fixed according to the following schedule: Number of Employees Fee 1 - 10 $25.00 11 - 20 50.00 21 - 50 75.00 51 -100 100.00 101 or more 200.00 6. Permit Conditions. Wastewater Discharge Permits shall specify no less than the following: a) Fees and charges to be paid upon annual permit issuance. -8- . b) Limits on the average and maximum wastewater constituents and characteristics regulated thereby. c) Limits on average and maximum rate, and time of discharge and/or requirements for flow regulations and equalization. d) Requirements for installation and maintenance of inspection and sampling facilities. e) Special conditions as the Authority may reasonably require under particular circumstances of a given discharge including sampling locations, frequency of sampling, number, types, and standards for test and reporting schedule. f) Compliance schedule. g) Requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this Ordinance. 7. Permits Duration. All. Wastewater Discharge Permits shall be issued for a period of one year, subject to amendment or revocation as provided in this Ordinance. Permits will be renewed annually, 30 days prior to expiration date. 8. Limitations o n Permit Transfer. Wastewater Discharge Permits are issued to a specific Discharger or the Discharter's successors for a spe- cial operation and are not assignable to another Discharger nor are the Wastewater Discharge Permits transferrable to any other location. Any Discharger's successors shall be bound to the terms of the existing per- mit and to its specific operation unless a new permit specifying a change in operation is made. Reporting Requirements for Permittee 1. Compliance Date Report. Within 90 days following the date for final compliance by the Discharger with applicable Pretreatment Standards set forth in this Ordinance or 90 days following commencement of the intro- duction of wastewater into the POTW by a New Discharger, any Discharger subject to this Ordinance shall submit to the Authority a report indi- cating the nature and concentration of all prohibited or regulated sub- stances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable Pretreat- ment Standards or Requirements are being met on a consistent basis and, if not, what additional OM and/or pretreatment is necessary to bring the Discharger into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by a duly authorized representative of the Discharger. 2. Periodic Compliance Reports. (1) Any Discharger subject to a Pre- treatment Standard set forth in this Ordinance, after the compliance date of such Pretreatment Standard, or, in the case of a new Discharger, after commencement of the discharge to the Authority, shall submit to the Authority during the months of June and December, unless specifically required more frequently by the Authority, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the Pretreatment Standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period reported in No. l hereof. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the Authority may accept reports of average and maximum flows estimated by verifiable techniques. The Authority, for good cause when considering such factors as local high and low flow rates, holidays, budget cycles, or other extenuating factors may authorize the submission of said reports on months other than those specified above. This report shall be signed by a duly authorized agent of the Discharger. (2) Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concen- tration, or production and mass where required by the Authority. The frequency of monitoring by the Discharger shall be as prescribed in the applicable Pretreatment Standard of this Ordinance. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereto. -9- (Comment: Where 40 CFR, Part 136 does not include a sampling or analy- tical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA pub- lication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator or the U.S. EPA. ) 3. Monitoring Facilities. Each significant Industrial Discharger shall provide and operate at the Discharger's own expense, a monitoring facil- ity to allow inspection, sampling, and flow measurement of each sewer discharge to the Authority. Each monitoring facility shall be situated on the Discharger's premises, except where such a location would be impractical or cause undue hardship on the Discharger, the Authority may concur with the facility being constructed in the public street or sidewalk area providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling facility to al- low accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the Discharger. All monitoring facilities shall be constructed and maintained in ac- cordance with all applicable local construction standards and specifica- tions. Construction shall be completed within 120 days of receipt of permit by Discharger. 4. Inspection and Sampling. The Authority may inspect the monitoring facilities of any Discharger to determine comp]iance with the requirements of this Ordinance. The Discharger shall allow the Authority or its authorized representatives to enter upon the premises of the Discharger at all reasonable hours, for the purposes of inspection, sampling, or record examination. The Authority shall have the right to set up on the Discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. The Authority shall have the right to an equal and identical portion of any bonafide sample (upon demand) collected by the Discharger from waste streams being discharged to the POTW. The Authority shall provide writ- ten notification to the Discharger of the results of any and all analysis made with the sample. 5. Confidential Information. Information and data furnished to the Authority with respect to the nature and frequency of discharge shall be available to the public or other governmental agency without restriction unless the Discharger specifically requests and is able to demonstrate to the satisfaction of the Authority that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the Discharger. When requested by a Discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental ,agencies for uses related to this Ordinance, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System permit and/or the Pretreatment Programs provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the Discharger furnishing the report. Wastewater constituents and characteristics will be not recognized as confidential information. Information specifically designated as and accepted by the Authority as being confidential, shall not be transmitted to any govern- mental agency by the Authority until and unless a ten-day notification is given to the Discharger. SECTION 6: ENFORCEMENT 1. Emergency Suspension of Service and Discharge Permits. The Author- ity may for good cause shown suspend the wastewater treatment service and the Wastewater Discharge Permit of a Discharger when it appears to the Authority that an actual or threatened discharge presents or threatens an imminent or substantial danger to the environment,interferes -10- • with the operation or the POTW, violates any pretreatment 1 imits imposed by this Ordinance. Any Discharger notified of the suspension of the Authority's wastewater treatment service and/or the Discharger's Waste- water Discharge Permit, shall within a reasonable period of time, as determined by the Authority, cease all discharges. In the event of fail- ure of the Discharger to comply voluntarily with the suspension order within the specified time, the Authority shall take all lawful actions necessary to suspend the access of the user to the POTW. The Authority shall reinstate the Wastewater Discharge Permit and/or the wastewater treatment service upon proof by the Discharger of the elimination of sub- stantial danger as set forth above. 2. Disconnection. If any person, depositing or discharging industria l waste into the sanitary sewer fails to secure an Industrial Waste Permit within the time prescribed herein or if any person allows or causes waste of unacceptable quality under the requirements of this Section of the Code to be discharged into any sanitary sewer in the City, the Authority is authorized, if such person is using City water, to disconnect such per- son's service line from the City water system and the same shall only be reconnected at the owner's expense. If such person does not use City water, the Authority is authorized to disconnect such person 's service line from the City's sanitary sewer system and the same shall only be reconnected at the owner's expense. The Authority shall notify the occu- pant or user of the premises where the waste is generated 24 hours before disconnecting the service line, giving time, as established by sworn affidavit by a responsible officer of the offending plant, to finish any in process production cycle. No sanitary sewer connection or water connection disconnected hereunder shall be reconnected until the condition causing the disconnection has been corrected. 3. Revocation of Permit. The Authority may revoke the permit of any Discharger which fails to (a) factually report the wastewater constitu- ents and characteristics of its discharge; (b) report significant changes in wastewater constituents or characteristics; (c) refuses reasonable access to the Discharger's premises by representatives of the Authority for the purpose of inspection or monitoring; (d) violates the conditions of its permit, or this Ordinance, or any final judicial order entered with respect thereto; or (e) refuses to participate in the self-monitoring pro- gram as specified in the Discharger's permit as provided for by this Ordinance. 4. Notification of Violations--Administrative Adjustment. Whenever the Authority finds that any Discharger has engaged in conduct which justi- fies revocation of a Wastewater Discharge permit, pursuant to Section 3 hereof, the Authority shall serve or cause to be served upon such Dis- charger a written notice either personally, or by certified or registered mail , return receipt requested, stating the nature of the alleged viola- tion. Within 30 days of the date of receipt of the notice, the Discharger shall respond personally or in writing to the Authority, advising of its position with respect to the allegations. Thereafter, the parties shall. meet to ascertain a plan for the satisfactory correction thereof. . 5. Judicial Proceedings. Following the entry of any order by the Authority with respect to the conduct of a Discharger contrary to the pro- visions of No. 3 hereof, the Attorney for the Authority may, following the authorization of such action by the Authority, commence an action for appropriate legal and/or equitable relief. 6. Enforcement Actions--Annual Publication. A list of all significant Dischargers which were the subject of enforcement proceedings pursuant to Section 6 of this Ordinance during the twelve (12) previous months, shall be annually published by the Authority in the local newspaper sum- marizing the enforcement actions taken against the Dischargers during the same twelve (12) months whose violations remained uncorrected 45 or more days after notification of non-compliance; or which have exhibited a pattern of non-compliance over that twelve month period, or which i e- volved failure to accurately report non-compliance. -11- 7. Operating Upsets. Any Discharger which experiences an upset in operations which places the Discharger in a temporary state of non- compliance with this Ordinance or a Wastewater Discharge Permit issued pursuant hereto shall inform the Authority thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the Discharger with the Authority within five days. The report shall spe- ci fy: a ) Description of the upset, the cause thereof and the upset ' s impact on a Discharger's compliance status. b) Duration of non-compliance, including exact dates and times of non-compliance, and if the non-compliance continues, the time by which compliance is reasonably expected to occur. c) All steps taken or to be taken to reduce, eliminate and pre- vent recurrence of such an upset or other conditions of non-compliance. A reported, bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Authority against a Discharger for any non-compliance with the ' Ordinance or any Wastewater Discharge Permit issued pursuant hereto, which arises out of violations alleged to have occurred during the period of the upset. SECTION 7: PENALTIES 1. Recovery of Costs Incurred by the Authority. Any Discharger vio- lating any of the provisions of this Ordinance, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the Authority's wastewater disposal system shall be liable to the Authority for any expense, loss, or damage caused by such viola- tion or discharge. The Authority shall bill the Discharger for the costs incurred by the Authority for cleaning, repairing, or replacement work caused by the violation of this Ordinance enforceable under the provisions of this Ordinance. 2. Criminal Penalties. Any person who knowingly makes any false statement, representation or certification in any application, record, re- port , plan or other document filed or required to be maintained pursuant to this Ordinance, or Wastewater Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Ordinance or who shall be convicted of vio- lating this Ordinance in any way, shall be guilty of a misdemeanor and thereupon be fined not more than $200.00 for each offense. Each day on which a violation shall occur or continues to occur shall be deemed to be separate and distinct offenses. In addition to the penalties herein pro- vided, the City of Wichita Falls may recover reasonable attorney' s fees, court costs, court reporters ' fees and other expenses of litigation by appropriate suit at law against the person(s) found to have violated this Ordinance. SECTION 8: RECORDS RETENTION All Dischargers subject to this Ordinance shall retain and pre- serve for no less than three (3) years, any records, books, documents, memoranda , reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by, or in behalf of, a Discharger in connection with its discharge. All records which pertain to matters which are the subject of Administrative Adjust- ment or any other enforcement or litigation activities brought by the Authority pursuant hereto shall be retained by the Discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. -12- • • SECTION 9: SEVERABILITY If any provision, paragraph, word, section or chapter of this Ordinance is invalidated by any court of competent jurisdiction, the re- maining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect. SECTION 10: CONFLICT All ordinances and parts of ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. Sec. 6 of Ord. No. 2727 (Sec. 32-124) of the Code is repealed. PASSED AND APPROVED this 71-1} day of ��`� 1983 . • sOlZ.AV /1°Ir MAYOR ATTEST: / City Clerk -13- L APPENDIX A 65 Toxic Pollutants Listed in Consent Decree and Referenced in FR 403.7, January 28, 1981 Acenaphthene Haloether (other than those listed Acrolein elsewhere; includes chlorophenylphenyl Acrylonitrile ethers, bromophenylphenyl ether, Aldrin/Dieldrin bis(dischloroisopropyl ) ether, bis- Antimony and compounds (chloroethoxy) methane and Arsenic and compounds polychlorinated diphenyl ethers) Asbestos Halomethanes (other than those listed Benzene elsewhere; includes methylene Benzidi ne chloromethyl-chloride, methyl bromide Beryllium and compounds bromoform, dichlorobromomethane, Cadmium and compounds trichlorofluoromethane, Carbon tetrachloride dichlorodifluoromethane) Chlordane (technical mixture Heptachlor and metabolites and metabolites) Hexachlorobutadiene Chlorinated benzenes (other Hexachlorocyclohexane (all isomers) than dichlorobenzenes) Hexachlorocyclopentadiene Chlorinated ethanes (including Isophorone 1 ,2-dichloroethane, 1 ,1,1- Lead and compounds trichloroethane, and Mercury and compounds hexachloroethane) Naphthalene Chloralkyl ethers (chloro- Nickel and compounds methyl, chloroethyl, Nitrobenzene and mixed ethers) Nitrophenols (including 2,4-dinitro- Chlorinated naphthalene phenol , dinitrocresol) Chlorinated phenols (other than Nitrosamines those listed elsewhere; Pentachlorophenol includes trichlorophenols and Phenol chlorinated cresols) Phthalate esters Chloroform Polychlorinated biphenyls (PCBs) 2-chlorophenol Polynuclear aromatic hydrocarbons Chromium and compounds (including benzanthracenes, Copper and compounds benzopyrenes, benzo fluoranthene, Cyanides chrysenes, dibenzanthracenes, and DDT and metabolites indenopyrenes) Dichlorobenzenes (1 ,2-, 1 ,3-, Selenium and compounds and 1 ,4-dichlorobenzenes) Silver and compounds Dichlorobenzidine 2,3,7,8-Tetrachlorodibenzo-p-dioxin Dichloroethylenes (1,1- and (TCDD) 1 ,2-dichloroethylene) Tetrachloroethylene 2,4-dichlorophenol Thallium and compounds Dichl.oropropane and Toluene dichl.oropropene Vinyl chloride Dinitrotoluene Zinc and compounds Diphenylhydrazine Endosulfan and metabolites Endrin and metabolites Ethyl.benzene Fluoroanthene APPENDIX B General Limitations on Other Pollutants BOD BOD contributions in excess of 300 mg/1 by any Discharger shall be con- sidered to be excessive of domestic sanitary waste strength. BOl) contri- butions in excess of 425 mg/1 shall be considered as a non-compatible pollutant capable of interference in the existing treatment processes. Suspended Solids Suspended solids contributions in excess of 300 mg/1 by any Discharger shall be considered to be excessive of domestic sanitary waste charac- teristics. Suspended solids contributions in excess of 425 mg/1 shall be considered as a non-compatible pollutant capable of interference in the existing treatment processes. Oils, Greases Contributions of oils and/or greases in excess of 100 mg/l by any Dis- charger shall be considered to be a non-compatible pollutant capable of interference in the existing treatment process. • • APPENDIX B General Limitations on Other Pollutants BOD BOD contributions in excess of 300 mg/1 by any Discharger shall be con- sidered to be excessive of domestic sanitary waste strength. 1301) contri- butions in excess of 425 mg/1 shall be considered as a non-compatible pollutant capable of interference in the existing treatment processes. Suspended Solids Suspended solids contributions in excess of 300 mg/1 by any Discharger shall be considered to be excessive of domestic sanitary waste charac- teristics. Suspended solids contributions in excess of 425 mg/l shall be considered as a non-compatible pollutant capable of interference in the existing treatment processes. Oils, Greases Contributions of oils and/or greases in excess of 100 mg/l by any Dis- charger shall be considered to be a non-compatible pollutant capable of interference in the existing treatment process. • r APPENDIX B General Limitations on Other Pollutants BOD BOD contributions in excess of 300 mg/1 by any Discharger shall be con- sidered to be excessive of domestic sanitary waste strength. BOD contri- butions in excess of 425 mg/1 shall be considered as a non-compatible pollutant capable of interference in the existing treatment processes. Suspended Solids Suspended solids contributions in excess of 300 mg/1 by any Discharger shall be considered to be excessive of domestic sanitary waste charac- teristics. Suspended solids contributions in excess of 425 mg/1 shall be considered as a non-compatible pollutant capable of interference in the existing treatment processes. Oils, Greases Contributions of oils and/or greases in excess of 100 mg/l by any Dis- charger shall be considered to be a non-compatible pollutant capable of interference in the existing treatment process. APPENDIX C Categorical Pretreatment Standards Referenced in FR 403.7, January 28, 1981 For the purpose of this Ordinance the City of Wichita Falls, Texas, does adopt the National Categorical Pretreatment Standards as promul- gated as interim or final standards. This shall include the following industrial classifications as well as future classifications which may be added to the National Categorical Pretreatment Standards: Industry 1 . Adhesives and Sealants 2. Aluminum Forming 3. Auto and Other Laundries 4. Battery Manufacturing 5. Coal Mining 6. Coil Coating 7. Copper Forming 8. Electrical and Electronic Components 9. Electroplating 10. Explosives Manufacturing 11. Foundries 12. Gum and Wood Chemicals 13. Inorganic Chemicals Manufacturing 14. Iron and Steel Manufacturing 15. Leather Tanning and Finishing 16. Mechanical Products Manufacturing 17. Nonferrous Metals Manufacturing 18. Ore Mining 19. Organic Chemicals Manufacturing 20. Paint and Ink Formulation 21 . Pesticides 22. Petroleum Refining 23. Pharmaceutical. Preparations 24. Photographic Equipment and Supplies 25. Plastics Processing 26. Plastic and Synthetic Materials Manufacturing 27. Porcelain Enameling 28. Printing and Publishing 29. Pulp and Paper Mills 30. Rubber Processing 31. Soap and Detergent Manufacturing 32. Steam Electric Power Plants 33. Textile Mills 34. Timber Products Manufacturing ORDINANCE 67-83 AN ORDINANCE EXTEND- ING THE CITY LIMITS OF WICHITA FALLS,TEXAS,BY ANNEXING A CERTAIN TRACT OF LAND ADJACENT TO THE TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, TEXAS, WHICH TRACT OF LAND AND SERVICE PLAN FOR SUCH.TRACT IS DESCRIBED IN THIS ORDINANCE. ORDINANCE NO.68-83 AN ORDINANCE MAKING AN APPROPRIATION FROM THE CIVIC/COMMUNITY PROMOTION FUND TO AC- COUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. ORDINANCE NO.69-83 AN ORDINANCE CLOSING, VACATING,AND ABANDON- ING THE TWENTY-FIVE(25) FOOT WIDE, UNPAVED, EAST-WEST AND NORTH- SOUTH ALLEYS IN BLOCK 241, BEAN AND STONE RE- SURVEY OF BLOCKS 240 and 241, ORIGINAL TOWNSITE OF WICHITA FALLS,TEXAS, AND RETAINING A UTILITY EASEMENT IN THE EAST- WEST ALLEY. ORDINANCE NO. 70-83 AN ORDINANCE CLOSING, VACATING,AND ABANDON- RECEIVED IN ING A FORTY(40)FOOT,UN- PAVED STRIP OF LAND, CITY CLERK'S OFFICE ORIGINALLY DEDICATED AS RIGHT-OF-WAY, 7 LOCATED SOUTH OF THE Date /._ .ZPJ_-�-� SOUTH BOUNDARY OF BLOCK D, KEMP'S WEST END ADDITION, WICHITA By C FALLS,TEXAS. TEXAS. ORDINANCE NO.71-83 Affidavit of Publication AN ORDINANCE REGULAT- ING THE DISCHARGE OF IN- DUSTRIAL WASTE.INTO THE SANITARY SEWERAGE THE STATE OF TEXAS SYSTEM AND THE STORM DRAINAGE SYSTEMDDF THE_ CITY OF WICHITA FALLS, COUNTY OF WICHITA• AMENDING SECTION I OF. ORDINANCE NO. 2727, Ting Here) WHICH IS CODIFIED AS SEC- TION 32-121 OF THE CODE OF ORDINANCES: DEFINING TERMS: REGULATING DIS- On this 15 5 day of Ju y CHARGES OF CERTAIN SUB- STANCES INTO THE WASTE- 1983 W AT ER TREATMENT A.D personally appeared before me,the undersigned authority PLANT SYSTEM: PROVID- I N LIMITATIONS ON WASTEWATER STRENGTH: Toni Belvedere bookkeeper PROVIDING FOR ABNOR- MAL SEWAGE SUR- CHARGES: REQUIRING PERMITS FOR INDUSTRIAL for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls DISCHARGERS:PROVIDING FOR PERMIT FEES: PRO- VID ING REPORTING RE- Record News, a newspaper published at Wichita Falls in Wichita County,Texas,and QUIREMENTS: PROVIDING- FOR SUSPENSION AND DIS- upon being duly sworn by me,on oath states that the attached,advertisement is a true CONNECTION OF SERVICE AND REVOCATION OF PER- ONE(1) MIT: PROVIDING FOR and correct copy of advertisin g p ublished in issues PENALTIES: REPEALING SECTION 6 OF ORDINANCE thereof on the following dates: NO. 2727,CODIFIED AS SEC- TION 32-124 OF THE CODE OF ORDINANCES. ORDINANCE NO. 72-83 July 4 ORDINANCE AMENDING SECTION 15-127 OF THE CODE OF ORDINANCES OF // THE CITY OF WICHITA FALLS, TO INCREASE THE NUMBER OF FIREFIGH- Bookkeeper for Times Publishing Company TERS BY SIX,THE NUMBER OF FIRE EQUIPMENT of Wichita Falls OPERATORS BY THREE, AND THE NUMBER OF FIRE LIEUTENANTS BY THREE. ORDINANCE NO. 73-83 Subscribed and sworn to before me this the da y and year first above written. ORDINANCE DESIGNATING THE REGULAR MEETING „ , I•; .v TIMES OF THE CITY COUN- CIL FOR THE MONTHS OF.;-I — ' VS, JUNE, JULY,AND AUGUST,✓ 4txtos,„1983.. - i 1Js