O494ORDINANCE NO. 494
AN ORDINANCE OF THE CITY OF KENNEDALE, AMENDING
CHAPTER 23, ARTICLE III OF THE KENNEDALE CITY CODE
(1992), AS AMENDED, REQUIRING PERMITS TO DISCHARGE
INDUSTRIAL WASTE INTO THE KENNEDALE SANITARY SEWER
SYSTEM; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
PROMULGATE REGULATIONS PERTAINING TO SUCH
PERMITTING; PROVIDING FOR DEFINITIONS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
REPEALING ORDINANCE NO. 308 (2005); PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kemnedale (the "City ") is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Local Government Code; and
WHEREAS, the City Council finds that the unregulated transportation and discharge of
liquid waste presents a hazard to the public health, safety, and welfare of the citizens of the City;
and
WHEREAS, the City provides waste water utility service through wholesale wastewater
contracts with the City of Fort Worth, the City of Arlington and the Trinity River Authority; and
WHEREAS, these wholesale waste water contracts provide that the City, as a wholesale
customer, shall comply with all permit conditions in any way relating to the collection system and
the discharge into the collection system; and
WHEREAS, the Texas Commission on Enviromnental Quality has requested that the
holders of TPDES permits and all jurisdictions contributing to their wastewater collection systems
make certain amendments and revisions to their respective industrial waste ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS:
SECTION 1.
The City of Kennedale hereby adopts the Enforcement Response Plan for the Pretreatment
Program, as contained in Exhibit "A" attached hereto and incorporated as if fully set forth herein.
The Director of Public Works, or his/her duly appointed representative, is hereby authorized to
enact any or all of the prescribed procedures to enforce the Pretreatment Program's Enforcement
Response Plan, including the imposition of penalties for unauthorized discharges, and to adopt and
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promulgate rules and regulations necessary to protect the public health and safety in case of
pretreatment program violations.
SECTION 2.
The Kermedale City Code, Chapter 23, Article III, is hereby amended by repealing the
existing Division 3 and adopting a new Division 3 to read as follows:
"DIVISION 3. INDUSTRIAL WASTE DISCHARGE REGULATIONS
See. 23 -121. Definitions.
When used in this Division, these terms shall be defined as follows:
Abnormal Sewage: Any Industrial waste discharged into the Authority's sanitary sewer which,
when analyzed, shows by weight a Total Suspended Solids (TSS) concentration greater than 250
mg/L or a Biochemical Oxygen Demand (BOD) concentration greater than 250 mg /L. In addition,
the Authority may judge independently a waste's suitability for discharge to the POTW that
requires additional treatment, based upon BOD, TSS or other characteristics, as abnormal. Any
waste in this classification must be made acceptable for discharge into the POTW as defined in this
Division.
Act: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Approval Authority: The Director of the Texas Commission on Environmental Quality
( "TCEQ ").
Authority: The City of Kennedale, Texas.
Authorized Representative of the Industrial User: Authorized representatives (Authorized
Signatories) for wastewater discharge permit applications and for reports submitted under Section
23 -125 of this Division are:
(1) A responsible corporate officer, if the discharger submitting the application or
report is a corporation. This includes the president, vice - president, secretary or treasurer 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.
(2) The manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiate and direct other comprehensive
measures to assure long term environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for individual wastewater discharge permit or any
control mechanism requirements; and where Authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
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(3) For a partnership or sole proprietorship, a general partner of the proprietor,
respectively.
(4) The principal executive officer or director having responsibility for the overall
operation of the facility if the discharger is a federal, State or local governmental entity, or
their agents.
(5) A duly authorized representative of the individual designated in (1), (2), (3) or (4)
above i£
(a) the authorization is made in writing by the individual described above in
(1), (2), (3) or (4);
(b) the authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the
discharge originates (such as a plant manager), or a position of equivalent
responsibility, or having overall responsibility for environmental matters
for the company; and
(c) the written authorization is submitted to the City.
(d) If an authorization is no longer accurate because a different individual or
position has responsibility, a new authorization must be submitted to the
City prior to or together with any reports signed by an authorized
representative.
Best management practices (BMP): Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed in
Section 23- 123(e) [40 CFR 403.5(a)(1) and (b)] and to prevent or reduce the pollution of the MS4
and waters of the United States. BMPs include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from
raw materials storage.
Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five days at twenty (20)
degrees Centigrade, expressed as parts per million by weight or in terms of milligrams per liter.
Bypass: The intentional diversion of waste streams or wastewater from any portion of a
discharger's wastewater treatment equipment or pretreatment facility.
Categorical Industrial User: An Industrial User subject to a categorical Pretreatment Standard or
categorical standard.
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Categorical Pretreatment Standards: Limitations on pollutant discharges to POTW's
promulgated by EPA in accordance with section 307 of the Clean Water Act, that apply to
specified process wastewaters of particular Industrial categories [40 CFR 403.6 and Parts
405 -471].
CFR: Code of Federal Regulations.
City: The City of Kennedale, Texas.
COD (Chemical Oxygen Demand): The measure of the oxygen- consuming capacity of inorganic
matter present in the water or wastewater expressed in mg /L as determined by the amount of
oxidant consumed from a chemical reflux. Such term does not, however, differentiate between
stable and unstable organic matter, and therefore does not necessarily correlate with BOD.
Combined Wastestream Formula (CWF): A procedure found in 40 CFR 403.6(e) for
calculating fixed alternative discharge limits at Industrial facilities applicable when regulated
process wastewater, subject to a categorical pretreatment standard, is mixed with non - regulated
wastewaters prior to sampling.
Composite Sample: A mixture of grab samples collected at the same sample point at different
times and composed of not less than four samples. The series of samples may be collected on a
time or flow proportional basis.
(1) Time Proportional Composite Sample: A sampling method which combines
discrete samples of constant volume collected at constant time intervals (e.g., 200
milliliter samples collected every half hour for a 24 -hour period).
(2) Flow Proportional Composite Sample: A sampling method which combines
discrete samples collected over time, based on the flow of the waste stream being
sampled. There are two methods used to collect this type of sample. One method
collects a constant sample volume at time intervals which vary based on the stream
flow [e.g., 200 milliliters of sample collected for every 5,000 gallons discharged].
The other method collects samples of varying volume, based on stream flow, at
constant time intervals.
(3) Flow proportional composite will be used only in locations that have the capability
to measure flow during the sampling period.
Control Authority: The City of Fort Worth, Texas or the Trinity River Authority, as holders of
the respective Texas Pollutant Discharge Elimination System (TPDES) permits and the City of
Arlington as holder of the interlocal wastewater contract with the City of Kenmedale.
Cooling Water: The water discharged from any system of condensation such as air conditioning,
cooling, refrigeration or water used as a coolant in cooling towers where the only pollutant is
thermal.
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Director: The Director of Public Works of the City, or his /her authorized representative.
Discharge: In its verb form: to deposit, conduct, drain edit, throw, run, allow to seep or otherwise
release or dispose; to allow, permit or suffer any of these acts or omissions. In its noun form: the
product of any of these acts.
Discharger: Any User discharging an effluent into a POTW by means of pipes, conduits,
pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches,
intercepting ditches, and all constructed devices and appliances appurtenant thereto. The term
includes owners and occupants of such premises.
Disposal: The discharge, deposit, injection, dumping, spilling, leaking or placing of Industrial,
liquid or hazardous waste into or on land, water or the POTW.
EPA: Environmental Protection Agency of the federal government.
Existing Source: Any source of discharge, the construction or operation of which commenced
prior to the publication by the 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.
Garbage: Animal and vegetable waste or residue from preparation, cooking or dispensing of food
or from the handling, storage, and sale of food products and produce.
Generator: A person who causes, creates, generates, or otherwise produces waste.
gpd: gallons per day
Grab Sample: A sample which is taken from a waste stream on a one time basis with no regard to
the flow of the waste stream and without consideration of time. The sample is collected over a
period of time not exceeding 15 minutes.
Hazardous Waste: Any liquid, semi - liquid or solid waste (or combination of wastes), which
because of its quantity, concentration, physical, chemical or infectious characteristics is:
(1) Identified as hazardous waste in 40 CFR Part 261; or
(2) Identified or listed as a hazardous waste under the Texas Solid Waste Disposal Act,
Texas Health and Safety Code, Chapter 361.
Indirect Discharge or Discharge: The introduction of pollutants into a POTW from any
non- domestic source regulated under section 307(b), (c) or (d) of the Act.
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.
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Industrial User or User: a source of Indirect Discharge.
Instantaneous Maximum Allowable Discharge Limit: The maximum concentration of a
pollutant allowed to be discharged at any time, determined from the analysis of any discrete grab
or composite sample collected, independent of the Industrial flow rate and the duration of the
sampling event.
Interference: A discharge which, alone or in conjunction with a discharge or discharges from
other sources:
(1) hihibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes, use or disposal; and
(2) Therefore is a cause of a violation of any requirement of the POTW's TPDES
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 the following
statutory provisions and regulations or permits issued thereunder (or more stringent
State or local regulations): Section 405 of the Clean Water Act, the Solid Waste
Disposal Act (SWDA) (including Title II, more commonly referred to as the
Resource Conservation and Recovery Act (RCRA), and including State regulations
contained in any state sludge management plan prepared pursuant to Subtitle D of
the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine
Protection, Research and Sanctuaries Act; or
(3) Therefore is a cause of a violation of a wastewater contract for sewage disposal or
of receiving water quality standards.
Maximum daily average: The maximum concentration of a substance allowed in a discharge as
determined from a laboratory test of a daily composite sample. The daily composite sample is the
concentration of discharge of a pollutant measured during a calendar day or any 24 -hour period
that reasonably represents the calendar day for purposes of sampling.
May: Is permissive.
mg/L: Milligram per liter.
Monitored User: Commercial and Industrial Users which are not classified as Significant
Industrial Users and do not discharge a significant amount of regulated pollutants on a regular
basis.
Monthly Average Limit: The highest allowable average of "daily discharges" over a calendar
month, calculated as the sum of all "daily discharges" measured during a calendar month divided
by the number of "daily discharges" measured during that month.
New Source: 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
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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:
(1) The building, structure, facility or installation is constructed at a site at which no
other source is located; or
(2) The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source;
or
(3) 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.
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 (2) or (3) above but otherwise alters, replaces, or adds to
existing process or production equipment. Construction of a new source under this
definition has commenced if the owner or operator has;
(A) Begun, or caused to begin as part of a continuous onsite construction
program;
(i) any placement, assembly, or installation of facilities or equipment;
or
(ii) 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 is 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
definition.
Non - significant Categorical Industrial User: For facilities discharging to the City of Fort
Worth Village Creek Wastewater Treatment Facility, an Industrial User that is subject to
categorical Pretreatment Standards may, at the sole discretion of the Director, be permitted as a
Non Significant Categorical Industrial User (NSCIU) if the following conditions are met:
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(1) The Industrial User, prior to City's finding, has consistently complied with all
applicable categorical Pretreatment Standards and Requirements;
(2) The Industrial User annually submits the certification statement required in Section
23- 125(a)(4)(I)(ii) [see 40 CFR 403.12(q)], together with any additional
information necessary to support the certification statement; and
(3) The Industrial User never discharges any categorical process wastewater into the
sanitary sewer.
Normal Wastewater: Wastewater in which the average concentration of Total Suspended
Solids is not more than 250mg /L and BOD is not more than 250mg/L, and which is otherwise
acceptable to be discharged into a sanitary sewer under the terms of this Division.
NPDES (National Pollutant Discharge Elimination System): National Pollutant Discharge
Elimination System permit program of the Environmental Protection Agency, and /or the permit
program of the State agency delegated to act on the Environmental Protection Agency's behalf
with an approved pretreatment program (e.g. TPDES or Texas Pollutant Discharge Elimination
System.).
North American Industry Classification System ( NAICS): A system used by the Federal
Government for collecting and organizing industry-related statistics. The NAICS codes are
updated every five years to stay current with industry developments.
Noncontact Cooling Water: Water used for cooling which does not come into direct contact with
raw materials, intermediate product, waste product, or finished product.
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O and M (or O &M): Operation and Maintenance
Other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil,
tar, and all other substances except sewage and Industrial wastes.
Owner or Occupant: The person, firm, or public or private corporation, using the lot, parcel of
land, building or premises connected to and discharging sewage, Industrial wastewater or liquid,
into the sanitary sewage system 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, or who would pay or be legally responsible
for such payment if so connected.
Over Load: The discharge of BOD /COD, solids or wastewater volume in excess of the POTW's
capacity.
Pass Through: The discharge of pollutants through the POTW into waters of the United States in
quantities or concentrations which are a cause of or significantly contribute to a violation of any
requirement of the POTW's TPDES permit.
Permit: Wastewater Discharge Permit, issued to non - domestic dischargers into the sanitary
sewerage system of the POTW.
Person: Any individual, business entity, partnership, corporation, governmental agency, political
subdivision, or any agent or employee thereof.
pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in grams per
liter of solution; ; a measure of the acidity or alkalinity of a solution, expressed in standard units.
Polluted Water: Water and /or liquid waste containing any of the following:
a. Free or emulsified grease, and/or oil.
b. Acids or alkalis.
C. Phenols or other substances producing taste or odor in receiving water.
d. Toxic or poisonous substances in suspension, colloidal state or solution.
e. Noxious or otherwise obnoxious or odorous gases, liquids or solids.
f. More than ten (10) mg/L of Total Suspended Solids or BOD, or both.
g. Color; either True or Apparent, exceeding fifty (50) units.
h. More than 500 mg/L of dissolved solids, more than 250mg/L of chlorides or more
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than 250mg/L sulfates.
i. A pH value of less than 5.5 or greater than 11.0 for discharges to TRA; and lower
than 5.0 or higher than 12.0 for discharges to Fort Worth.
j. Any water or wastewater not approved for discharge into Water of the State by the
TCEQ.
Pollutant: Dredged spoil, solid, waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and Industrial, municipal and agricultural waste
discharged into water.
POTW (Publicly Owned Treatment Works): A treatment works as defined by Section 212 of
the Act, which is owned by the Control Authority. This definition includes any devices and
systems used in the collection, storage, treatment, recycling and reclamation of sewage or
Industrial wastes of a liquid nature and any other conveyances which convey wastewater to a
treatment plant.
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 the sanitary sewer.
Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment,
other than a Pretreatment Standard, imposed on an Industrial User.
Pretreatment Standard: The term "Pretreatment Standard," or "Standard" means prohibited
discharge limits established pursuant to 40 CFR Part 403.5, categorical pretreatment standards,
and local limits, including BMPs.
Process wastewater: The water that comes into direct contact with or results from the production
or use of any raw material, intermediate product, finished product, byproduct, waste product, or
wastewater.
Public Sewer: Pipe or conduit carrying sanitary or storm wastewater or unpolluted drainage in
which owners of abutting properties shall have the use, subject to control by the City.
Public Works Utility Superintendent (or Superintendent): Public Works Utility
Superintendent of the City, or his authorized representative.
Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport Industrial
waste and domestic sewage to the POTW.
Sanitary Sewer Service: A sewer conveying wastewater from the premises of a User to the
POTW.
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Septage: Wastes removed from a septic tank.
Severe Property Damage: 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 be reasonably expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
Sewage: Water - carried human wastes or a combination of water - carried wastes from residences,
business buildings, institutions and Industrial establishments, together with such ground, surface,
storm or other waters as may be present.
Shall: Is mandatory.
Significant Change: An increase or decrease in the volume of wastewater discharged by more
than twenty percent (20 %) from the data submitted in the permit application, or the deletion or
addition of any pollutant regulated by the Authority or by a categorical standard. Volumes are
those measured by the water service meter, a verifiable estimate, or a permanently installed
effluent flow meter approved by the Authority.
Significant Industrial User (SIU):
(1) For facilities discharging to the City of Fort Worth Village Creek Wastewater
Treahnent Facility:
(A) An Industrial User subject to categorical pretreatment standards and any
other Industrial User that:
(i) discharges an average of 25,000 gallons per day or more of process
wastewater to a POTW (excluding sanitary, noncontact cooling or
boiler blowdown wastewater);
(ii) contributes a process waste stream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of a
POTW; or
(iii) is designated as such by the Authority on the basis that the Industrial
User has a reasonable potential for adversely affecting a POTW's
operation or for violating any pretreatment standard or requirement.
(B) An Industrial User that is subject to categorical Pretreatment Standards
may, at the discretion of the Director, be permitted as a Non - Significant
Categorical hrdustrial User (NSCIU) based on a finding that the Industrial
User never discharges categorical wastewater (excluding sanitary, non
contact cooling and boiler blow -down wastewater, unless specifically
included in the Pretreatment Standard) and the following conditions are
met:
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(i) The Industrial User, prior to City's finding, has consistently
complied with all applicable categorical Pretreatment Standards and
Requirements;
(ii) The Industrial User annually submits the certification statement
required in Section 23- 125(a)(4)(I)(ii) [see 40 CFR 403.12(q)],
together with any additional information necessary to support the
certification statement; and
(iii) The Industrial User never discharges any categorical process
wastewater into the sanitary sewer.
(C) Upon a finding that a noncategorical Industrial User meeting the criteria for
a significant Industrial User has no reasonable potential for adversely
affecting a POTW's operation or for violating any pretreatment standard or
requirement, the Authority may at any time on its own initiative or in
response to a petition received from a noncategorical Industrial User,
determine such User is not a significant Industrial User.
(2) For facilities discharging through the City of Arlington to Trinity River Authority
Central Regional Wastei Pater System:
(A) An Industrial User subject to categorical pretreatment standards and any
other Industrial User that:
(i) Discharges an average of twenty -five thousand (25,000) gallons per
day or more of process wastewater to a POTW (excluding sanitary,
noncontact cooling or boiler blowdown wastewater);
(ii) Contributes a process waste stream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
a POTW; or
(iii) Is designated as such by the Authority on the basis that the Industrial
User has a reasonable potential for adversely affecting a POTW's
operation or for violating any pretreatment standard or requirement.
(B) Upon a finding that a Noncategorical Industrial User meeting the criteria for
a significant Industrial User has no reasonable potential for adversely
affecting a POTW's operation or for violating any pretreatment standard or
requirement, the Authority may at any time on its own initiative or in
response to a petition received from a Noncategorical Industrial User,
determine such User is not a Significant Industrial User.
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Slug Load or Slug Discharge: Any discharge at a flow rate or concentration, which could cause a
violation of the prohibited discharge standards in this Division. A Slug Discharge is any
Discharge of a non routine, episodic nature, including but not limited to an accidental spill or a non
customary batch Discharge, which has a reasonable potential to cause Interference or Pass
Through, or in any other way violate the POTW's regulations, Local limits or Permit conditions.
Standard Industrial Classification (SIC) Code: The codes which best describe the activities
conducted at the facility or establishment. SIC codes are 4 digit numbers used by the Bureau of
Census as part of a system to categorize and track the types of business activities conducted in the
United States. The first two digits of the code represent the major industry group and the second
two digits represent the specific subset of that group. A classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and Budget.
Standard Methods: "Standard Methods for the Examination of Water and Wastewater ", a
publication prepared and published jointly by the American Public Health Association, American
Waterworks Association and the Water Pollution Control Federation, as it may be amended from
time to time.
State: The State of Texas.
Storm Sewer: All roads with drainage systems, streets, catch basins, curbs, gutters, ditches,
watercourses and storm drains, which are designed or used for collecting or conveying storm
water.
Storm Water: Any flow occurring during or following any forth of natural precipitation, and
resulting from such precipitation including snowmelt.
Total Suspended Solids (TSS): Solids that either float on the surface of, or in suspension in,
water, sewage or other liquid and which are removable by laboratory filtering.
Total Toxic Organics (TTO): The sum of masses or concentration of the toxic organic
compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in Industrial
Users' discharges at a concentration greater than 0.01 mg/L. Only those parameters reasonably
suspected to be present, to be determined by the City, if any, shall be analyzed for with
non - categorical industries. With Categorical industries, the list of TTOs is specific for every
applicable federal category. TTO's will be sampled for as stipulated in the particular category or
those parameters reasonably suspected to be present, to be determined by the City, where not
stipulated.
Texas Pollutant Discharge Elimination System (TPDES) Permit: Permit issued by the Texas
Commission on Environmental Quality under authority delegated pursuant to 33 USC 1342(b) that
authorizes the discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, group or general area -wide basis.
Toxic Pollutant: Any substance that is identified as hazardous waste in 40 CFR Part 261 or
established pursuant to 40 CFR Pant 403.
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TRA: Trinity River Authority.
Transporter: A person who owns or operates a vehicle used for the purpose of transporting waste,
or a person who authorizes such operation.
Upset: An exceptional incident in which a discharger unintentionally and temporarily is in a state
of noncompliance with the standards established in this Division, due to factors beyond the
reasonable control of the discharger and excluding noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation thereof. Any affirmative defenses to
upset only apply to federal court actions as per Section 23- 126(g)(3).
U.S.C: United States Code.
User: A person who is a source of an indirect discharge.
Waste: Rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting
from domestic, agricultural, connnercial or Industrial activities.
Wastewater: Liquid and water - carried Industrial waste and sewage from residential dwellings,
commercial buildings, Industrial and manufacturing facilities, and institutions, whether treated or
untreated, which are contributed to the POTW.
Watercourse: A natural or man -made channel in which a flow of water occurs, either
continuously or intermittently.
Waters of the State: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of
water, surface or underground, natural or artificial, public or private, which contained within, flow
through or border upon the State or any portion thereof.
See. 23 -122. Purpose and policy; Administration.
(a) This Division provides for prohibitions on discharges of certain substances into the
public sewer system of the City from all sources, domestic, commercial, or Industrial. A further
purpose of this Division is to set forth uniform requirements for Industrial dischargers into the
Authority's wastewater collection and treatment systems, and to enable the Authority to protect the
general public's health and POTW personnel in conformance with all applicable State and federal
laws relating thereto, including the Clean Water Act. Parts of this Division are enacted pursuant to
regulations established by the U.S. Environmental Protection Agency (EPA) as set forth in 40 CFR
Part 403 and all applicable State and federal laws, including the Clean Water Act (33 United States
Code 1251 et seq.) and as set forth in 40 CFR Part 403.
(b) All categorical pretreatment standards, lists of toxic pollutants, record- keeping
requirements, Industrial categories and other standards and categories which have been or which
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will be promulgated by the EPA shall be incorporated as a part of this Division, as will EPA
regulations regarding sewage pretreatment established pursuant to the Act, and amendment of this
Division to incorporate such changes shall not be necessary. The Authority shall maintain current
standards and regulations which shall be available for inspection and copying.
(c) The objectives of this Division are:
(1) To prevent the introduction of pollutants into the Authority wastewater
system that will interfere with the normal operation of the system, including
interference with the use or disposal of sludge, or contaminate the resulting
sludge;
(2) To prevent the introduction of pollutants into the POTW, and which will
pass through the system into receiving waters or the atmosphere or which
are otherwise incompatible with the system;
(3) To improve the opportunity to recycle or reclaim wastewater and sludge
from the system;
(4) To provide for the equitable distribution of the cost of operation,
maintenance, and improvement of the POTW;
(5) To prevent the entrance of pollutants into watercourses within the City and
to maintain the quality of water consistent with public health and
enjoyment;
(6) To ensure that the quality of wastewater treatment plant sludge is
maintained at a level that allows its use and disposal in compliance with
applicable statutes and regulations;
(7) To protect POTW personnel who may be affected by wastewater and sludge
in the course of their employment and to protect the general public; and
(8) To enable the City to comply with its contracts with the City of Fort Worth
and the City of Arlington and to enable the Trinity River Authority and the
City of Fort Worth to comply with their NPDES or TPDES permit
conditions, sludge use and disposal requirements, and any other Federal and
State laws to which the POTW is subject.
(d) The regulation of discharges into the Authority's wastewater system under this
Division shall be accomplished through the issuance of permits, as specified in Section 23 -125,
and by monitoring and inspection of facilities, according to this Division.
(e) The Director shall have the authority to promulgate such administrative regulations
that are consistent with this Chapter and necessary for the enforcement of this Division.
Page 15
(f) For the purpose of promoting consistency of enforcement throughout the City's
jurisdiction and service areas, the Director shall promulgate an enforcement response plan ( "ERP).
Upon adoption by the City Council, the ERP shall be incorporated into this Division as if set forth
herein.
(g) The Director is authorized to administer, implement, and enforce the provisions of
this Division. Additionally, the Director is authorized to make inspections pursuant to this
Division and to take enforcement action against violators.
Sec. 23 -123. Prohibited discharges.
(a) DISCHARGES TO STORM DRAINS AND WATERCOURSES
It shall be unlawful for any person to discharge or cause to be discharged any wastewater
into any storm drain or watercourse within the City, except for those persons with approved
permits for such discharges.
(b) GENERAL PROHIBITED DISCHARGES
(1) No person shall discharge or cause to be discharged any storm water, surface water,
ground water, artesian well water, roof runoff, subsurface drainage, and unpolluted
wastewater or drainage from downspouts, yard drains, yard fountains and ponds, or
lawn sprays into any sanitary sewer.
(2) Water from unpolluted industrial water or cooling water from various equipment
shall not be discharged into sanitary sewers if an alternate acceptable means of
disposal is available. If an alternate acceptable means of disposal is not available,
such water may be discharged into the sanitary sewer with the approval of the City.
(3) 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
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.
(c) PROHIBITED SEWER CONNECTIONS
It shall be unlawful for any person to deposit or discharge into the sanitary sewer any liquid
or solid waste, including trucked or hauled wastes, unless such deposit or discharge has been
approved by the Authority.
(d) SPECIFIC DISCHARGE PROHIBITIONS
No person shall contribute or cause to be discharged directly or indirectly, into any public
sanitary sewer any of the following described substances, materials, water or waste:
Page 16
(1) Temperature Any liquid or vapor having a temperature higher than one hundred
fifty degrees Fahrenheit (150E F), sixty -five degrees Centigrade (65E C) or a
temperature which inhibits or interferes with biological activity in the POTW
treatment plant. In no case shall wastewater be introduced which would have a
temperature exceeding one hundred and four degrees Fahrenheit (104E F) or folly
degrees Centigrade (40E C) upon entering the POTW treatment plant.
(2) Solidifying. Substance Any water or waste which contains wax, grease, oil,
petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, plastic
or other substance that will solidify or become discernibly viscous at temperatures
between thirty -two degrees (32E) to one hundred fifty degrees (150E F) Fahrenheit,
thereby contributing to the clogging, plugging or otherwise restricting the flow of
wastewater through the collection system;
(3) Explosive Pollutants which create a fire or explosion hazard in the sewer system
or POTW, including, but not limited to, waste streams with a closed cup flashpoint
of less than one hundred forty degrees Fahrenheit (140E F) sixty degrees
Centigrade (60E C) using the test methods specified in 40 CFR Part 261.21. This
includes flammable or explosive liquids, solids or gases such as gasoline, kerosene,
benzene, naphtha, etc., which by reason of their chemical properties or quantity
may be sufficient, either alone or by interaction, to cause fire or explosion.
(4) Obstruction Solid or viscous substances in quantities capable of causing
obstruction in the flow in sewers or other interference, such as, but not limited to,
ashes, cinders, asphalt, concrete, cement, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings,
entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or
bulk solids;
(5) Garbage. Any garbage that has not been properly comminuted or shredded to such
a degree that all particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than one -half (1/2) inch in any
dimension;
(6) Gases Any noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient to create a
public nuisance or a hazard to life, or to prevent entry into the sewers for
maintenance and repair;
(7) Sludge. Any substance which may cause the POTW's effluent or treatment
residues, sludges, or scums, to be unsuitable for reclamation and reuse or to
interfere with the reclamation process as determined pursuant to criteria in this
Division. In no case, shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act or any criteria, guidelines or
regulations affecting sludge use or disposal developed pursuant to the Solid Waste
Page 17
Disposal Act, the Resource Conservation and Recovery Act, the Clean Air Act, the
Toxic Substances Control Act, or State standards applicable to the sludge
management method being used;
(8) TPDES Any substance which will cause the POTW to violate its TPDES or other
disposal system permits, or the receiving stream water quality standards;
(9) Objectionable Color Any substance with objectionable color which cannot be
removed by the treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions;
(10) Slugload Any dump or slugload;
(11) Hazard to human life Any wastewater which causes a hazard to human life or
creates a public nuisance;
(12) Toxicity Test Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail a toxicity test;
(13) Swimming Pool Swimming pool drainage from private residential pools may not
be discharged to the sanitary sewer system. Swimming pool drainage from public
and semi - public swimming pools may be discharged to the POTW with the prior
consent of the Authority. Swimming pool filter backwash may be discharged to
the POTW;
(14) Detergents Detergents, surface- active agents, or other substances which may
cause excessive foaming in the POTW;
(15) Medical Waste Medical wastes, except as specifically authorized by the
Authority in a wastewater discharge permit;
(16) Pollutants 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.
(17) Interference Any Pollutant, 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.
(18) Oils. Petroleum oil, non - biodegradable cutting oil, or product of mineral oil origin
in amounts that will cause Interference or Pass Through.
(19) Trucked or Hauled Pollutants Trucked or hauled pollutants, except at discharge
points designated by the Authority in accordance with Section 23- 123(c).
Page 18
(20) pH. Pollutants which will cause corrosive structural damage to the POTW, but in
no case discharges with pH lower than 5.0, unless the works is specifically
designed to accommodate such discharges.
(21) Oil and rg •ease
(A) For facilities discharging to the City of Fort Worth Village Creels
Wastewater Treatment Facility:
(i) Petroleum oil, non - biodegradable cutting oil, or non polar products
of mineral oil origin in concentrations greater than two hundred
(200) mg/L; or
(ii) Visible free floatable polar oils, fats, or grease or a concentration
greater than two hundred (250) mg/L in wastewater discharged from
Industrial or commercial facilities into the POTW.
(iii) In no case shall discharges in amounts that cause interference or
operational problems with the POTW be allowed.
(B) For facilities discharging through the City of Arlington to Trinity
River Authority Central Regional Wastewater System: Solid or viscous
substances in amounts which will cause obstruction of the flow in the
POTW resulting in interference but in no case solids greater than one -half
(1/2) inch in any dimension of fats, oil and grease measured as total oil and
grease in excess of two hundred (200) mg/L.
(22) BTEX BTEX concentration greater than 1.0 mg /L.
(23) Gases Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of ten (10)
parts per million.
(24) Radioactive Radioactive wastes or isotopes with a half -life or concentration
exceeding limits established by the Authority in compliance with applicable State
or federal regulations.
(25) Toxic s . Toxic pollutants in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, or to pass through the treatment plant and
impair aquatic life in receiving water, as expressed by the results of acute or chronic
toxicity tests of the POTW effluent.
(26) Cate o� rical Pollutants in excess of the limitations established in an applicable
categorical pretreatment standard set forth in Title 40 of the Code of Federal
Regulations.
Page 19
(27) Explosive Wastewaters which emanate vapors causing the atmosphere in the
sewer system to exceed twenty percent (20 %) of the lower explosive limit in the
inunediate area of the discharge.
(e) WASTEWATER LIMITATIONS
No person shall contribute or cause to be discharged, directly or indirectly, into any
sanitary sewer any wastewater containing or having:
(1) Acids or alkalies Acids or alkalies capable of causing damage to sewage disposal
structures or personnel or having a pH value:
(A) lower than 5.0 or higher than 12.0 for discharges to Fort Worth; or
(B) lower than 5.5 or higher than 11.0 for discharges to TRA.
(2) Local limits Metals in the form of compounds or elements with total
concentrations exceeding the following:
INSTANTANEOUS
MAXIMUM ALLOWABLE
DISCHARGE LIMIT (mg/L)
For Dicharges
For Discharges
to TRA
to Fort Worth
Arsenic 0.2
0.25
Cadmium 0.1
0.15
Chromium 2.9
5.0
Copper 2.3
4.0
Lead 0.9
2.9
Mercury 0.0004
0.01
Molybdenum 0.8
No Limit
Nickel 4.6
2.0
Selenium 0.1
No Limit
Silver 0.8
1.0
Zinc 8.0
5.0
TTO 2.13
No Limit
(3) Cyanide Cyanide or cyanogen compounds (expressed as total Cn) in excess of:
(A) 1.0 mg /L for discharges to Fort Worth; and
(B) 0.5 mg /L for discharges to TRA.
Page 20
(4) Best Management Practices The Director may develop Best Management
Practices (BMPs), by ordinance or in individual wastewater discharge permits, to
help implement Local limits and other pretreatment standards.
(5) A person commits an offense if with criminal negligence the person processes or
stores pollutants, substances, or wastewater prohibited by this section in such a
manner that they could be discharged to the POTW.
(f) ACCIDENTAL DISCHARGE /SLUG DISCHARGE CONTROL PLAN
The Director shall evaluate whether each SIU needs an accidental discharge /slug discharge
control plan or other action to control Slug Discharges at the time of SIU determination or at least
by the first year. All the activities associated with slug control evaluation and results are to be
kept in the Industrial User file. The Director may require any User to develop, submit for approval,
and implement such a plan or take such other action that may be necessary to control Slug
Discharges. Alternatively, the Director may develop such a plan for any User. An accidental
discharge /slug discharge control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Authority of any accidental or slug
discharge, as required by Section 23- 124(b); and
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants, including solvents,
and /or measures and equipment for emergency response.
(g) INTERCEPTORS REQUIRED
Where any wastewater may contain sand, grit, debris, undesirable wastes or oil and grease
in excess of the allowable limit, appropriate interceptors to remove the aforementioned substances
shall be provided and maintained by the person contributing to or causing the discharge, directly or
indirectly, at his /her own expense and as required by the Authority. Such dischargers shall:
(1) Direct all waste streams, which may contain oil, grease, sand, grit, and solids into
an approved interceptor or other pretreatment device approved by the Authority.
(A) All fixtures, equipment, and drain lines located in a facility's food
preparation and clean up areas shall be connected to an interceptor.
Page 21
(B) The following types of equipment or fixtures shall be connected to a grease
interceptor: pre -rinse or pre -wash sinks or sinks in dishwashing areas;
dishwashers; two or three compartment sinks; wok stoves; garbage
disposals; kitchen floor drains; floor sinks; mop sinks; food prep sinks; and
hand sinks.
(2) Provide equipment and facilities of a type, design and minimum capacity approved
by the Authority.
(A) Interceptors designed to remove oil and grease shall be designed to hold one
hundred percent (100 %) of the discharger's estimated waste stream for a
minimum of twelve (12) minutes.
(i) The interceptor shall have a minimum of two compartments and a
minimum of two baffles.
(ii) The interceptor shall be capable of separation and retention of
grease and storage of settled solids.
(iii) The interceptor shall be designed, constructed, and installed for
adequate load bearing capacity.
(iv) A manhole cover shall be installed over each compartment of
sufficient size to accommodate cleaning and maintenance.
(v) The interceptor shall be installed in a location outside of the
building.
(vi) The interceptor size shall be based on the following calculation or as
determined by the Authority.
Total fixture waste stream x 40% x 12 minutes = interceptor
capacity
1 The total fixture estimated waste stream is determined by adding
the diameters (in inches) of all drains discharging into the
interceptor and multiplying this number by 7.5.
2 In gallons.
(3) Dischargers who discharge extraordinary amounts of abnormal waste may be
required to have a higher than minimum capacity interceptor.
(4) Locate the interceptor in a manner that provides ready and easy accessibility for
monitoring, cleaning, and inspection.
Page 22
(5) Maintain the interceptor in an effective operating condition by completely cleaning
the interceptor and removing all accumulated wastes semi - annually or at a greater
frequency as needed to meet regulated discharge limits.
(6) No chemicals, enzymes, bacteria, or other chemical grease - reducing agents shall be
added to an interceptor.
(7) Provide monitoring facilities as detailed in the City of Arlington Water Utilities
Standard Specifications for Water and Sewer Construction, or as specified by the
Authority.
Sec. 23 -124. Special rules relating to industrial dischargers.
(a) COMPLIANCE WITH STANDARDS
(1) Applicable Laws All dischargers shall be subject to those federal, State, and local
requirements and limitations which are the most stringent. All limitations fisted in
this Division shall apply at the point where the wastewater is discharged to the
POTW.
(2) Dilution No discharger shall increase the use of potable or process water in any
way for the purpose of diluting a discharge as a partial or complete substitute for
adequate treatment to achieve compliance with the standards set forth in this
Division.
(3) Mass Limitations Where deemed appropriate the Authority may apply mass
limitation expressed in pounds per day of pollutant discharged.
(4) Categorical Pretreatment Standards
(A) Where a categorical pretreatment standard is expressed only in terms of
either the mass or the concentration of a pollutant in wastewater, the
Authority may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
(B) When wastewater subject to a categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, Director shall impose
an alternate limit using the combined waste stream 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.
Page 23
(D) A User may obtain a net gross adjustment to a categorical standard in
accordance with 40 CFR 403.25.
(b) ACCIDENTAL DISCHARGE
(1) Each discharger shall provide protection from accidental discharge of prohibited or
regulated materials or substances established by this Division. Where necessary,
facilities to prevent accidental discharge of prohibited materials shall be provided
and maintained at the discharger's cost and expense. When applicable, detailed
plans showing facilities and operating procedures to provide this protection shall be
submitted to the Authority for review, and shall be approved by the Authority
before construction of the facility. Review and approval of such plans and
operating procedures by the Authority shall not relieve the discharger from the
responsibility to modify its facility as necessary to meet the requirements of this
Division.
(2) Dischargers shall notify the Authority immediately upon the occurrence of a "slug"
or accidental discharge of substances prohibited by this Division. The notification
shall include location of discharge, date and time thereof, type of waste,
concentration and volume, corrective actions taken, and be signed by the
discharger's Authorized Representative. Within five (5) days following such
discharge, the User shall submit to the Director a detailed written report which
specifies:
A description and cause of the discharge, including location of the discharge, type,
concentration, and volume of water; duration of noncompliance including exact
dates and times of noncompliance and, if the noncompliance is continuing, an
immediate response to cause the noncompliant discharge to cease; and all steps
taken or to be taken to reduce, eliminate, and prevent continuation or recurrence of
such an upset, slug load, or accidental discharge, spill, or other conditions of
noncompliance. Any discharger discharging slugs of prohibited materials shall be
liable for any expense, loss or damage to the wastewater system and the POTW, in
addition to the amount of any fines imposed on the Authority under State or federal
law.
(3) A notice shall be permanently posted on the User's bulletin board or other
prominent place advising employees who to call in the event of a discharge
described in this subsection. Each employer shall instruct all applicable employees,
who may cause or discover such a discharge, with respect to emergency
notification procedure including the proper telephone number of the Authority to
be notified.
(c) WASTEWATER DISCHARGES INTO PRIVATE SEWER SYSTEMS
All dischargers who discharge wastewater into a private sewer system shall comply with
this Division including Section 23 -125, provided, however, that flow measurement may be based
Page 24
on metered water consumption. Each discharger shall provide an agreement, signed by the owner
of the sewer system, which authorizes the Authority's personnel to enter onto the owner's property
for purposes of inspection and monitoring of discharger's premises, and for enforcement pursuant
to the term of this Division.
(d) PROHIBITION OF BYPASS
(1) Bypass Bypass of a discharger's treatment equipment or treatment facility is
prohibited and the Authority may take enforcement action against the discharger
unless:
(A) The bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage; and
(B) There were no feasible alternatives to the bypass, such as use of auxiliary
treatment facilities, retention of untreated wastewater, or maintenance
during normal periods of downtime. This condition is not satisfied if, in
the exercise of reasonable engineering judgment, adequate back -up
equipment should have been installed to prevent a bypass which occurred
during normal periods of equipment downtime or maintenance; and
(C) The discharger submitted advanced, written notice of the need for a bypass.
(2) The discharger shall submit oral notice to the Authority of an unanticipated bypass
that exceeds categorical standards or other discharge limits within 24 hours of the
time the discharger becomes aware of the bypass. Written notice shall be provided
within 5 days of the time the discharger becomes aware of the bypass. The written
notice shall include a description of the bypass and its causes, duration of the
bypass, steps taken to prevent the reoccurrence of the bypass, and must be signed
by the Authorized Representative of the discharger.
(3) The Authority may approve an anticipated bypass, after considering its adverse
effects, if it determines that the bypass will meet all of the conditions of Section
23- 124(d)(1).
(e) NOTIFICATION OF HAZARDOUS WASTE DISCHARGES
All dischargers shall notify the Authority, the Control Authority, the EPA's Regional
Waste Management Division Director, and the Approval Authority in writing of any discharge
into a wastewater system or POTW of any substance, which, if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261. Any notification under this Subsection must be
submitted in conformance with 40 CFR Part 403.12 (p).
Page 25
(f) PRETREATMENT FACILITIES
(1) Users shall provide wastewater treatment as necessary to comply with this Chapter
and shall achieve compliance with all categorical pretreatment standards, local
limits, and the prohibitions set out in this Division 2 of this Chapter within the time
limitations specified by EPA or TCEQ, the State, or the Director, whichever is
more stringent.
(2) The User shall provide, operate, and maintain any facilities necessary for
compliance at the User's sole expense.
(3) The Director may require a User to submit detailed plans describing such facilities
and operating procedures to the Director for review. 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 Division.
See. 23 -125. Administration by permit.
(a) FACILITIES DISCHARGING TO THE CITY OF FORT WORTH VILLAGE CREEK
WASTEWATER TREATMENT FACILITY.
The permit procedures and regulations of this Section 23- 125(a) apply to an Industrial User
that discharges to the Village Creek Wastewater Treatment Facility in the City of Fort Worth.
(1) Wastewater discharge permit required.
(A) All nondomestic Users which discharge into the POTW shall be grouped
according to the following definitions:
(i) Group I - Significant Industrial Users.
(ii) Group II - Commercial facilities and Non - Significant Industrial
Users (NSIU). Those commercial facilities and Industrial Users
which are not included in Group 1. Examples include, but are not
limited to, automotive service shops, car washes, small food
processors, and photographic developing shops.
(iii) Group III - Classed high strength Users. Restaurants or other
businesses which can be classed according to any average strength
or abnormal strength of their wastewater.
(iv) Group IV - Wastewater haulers. Septage and chemical toilet waste
haulers desiring to discharge into the POTW. Waste must be
generated within the city's service area.
Page 26
(v) Group V - Ground water remediation dischargers. Dischargers who
are retrieving contaminated underground water, pretreating such
water, and then discharging into the POTW.
(vi) Group VI - Non - Significant Categorical Industrial User Industrial
User (NSCIU). Facility that never discharges categorical
wastewater even though categorical process(es) are located on -site.
(B) No Group I, Group IV or Group V or Group VI User shall discharge
wastewater into the POTW without first obtaining a wastewater discharge
permit from the Director.
(C) The Director may require any Group II or Group III User to obtain a
wastewater discharge permit. Within thirty (3 0) days after being notified by
the Director that a wastewater discharge permit is required, the User shall
submit a completed application in compliance with this article. After sixty
(60) days from the date a Group II or Group III User is notified by the
Director that a permit is required, the User shall cease discharge to the
POTW without a wastewater discharge permit.
(D) Any violation of the terms and conditions of a wastewater discharge permit
shall be deemed a violation of this article and subjects the wastewater
discharge permittee to the sanctions set out in this Division. 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.
(2) Permits. All Industrial Users determined by the city to be a significant Industrial
User shall submit a wastewater discharge permit application to the Authority on a
form provided by the Authority. For significant Industrial Users, an application
shall be filed with the Director at least ninety (90) days prior to the date upon which
any discharge will begin or recommence. Non - significant categorical Industrial
Users (NSCIU) and non- significant Industrial Users (NSIU) shall be required to
submit applications at dates specified by the Director. Incomplete or inaccurate
applications will not be processed and will be returned to the User for revision.
(A) The application shall contain:
(i) All information required by Section 23- 125(a)(4).
(ii) Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemical used or
stored at the facility which are, or could accidentally or intentionally
be, discharged into the POTW;
Page 27
(iii) Number and type of employee, hours of operation, and proposed or
actual hours of operation;
(iv) Each product produced by type, amount, process or processes, and
rate of production;
(v) Type and amount of raw materials processed (average and
maximum per day);
(vi) 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;
(vii) Time and duration of discharge; and
(viii) Any other information as may be deemed necessary by the
Authority to evaluate the wastewater discharge permit application.
(ix) All dischargers shall submit an Industrial Waste Questionnaire.
The questionnaire will be reviewed by the Public Works Utility
Superintendent or authorized representative. If deemed necessary,
dischargers may also be required to obtain a Permit as outlined
herein.
(B) No categorical Industrial User shall be allowed to discharge until issued a
valid permit.
(C) The Authority will evaluate the completed applications and data furnished
by the discharger and may require additional information. If, after
evaluation, the application is deemed satisfactory, then a wastewater
discharge permit shall be issued after the evaluation is complete. The
wastewater discharge permit shall be subject to the terms and conditions
specified herein and to the regulations of the Authority.
(D) If the application is denied, the applicant shall be notified in writing of the
reasons for such denial. If denial is based on the Authority's determination
that the applicant cannot meet the wastewater discharge limitations of this
Division, the Authority may specify that the applicant be required to
provide pretreatment of the waste before it is deemed acceptable for sewer
discharge.
(E) Where additional pretreatment and /or operation and maintenance activities
will be required to comply with this Division, pursuant to Section
23- 125(a)(4)(E), the discharger shall provide a declaration of the shortest
schedule by which the discharger will provide such additional pretreatment
and /or implement added operational and maintenance activities.
Page 29
(i) The schedule shall contain milestone dates for the commencement
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 Division including, but not
limited to dates, relating to hiring an engineer, completing
preliminary plans, completing final plans, executing contract(s) for
major components, commencing construction, completing
construction, and all other acts necessary to achieve compliance
with this Division.
(ii) The time increments established between milestone dates shall be
the shortest practicable for the completion of the required work.
Under no circumstances shall the Authority permit a time increment
for a single step in the compliance schedule to exceed 9 months.
The completion date in this schedule shall not be later than the
compliance date established for applicable categorical pretreatment
standards.
(iii) Not later than 14 days following each milestone date in the schedule
and the final date for compliance, the discharger shall submit a
progress report to the Authority, including a statement 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.
(F) Prior to the approval of a permit, unless exempted by the Authority, all
dischargers shall provide monitoring facilities to allow inspection,
sampling and/or flow measurement of wastewaters before entering the
sanitary sewer of the Authority. Each monitoring facility shall be located
on the discharger's premises; provided, however, where such location
would be impractical or cause undue hardship to the discharger, the
Authority may approve the placement of monitoring facilities in the public
street or sidewalk area. All monitoring equipment and facilities shall be
maintained in a safe and proper operating condition at the expense of the
discharger. Failure to provide proper monitoring facilities shall be
grounds for denial of a permit.
(3) PERMIT CONDITIONS. Permits are issued to a specific discharger for specific
operation and are not assignable to another discharger or transferable to any other
location without the prior written approval of the Authority.
Page 29
(A) Wastewater Discharge Permit Transfer may be transferred to a new owner
or operator only if the permittee gives advance notice to the Authority and
the Authority approves the wastewater discharge permit transfer. The
notice to the Authority must include a written certification by the new
owner or operator which:
(i) States that the new owner and /or operator has no immediate intent to
change the facility's operations and process;
(ii) Identifies the specific date on which the transfer is to occur; and
(iii) Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
(B) Wastewater Discharge Permit Requirements:
(i)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years;
(ii)
A statement that the wastewater discharge permit is nontransferable
without prior notification to the City in accordance with Section
23- 125(a)(3)(A), and provisions for famishing the new owner or
operator with a copy of the existing wastewater discharge permit;
(iii)
Effluent limits and Best Management Practices based on applicable
general pretreatment standards as set forth in CFR part 403,
categorical pretreatment standards, local limits, and State and local
law;
(iv)
Self- monitoring, sampling, reporting, notification, and
record - keeping requirements. These requirements shall include
and identification of pollutants (or Best Management Practices) to
be monitored, sampling location, sampling frequency, and sample
type based on federal, State, and local law; and
(v)
Permits shall contain a statement of the civil and criminal penalties
for violation of pretreatment standards and requirements and any
applicable compliance schedule. Such schedule may not extend the
time for compliance beyond that required by federal, State, and local
law.
(C) Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
Page 30
(i)
Limits on the average and /or maximum rate of discharge, time of
discharge, and /or requirements for flow regulation and equalization;
(ii)
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;
(iii)
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;
(iv)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW, the unit
charge or schedule of User charges and fees for the management of
the wastewater discharge to the POTW;
(v)
The unit charge of schedule of user charges and fees for
management of the wastewater discharge to the POTW;
(vi)
Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(vii)
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;
(viii)
Other conditions as deemed appropriate by the Authority to ensure
compliance with this Division, and State and federal laws, rules, and
regulations;
(ix)
Limits on the maximum wastewater constituents and characteristics
and location of approved discharge points; and
(x)
Requirements to control Slug Discharge, if determined by the
Director to be necessary.
(4) REPORTING
REQUIREMENTS FOR DISCHARGERS
(A) Baseline Report Within 180 days following the effective date for new or
revised
categorical pretreatment standards, or at least 90 days prior to
commencement of the introduction of wastewater into the POTW by a new
Page 31
discharger, any discharger subject to a categorical pretreatment standard
shall submit to the Authority a report (in a form provided by the Authority),
indicating the nature and concentration of all prohibited or regulated
substances contained in its discharge, and the average and maximum daily
flow in gallons. The report shall state whether the applicable categorical
pretreatment standards are being met on a consistent basis and, if not, what
additional O & M or pretreatment is necessary to bring the discharger into
compliance with the applicable categorical pretreatment standards. The
report shall also contain:
(i) Identifying Information The name and address of the facility,
including the name of the operator and owner.
(ii) Environmental Permits A list of any environmental control
permits held by or for the facility.
(iii) Description of Operations A brief description of nature, average
rate of production, standard Industrial classifications of the
operations) carried out by such User. This description should
include a schematic process diagram which indicates points of
discharge to the POTW from the regulated processes.
(iv) Flow Measurement Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream formula set out in 40 CFR
403.6(e).
(v) Measurement of Pollutants
a. The categorical pretreatment standards applicable to each
regulated process.
b. The result of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the
standard or by the Authority, of regulated pollutants in the
discharge from each regulated process. Instantaneous, daily
maximum, and long -term average concentrations, or mass,
where required, shall be reported. The sample shall be
representative of daily operations and shall be analyzed in
accordance with procedures set out in Section
23- 125(a)(4)(D)(ii). In cases where the standard requires
compliance with a best management practice or pollution
prevention alternative, the User shall submit documentation
as required by the City or the applicable standards to
determine compliance with the standard.
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C. Sampling must be performed in accordance with procedures
set out in Section 23- 125(a)(4)(D)(ii).
d. The User shall take a minimum of one representative sample
to compile the data necessary to comply with the
requirements of this paragraph. However, the Director 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. Historical data than can represent the current
discharge only can be accepted as a baseline report.
e. 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.
(vi) Certification A statement, reviewed by the User's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not whether additional operation and maintenance (O &M)
and /or additional pretreatment is required to meet the pretreatment
standards and requirements.
(vii) Compliance Schedule If additional pretreatment, best
management practices and /or O &M will be required to meet the
pretreatment standards, the shortest schedule by which the User will
provide such additional pretreatment and /or O &M must be
provided. 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 Division must
meet the requirements set out in Section 23- 125(a).
(viii) Signature and Certification All baseline monitoring reports shall be
signed by an Authorized Representative and certified by a qualified
professional as stated in 40 CFR Part 403.12(b)(6).
(B) 90 -Day Compliance Report Within 90 days following the date for final
compliance by the discharger with applicable categorical pretreatment
standards or 90 days following commencement of the introduction of
wastewater into the POTW by a new discharger, any discharger subject to
categorical pretreatment standards shall submit to the Authority a report
indicating the nature and concentration of all prohibited or regulated
substances contained in its discharge, and the average and maximum daily
flow in gallons. The report shall state whether the applicable categorical
Page 33
pretreatment standards or requirements are being met on a consistent basis
and, if not, what additional O & M or pretreatment is necessary to bring the
discharger into compliance with the applicable categorical pretreatment
standards or requirements, including best management practices. This
report shall be signed by an authorized representative of the discharger.
(C) Periodic Compliance Reports
(i) Any discharger subject to a categorical pretreatment standard made
a part of this Division shall submit to the Authority a report
indicating the nature and concentration of prohibited or regulated
substances in the effluent which are limited by the categorical
pretreatment standards hereof, including Best Management
Practices. Reports are required after the compliance date of such a
pretreatment standard, or in the case of a new discharger, after
commencement of the discharge, and are to be submitted at least
once every six months (on dates specified by the Authority).
(ii) In addition, where applicable, this report shall include a record of all
measured or estimated average and maximum daily flows. 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, taking into
consideration extenuating factors, may authorize the submission of
said reports on months other than those specified above.
(iii) In cases where the Pretreatment Standard requires compliance with
Best Management Practice (BMP) or pollution prevention
alternative, the User must submit documentation required by City or
the Pretreatment Standard necessary to determine the compliance
status of the User, and contributing information as is determined
necessary to account for water usage, materials recovery, or
disposal practices.
(iv) All Non - significant Categorical Industrial Users (NSCIU) shall
submit a report annually in the month specified by the Director.
The report shall be completed according to the City's current
reporting requirements, including the submittal of any applicable
certification statements and data obtained through appropriate
sampling and analysis performed during the period covered by the
report which data are representative of conditions occurring during
the reporting period.
(v) If the Director has determined that a Non- significant Industrial User
(NSIU) needs a permit, then the NSIU shall submit a report annually
Page 34
in the month specified by the Director. The report shall be
completed according to the City's current reporting requirements,
including the submittal of any applicable certification statements.
(vi) All periodic compliance reports shall be signed and certified in
accordance with Section 23- 125(a)(4)(I).
(vii) All wastewater samples shall 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 equipment in good working order shall not be grounds
for the User to claim that sample results are unrepresentative of its
discharge.
(viii) Non - detectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR Part 136 with the lowest minimum detection level for that
pollutant was used in the analysis.
(D) Analysis and Sampling Procedures
(i) All analyses shall be performed in accordance with procedures
contained in 40 CFR Part 136 and amendments thereto or with any
other test procedures approved by the Administrator of the EPA.
Sampling shall be performed in accordance with the techniques
approved by EPA. Where 40 CFR Part 136 does not include
sampling or analytical techniques for the pollutants in question, or
where EPA determines that the Part 136 techniques are
inappropriate for the pollutant in question, sampling and analyses
shall be performed using validated analytical methods or any other
sampling and analytical procedures, including procedures suggested
by the POTW or other parties, approved by EPA.
(ii) Sample Collection
a. Except as indicated in Subsection (ii) the User must collect
wastewater samples using 24 -hour flow proportional
composite collection techniques. In the event flow
proportional sampling is infeasible, the Authority may
authorize the use of time proportional sampling or a
minimum of four (4) grab samples where the User
demonstrates that this will provide a representative sample
of the effluent being discharged. Using protocols (including
appropriate preservation) specified in 40 CFR Part 136 and
appropriate EPA guidance, multiple grab samples collected
Page 35
during a 24 hour period may be composited prior to the
analysis as follows: for cyanide, total phenols, and sulfides
the samples may be composited in the laboratory or in the
field, for volatile organics and oil and grease, the samples
may be composited in the laboratory. Composite samples for
other parameters unaffected by the compositing procedures
as documented in approved EPA methodologies may be
authorized by the City, as appropriate. In addition, grab
samples may be required to show compliance with
instantaneous discharge limits.
b. Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides, and volatile organic compounds must be
obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and
90 day compliance reports required in [40 CFR 403.12(b)
and (d)], a minimum of four (4) grab samples must be used
for pH, cyanide, total phenols, oil and grease, sulfide and
volatile organic compounds for facilities for which historical
sampling data do not exist; for facilities for which historical
sampling data are available, the Director may authorize a
lower minimum.
d. For the reports required by (40 CFR 403.12(e) and
403.12(h)), the Industrial User is required to collect the
number of grab samples necessary to assess and assure
compliance by with applicable Pretreatment Standards and
Requirements.
(E) Reporting Additional Monitoring If an Industrial User subject to the
reporting requirements of this section monitors any pollutant more
frequently than required by the Authority, using the procedures prescribed
in Sections 23- 125(a)(4)(D) the results of this monitoring, including
chain -of- custody forms, shall be included in the report.
(F) Significant Industrial User Reporting Significant Industrial Users shall
submit to the Authority at least once every six months (on dates as specified
by the Authority) a description of the nature, concentration, and flow of the
pollutants required to be reported by the 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 23- 125(a)(4)(D). This sampling and analysis may be performed
by the Authority in lieu of the Significant Industrial User.
Page 36
(G) Notification of Changed Discharge Dischargers shall give prior written
notification to the Authority and the City of Fort Worth of any potential or
actual significant changes in the volume or character of pollutants in the
discharge.
(i) The notification to the Authority shall be received at least thirty (30)
days prior to change.
(ii) The 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.
(iii) The Authority may issue a wastewater discharge permit or modify
an existing wastewater discharge permit in response to changed
conditions or anticipated changed conditions.
(iv) For purposes of this requirement, significant changes include, but
are not limited to, flow increases or decreases of twenty percent
(20 %) or greater, the discharge of any previously unreported
pollutants, and the deletion of any pollutant regulated by this
Division or a permit issued pursuant to this Division.
(v) Significant Industrial Users that discharge wastewater to treatment
plants operated by the City of Fort Worth shall provide prior written
notification to the City and City of Fort Worth of changes to its
wastewater discharges and any changes at its facility that affect the
potential for a Slug Discharge.
(H) Authority Monitoring Sampling and analysis for the reports required by
Sections 23 -125 (a), (c)(1), (2), (3) and (6) above may be performed by the
Authority in lieu of the discharger. If all information required for the report,
including flow data, is collected by the Authority, the discharger will not be
required to submit the report.
(I) Signatory Requirements
(i) All applications and compliance reports submitted to the Authority
must contain the following certification statement and be signed by
the Authorized Representative:
"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
Page 37
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 and
for not reporting known violations, including possibility of fine and
imprisonment."
(ii) Annual Certification for Non - Significant Categorical Industrial
Users. A facility determined to be a Non Significant Categorical
Industrial User by the Director pursuant to Sections 23 -121 and
23- 125(a)(1) must annually submit the following certification
statement signed in accordance with the signatory requirements in
40 CFR 403.120(1). This certification must accompany an
alternative report required by the Director:
"Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical Pretreatment
Standards under 40 CFR _, I certify that, to the best of my
knowledge and belief that during the period from [month, day, year]
to [months, days, year].
a. The facility described as [facility name] met the definition of
a Non Significant Categorical Industrial User as described in
Section 23- 125(a)(1)(A).
b. The facility complied with all applicable Pretreatment
Standards and requirements during this reporting period;
and
C. The facility never discharged categorical process
wastewater on any given day during this reporting period.
d. This compliance certification is based on the following
information: "
(J) Wastewater Analysis When requested by the Authority, a User must
submit information on the nature and characteristics of its wastewater
within the time frame requested by the Authority. The Authority is
authorized to prepare a form for this purpose and may periodically require
Users to update this information.
(5) INSPECTION AND FLOW MEASUREMENT
(A) Inspection
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(i) At least once a year, the Director shall inspect and sample each
Significant Industrial User (SIU), NSCIU and NSIU to determine
compliance with the requirements of this Division. However, the
Director may inspect and sample each SIU as frequently as needed
during the pretreatment year. The Director shall evaluate whether
each SIU needs a plan to control slug discharges at the time of SIU
determination, or at least by the first year. The Authority, Control
Authority, TCEQ or EPA may inspect the facilities of any
discharger to determine compliance with the requirements of this
Division. The discharger shall allow the Authority, Control
Authority, TCEQ or EPA or their representatives to enter upon the
premises of the discharger at all reasonable hours for the purposes of
inspection, sampling, or examination of records. All reports and
records related to the provisions of this Division shall be made
available for copying and inspection by the Authority, Control
Authority, TCEQ or EPA, including documentation associated with
Best Management Practices. The Authority, Control Authority,
TCEQ or EPA shall have the right to set upon the discharger's
property such devices as are necessary to conduct sampling,
inspection, compliance monitoring and metering or measuring
operations. User shall provide ample room in or near the monitoring
facility to allow accurate sampling and preparation of samples and
analysis and whether constructed on public or private property, the
monitoring facilities should be provided in accordance with the
City's requirements and all applicable local construction standards
and specifications, and such facilities shall be constructed and
maintained in such manner so as to enable the City to perform
independent monitoring activities. The inspectors, agents or
representatives of the Authority, Control Authority, TCEQ or EPA
charged with the enforcement of this Division shall be deemed to be
performing a governmental function for the benefit and health and
welfare of the general public and neither the Authority, Control
Authority, TCEQ, EPA, nor any individual inspector, agent or
representative these agencies shall be held liable for any loss or
damage, whether real or asserted, caused or alleged to have been
caused as a result of the performance of such governmental
function. The failure or refusal of such owner or discharger to
comply with this provision shall be grounds for the disconnection of
water or sewer service to the facility.
Facilities regulated under this Division are subject to the authority
of the following agencies concerning access to information and
right of entry onto property for purposes of implementing and
enforcing federal and State pretreatment programs and other
applicable law: (i) the EPA under section 308 of the Federal Clean
Water Act (33 U.S.C. § 3318), as amended; and (ii) the Texas
Page 39
Commission on Enviromnental Quality (TCEQ), Water Code §§
26.014 and 26.015, as amended, and V.T.C.A., Health and Safety
Code §§ 361.032 and 361.037, as amended, provisions of the Texas
Water Code and Texas Health Safety Code. If entry is denied or if
a person in control cannot be located, the Director shall have every
recourse provided by law to secure entry. Such recourse shall
include the right to obtain a search warrant under the guidelines of
the Texas Code of Criminal Procedure; and for the purposes of
same, any person with enforcement authority under this Division is
hereby declared to be a "health officer."
(iii) The Industrial waste discharged or deposited into the sanitary
sewers shall be subject to periodic inspection and sampling as often
as may be deemed necessary by the Authority, Control Authority,
TCEQ or EPA. Samples shall be collected in such manner as to be
representative of the character and concentration the waste under
operational conditions. The laboratory methods used in the
examination of said waste shall be those set forth in 40 CFR Part
136. The determination of the character and concentration of
Industrial waste shall be made at such times and on such schedules
as may be established by the Authority, Control Authority, TCEQ or
EPA. Should a discharger desire a determination of the quality of
such Industrial waste be made at some time other than that
scheduled by the Authority, Control Authority, TCEQ or EPA, such
special determination may be made by the Authority, Control
Authority, TCEQ or EPA at the expense of the owner or discharger.
(iv) The Authority, Control Authority, TCEQ or EPA shall conduct
surveillance activities in order to identify, independent of
information supplied by Industrial Users, occasional and continuing
noncompliance with pretreatment standards. The Authority or
Control Authority shall inspect and sample the effluent from each
Significant Industrial User at least once a year. The result of such
activities shall be available to the Approval Authority upon request.
(B) NOV /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. Within ten (10) days submit to the Director a report which
addresses:
The time, date, location, processes, and operations associated with the
violation, and the personnel assigned responsibility and /or present during
the violation; the cause or probable cause of the noncompliance; and the
actions taken and implemented to meet permit conditions. The User shall
also repeat the sampling and analysis and submit the results of the repeat
Page 40
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
(i) The Control Authority performs sampling at the Industrial User at a
frequency of at least once per month; or
(ii) 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.
(iii) Measurement of Flow The volume of flow used in computing
sewage charges shall be based upon metered water consumption or
discharge as shown in the records of meter readings maintained by
the City's Water Department.
a. Where it can be shown to the satisfaction of the Director that
a substantial portion of the metered water does not enter the
sanitary sewer, the Director may require or permit the
installation of additional approved meters at the User's sole
expense, to measure the quantity of water actually entering
the sewer system. If approved by the Director, the
measured quantity of water actually entering the sewer
system will be used to determine the sewer service charge.
b. Any discharger who procures all or part of its water supply
from sources other than the City's Water Department, all or
part of which is subsequently discharged into the sanitary
sewer, shall install and maintain at its expense an effluent
meter or flow measuring device approved by the Director for
the purpose of determining the proper volume of flow to be
used in computing sewer service charges. Such meters or
measuring devices shall be read monthly.
C. If the Director determines that it is not practicable to
measure the quantity or quality of waste by the aforesaid
meters or monitoring devices, the quantity or quality of the
waste shall be determined in any manner or method the
Director may find practicable in order to arrive at the
percentage of water entering the sanitary sewage system of
the Authority and /or the quality of the sewage to be used to
determine the sewer service charge.
Page 41
(6) PERMIT MODIFICATIONS
(A) The Authority reserves the right to amend any permit issued hereunder in
order to assure compliance by the Authority with applicable laws and
regulations. The Authority may amend any permit for good cause
including, but not limited to the following:
(i) To incorporate any new or revised federal, State, or local
pretreatment standards or requirements.
(ii) Material or substantial alterations or additions to the discharger's
operation processes, or discharge volume or character which were
not considered in drafting the effective permit.
(iii) A change in any condition in either the Industrial User or the POTW
that requires either a temporary or permanent reduction or
elimination of the authorized discharge.
(iv) Information indicating that the permitted discharge poses a threat to
the Authority's or POTW's collection and treatment systems,
Authority or POTW personnel or the receiving waters.
(v) Violation of any terms or conditions of the permit.
(vi) Misrepresentation or failure to disclose fully all relevant facts in the
permit application or in any required reporting.
(vii) To correct typographical or other errors in the permit.
(viii) To reflect transfer of the facility ownership and /or operation to a
new owner /operator.
(ix) Upon request of the permittee, provided such request does not create
a violation of any applicable requirements, standards, laws, rules or
regulations.
(x) To incorporate, revise, or revoke new or existing Best Management
Practices.
(B) All categorical pretreatment standards promulgated and adopted by the
EPA after the effective date of this Division shall automatically become a
part of this Division. Where a discharger, subject to a categorical
pretreatment standard, has not previously submitted an application for a
permit as required by Section 23- 125(a), the discharger shall apply for a
permit from the Authority within 180 days after the promulgation of the
applicable categorical pretreatment standard by the EPA. In addition, the
Page 42
discharger with an existing permit shall submit to the Authority within 180
days after promulgation of an applicable categorical pretreatment standard,
the information required by Section 23- 125(a). The discharger shall be
informed of any proposed changes in its 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.
(7) CONFIDENTIAL INFORMATION
(A) All information and data submitted by a discharger to the Authority or
POTW may be submitted to any State or federal agency governing the
POTW. Such information shall be considered subject to public disclosure,
provided, however, that the discharger may request that information not be
subject to public disclosure, in accordance with 40 CFR Part 2 as follows:
(i) A discharger may assert a business confidentiality claim covering
pant or all of the information in a manner described below, and that
information covered by such a claim will be disclosed only by
means of the procedures set forth below.
(ii) If no claim of business confidentiality is asserted, all information
will be subject to public disclosure without further notice to the
discharger.
(B) Asserting Business Confidentiality Claim A discharger that is submitting
information to the Authority may assert a business confidentiality claim
covering the information by placing on or attaching to the information, at
the time it is submitted to the Authority, a cover sheet, stamped or typed
legend, or other suitable form of notice employing language such as "trade
secret," "proprietary," or "company confidential." Allegedly confidential
portions of otherwise nonconfidential documents should be clearly
identified by the discharger, and may be submitted separately to facilitate
identification and handling by the Authority. If the discharger desires
confidential treatment only until a certain date or until the occurrence of a
certain event, the notice should so state.
(C) Nothing in this Division shall prevent the disclosure of information and data
regarding the nature and content of a discharger's effluent, and the
frequency of discharge, or a standard or limitation to be met by the
discharger, and this information shall be available to the public with no
restrictions. Effluent data which cannot be held as confidential is as
defined in 40 CFR 2.302.
(D) The provisions of this subsection shall be subject to any public disclosure
requirements which may exist under the Texas Public Information Act,
Chapter 552 of the Texas Government Code, as amended.
Page 43
(8) DUTY TO REAPPLY
A User with an expiring wastewater discharge permit shall apply for wastewater
discharge permit re- issuance by submitting a complete permit application, in
accordance with Section 23- 125(a)(2) prior to the expiration of the User's existing
wastewater discharge permit. An expired permit will continue to be effective and
enforceable until the permit is reissued. The User will not be subject to penalties
if:
(A) the User has submitted a complete permit application at least sixty (60) days
prior to the expiration date of the User's existing permit; and
(B) the failure to reissue prior to expiration of the previous permit is not due to
any act or failure to act on the pant of the User.
(b) FACILITIES DISCHARGING THROUGH THE CITY OF ARLINGTON TO THE
TRINITY RIVER AUTHORITY CENTRAL REGIONAL WASTEWATER SYSTEM
The permit procedures and regulations of this Section 23- 125(b) apply to an Industrial User
that discharges to the Trinity River Authority through the City of Arlington.
(1) Permits.
(A) All Industrial Users determined by the Director to be a significant Industrial
User shall submit a wastewater discharge permit application to the
Authority on a form provided by the Authority. The application shall
contain:
(i) All information required by Section 23- 125(b)(3).
(ii) Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemical used or
stored at the facility which are, or could accidentally or intentionally
be, discharged into the POTW;
(iii) Number and type of employee, hours of operation, and proposed or
actual hours of operation;
(iv) Each product produced by type, amount, process or processes, and
rate of production;
(v) Type and amount of raw materials processed (average and
maximum per day);
Page 44
(vi) 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;
(vii) Time and duration of discharge; and
(viii) Any other information as may be deemed necessary by the
Authority to evaluate the wastewater discharge permit application.
(B) All dischargers shall submit an Industrial waste questionnaire. The
questionnaire will be reviewed by the public works utility superintendent or
authorized representative. If deemed necessary, dischargers may also be
required to obtain a permit as outlined herein.
(C) No categorical Industrial User shall be allowed to discharge until issued a
valid permit.
(D) The Authority will evaluate the completed applications and data furnished
by the discharger and may require additional information. If, after
evaluation, the application is deemed satisfactory, then a wastewater
discharge permit shall be issued after the evaluation is complete. The
wastewater discharge permit shall be subject to the terms and conditions
specified herein and to the regulations of the Authority.
(E) If the application is denied, the applicant shall be notified in writing of the
reasons for such denial. If denial is based on the Authority's determination
that the applicant cannot meet the wastewater discharge limitations of this
Division, the Authority may specify that the applicant be required to
provide pretreatment of the waste before it is deemed acceptable for sewer
discharge.
(F) Where additional pretreatment and/or operation and maintenance activities
will be required to comply with this Division, pursuant to Section
23- 125(b)(3)(E), the discharger shall provide a declaration of the shortest
schedule by which the discharger will provide such additional pretreatment
and /or implement added operational and maintenance activities.
(i) The schedule shall contain milestone dates for the commencement
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 Division including, but not
limited to dates, relating to hiring an engineer, completing
preliminary plans, completing final plans, executing contract(s) for
major components, commencing construction, completing
construction, and all other acts necessary to achieve compliance
with this Division.
Page 45
(ii) The time increments established between milestone dates shall be
the shortest practicable for the completion of the required work.
Under no circumstances shall the Authority permit a time increment
for a single step in the compliance schedule to exceed nine (9)
months. The completion date in this schedule shall not be later than
the compliance date established for applicable categorical
pretreatment standards.
(iii) Not later than fourteen (14) days following each milestone date in
the schedule and the final date for compliance, the discharger shall
submit a progress report to the Authority, including a statement 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
nine (9) months elapse between such progress reports to the
Authority.
(G) Prior to the approval of a permit, unless exempted by the Authority, all
dischargers shall provide monitoring facilities to allow inspection,
sampling and/or flow measurement of wastewaters before entering the
sanitary sewer of the Authority. Each monitoring facility shall be located on
the discharger's premises; provided, however, where such location would
be impractical or cause undue hardship to the discharger, the Authority may
approve the placement of monitoring facilities in the public street or
sidewalk area. All monitoring equipment and facilities shall be maintained
in a safe and proper operating condition at the expense of the discharger.
Failure to provide proper monitoring facilities shall be grounds for denial of
a permit.
(2) Permit conditions. Permits are issued to a specific discharger for specific
operation and are not assignable to another discharger or transferable to any other
location without the prior written approval of the Authority.
(A) Wastewater discharge permit transfer may be transferred to a new owner or
operator only if the permittee gives advance notice to the Authority and the
Authority approves the wastewater discharge permit transfer. The notice to
the Authority must include a written certification by the new owner or
operator which:
(i) States that the new owner and /or operator has no immediate intent to
change the facility's operations and process;
(ii) Identifies the specific date on which the transfer is to occur; and
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(iii) Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
(iv) Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as the date of facility transfer.
(B) Wastewater discharge permit requirements:
(i) A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years;
(ii) A statement that the wastewater discharge permit is nontransferable
without prior notification to the City in accordance with Section
23- 125(b)(2)(A), and provisions for furnishing the new owner or
operator with a copy of the existing wastewater discharge permit;
(iii) Effluent limits based on applicable general pretreatment standards
as set forth in CFR part 403, categorical pretreatment standards,
local limits, and State and local law;
(iv) Self- monitoring, sampling, reporting, notification, and
record - keeping requirements. These requirements shall include and
identification of pollutants to be monitored, sampling location,
sampling frequency, and sample type based on federal, State, and
local law; and
(v) Permits shall contain a statement of the civil and criminal penalties
for violation of pretreatment standards and requirements and any
applicable compliance schedule. Such schedule may not extend the
time for compliance beyond that required by federal, State, and local
law.
(C) Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
(i) Limits on the average and /or maximum rate of discharge, time of
discharge, and /or requirements for flow regulation and equalization;
(ii) 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;
(iii) Requirements for the development and implementation of spill
control plans or other special conditions including management
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practices necessary to adequately prevent accidental, unanticipated,
or non- routine discharges;
(iv) Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW, the unit
charge or schedule of User charges and fees for the management of
the wastewater discharge to the POTW;
(v) The unit charge of schedule of User charges and fees for
management of the wastewater discharge to the POTW;
(vi) Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(vii) 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;
(viii) Other conditions as deemed appropriate by the Authority to ensure
compliance with this Division, and State and federal laws, rules, and
regulations; and
(ix) Limits on the maximum wastewater constituents and characteristics
and location of approved discharge points.
(3) Reporting requirements for dischargers.
(A) Baseline report. Within one hundred eighty (180) days following the
effective date for new or revised categorical pretreatment standards, or at
least ninety (90) days prior to commencement of the introduction of
wastewater into the POTW by a new discharger, any discharger subject to a
categorical pretreatment standard shall submit to the Authority a report (in a
form provided by the Authority), indicating the nature and concentration of
all prohibited or regulated substances contained in its discharge, and the
average and maximum daily flow in gallons. The report shall state whether
the applicable categorical pretreatment standards are being met on a
consistent basis and, if not, what additional O & M or pretreatment is
necessary to bring the discharger into compliance with the applicable
categorical pretreatment standards. The report shall also contain:
(i) Identifying information. The name and address of the facility,
including the name of the operator and owner.
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Environmental permits. A list of any environmental control
permits held by or for the facility.
Description of operations. A brief description of nature, average
rate of production, standard Industrial classifications of the
operation(s) carried out by such User. This description should
include a schematic process diagram which indicates points of
discharge to the POTW from the regulated processes.
(iv) Flow measurement. Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream formula set out in 40 CFR
403.6(e).
(v) Measurement of pollutants.
a. The categorical pretreatment standards applicable to each
regulated process.
b. The result of sampling and analysis identifying the nature
and concentration, and /or mass, where required by the
standard or by the Authority, of regulated pollutants in the
discharge from each regulated process. Instantaneous, daily
maximum, and long -term average concentrations, or mass,
where required, shall be reported. The sample shall be
representative of daily operations and shall be analyzed in
accordance with procedures set out in Section 23- 125(b)(3).
C. Sampling must be performed in accordance with procedures
set out in Section 23- 125(b)(3).
(vi) Certification. A statement, reviewed by the User's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not whether additional operation and maintenance (O & M)
and /or additional pretreatment is required to meet the pretreatment
standards and requirements.
(vii) Compliance schedule. If additional pretreatment and /or O & M
will be required to meet the pretreatment standards, the shortest
schedule by which the User will provide such additional
pretreatment and/or O & M. The completion date in this schedule
shall not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule pursuant
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to this Division must meet the requirements set out in Section
23- 125(b).
(viii) Signature and certification. All baseline monitoring reports shall
be signed by an authorized representative and certified by a
qualified professional as stated in 40 CFR Pail 403.12(b)(6).
(B) Ninety -day compliance report. Within ninety (90) days following the date
for final compliance by the discharger with applicable categorical
pretreatment standards or ninety (90) days following commencement of the
introduction of wastewater into the POTW by a new discharger, any
discharger subject to categorical pretreatment standards shall submit to the
Authority a report indicating the nature and concentration of all prohibited
or regulated substances contained in its discharge, and the average and
maximum daily flow in gallons. The report shall state whether the
applicable categorical pretreatment standards or requirements are being met
on a consistent basis and, if not, what additional O & M or pretreatment is
necessary to bring the discharger into compliance with the applicable
categorical pretreatment standards or requirements. This report shall be
signed by an authorized representative of the discharger.
(C) Periodic compliance reports.
(i) Any discharger subject to a categorical pretreatment standard made
a part of this Division shall submit to the Authority a report
indicating the nature and concentration of prohibited or regulated
substances in the effluent which are limited by the categorical
pretreatment standards hereof. Reports are required after the
compliance date of such a pretreatment standard, or in the case of a
new discharger, after commencement of the discharge, and are to be
submitted at least once every six (6) months (on dates specified by
the Authority).
(ii) In addition, where applicable, this report shall include a record of all
measured or estimated average and maximum daily flows. 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, taking into
consideration extenuating factors, may authorize the submission of
said reports on months other than those specified above.
(D) Analysis and sampling procedures.
(i) All analyses shall be performed in accordance with procedures
contained in 40 CFR Part 136 and amendments thereto or with any
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other test procedures approved by the Administrator of the EPA.
Sampling shall be performed in accordance with the techniques
approved by EPA. Where 40 CFR Part 136 does not include
sampling or analytical techniques for the pollutants in question, or
where EPA determines that the Part 136 techniques are
inappropriate for the pollutant in question, sampling and analyses
shall be performed using validated analytical methods or any other
sampling and analytical procedures, including procedures suggested
by the POTW or other parties, approved by EPA.
(ii) Sample collection.
a. Except as indicated in Subsection b., the User must collect
wastewater samples using flow proportional composite
collection techniques. In the event flow proportional
sampling is infeasible, the Authority may authorize the use
of time proportional sampling or a minimum of four (4) grab
samples where the User demonstrates that this will provide a
representative sample of the effluent being discharged. In
addition, grab samples may be required to show compliance
with instantaneous discharge limits.
b. Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides, and volatile organic compounds must be
obtained using grab collection techniques.
(E) Reporting additional monitoring. If an Industrial User subject to the
reporting requirements of this section monitors any pollutant more
frequently than required by the Authority, using the procedures prescribed
in Section 23- 125(b)(3), the results of this monitoring shall be included in
the report.
(F) Significant Industrial User reporting. Significant Industrial Users shall
submit to the Authority at least once every six (6) months (on dates as
specified by the Authority) a description of the nature, concentration, and
flow of the pollutants required to be reported by the 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 23- 125(b)(3). This sampling and analysis may be
performed by the Authority in lieu of the significant Industrial User.
(G) Notification of changed discharge. Dischargers shall give prior written
notification to the Authority of any significant change in the volume or
character of pollutants in the discharge.
(i) The notification to the Authority shall be received at least thirty (30)
days prior to change.
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(ii) The 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.
(iii) The Authority may issue a wastewater discharge permit or modify
an existing wastewater discharge permit in response to changed
conditions or anticipated changed conditions.
(iv) For purposes of this requirement, significant changes include, but
are not limited to, flow increases or decreases of twenty percent
(20 %) or greater, the discharge of any previously unreported
pollutants, and the deletion of any pollutant regulated by this
Division or a permit issued pursuant to this Division.
(v) Significant Industrial Users that discharge wastewater to treatment
plants operated by the Trinity River Authority (TRA) shall provide
prior written notification to the City and the TRA of changes to its
wastewater discharges and any changes at its facility that affect the
potential for a Slug Discharge.
(H) Authority monitoring. Sampling and analysis for the reports required by
Sections 23- 125(b)(3)(A), (B), (C) and (F) above may be performed by the
Authority in lieu of the discharger. If all information required for the report,
including flow data, is collected by the Authority, the discharger will not be
required to submit the report.
(I) Signatory requirements. All applications and compliance reports
submitted to the Authority must contain the following certification
statement and be signed by the authorized representative:
"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 and for not reporting known
violations, including possibility of fine and imprisonment."
(J) Wastewater analysis. When requested by the Authority, a User must
submit information on the nature and characteristics of its wastewater
within the time frame requested by the Authority. The Authority is
authorized to prepare a form for this purpose and may periodically require
Users to update this information.
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(4) Inspection and flow measurement.
(A) Inspection.
(i) The Authority, Control Authority, TCEQ or EPA may inspect the
facilities of any discharger to determine compliance with the
requirements of this Division. The discharger shall allow the
Authority, Control Authority, TCEQ or EPA or their representatives
to enter upon the premises of the discharger at all reasonable hours
for the purposes of inspection, sampling, or examination of records.
All reports and records related to the provisions of this Division
shall be made available for copying and inspection by the Authority,
Control Authority, TCEQ or EPA. The Authority, Control
Authority, TCEQ or EPA shall have the right to set upon the
discharger's property such devices as are necessary to conduct
sampling, inspection, compliance monitoring and metering or
measuring operations. The inspectors, agents or representatives of
the Authority, Control Authority, TCEQ or EPA charged with the
enforcement of this Division shall be deemed to be performing a
governmental function for the benefit and health and welfare of the
general public and neither the Authority, Control Authority, TCEQ,
EPA, nor any individual inspector, agent or representative these
agencies shall be held liable for any loss or damage, whether real or
asserted, caused or alleged to have been caused as a result of the
performance of such governmental function. The failure or refusal
of such owner or discharger to comply with this provision shall be
grounds for the disconnection of water or sewer service to the
facility.
(ii) Facilities regulated under this Division are subject to the Authority
of the following agencies concerning access to information and
right of entry onto property for purposes of implementing and
enforcing federal and State pretreatment programs and other
applicable law: (i) the EPA under section 308 of the Federal Clean
Water Act (33 U.S.C. § 3318), as amended; and (ii) the Texas
Commission on Environmental Quality (TCEQ) tinder V.T.C.A.,
Water Code §§ 26.014 and 26.015, as amended, and V.T.C.A.,
Health and Safety Code §§ 361.032 and 361.037, as amended,
provisions of the Texas Water Code and Texas Health Safety Code.
(iii) The industrial waste discharged or deposited into the sanitary
sewers shall be subject to periodic inspection and sampling as often
as may be deemed necessary by the Authority, Control Authority,
TCEQ or EPA. Samples shall be collected in such manner as to be
representative of the character and concentration the waste under
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operational conditions. The laboratory methods used in the
examination of said waste shall be those set forth in 40 CFR Part
136. The determination of the character and concentration of
Industrial waste shall be made at such times and on such schedules
as may be established by the Authority, Control Authority, TCEQ or
EPA. Should a discharger desire a determination of the quality of
such industrial waste be made at some time other than that
scheduled by the Authority, Control Authority, TCEQ or EPA, such
special determination may be made by the Authority, Control
Authority, TCEQ or EPA at the expense of the owner or discharger.
(iv) The Authority, Control Authority, TCEQ or EPA shall conduct
surveillance activities in order to identify, independent of
information supplied by Industrial Users, occasional and continuing
noncompliance with pretreatment standards. The Authority or
Control Authority shall inspect and sample the effluent from each
significant Industrial User at least once a year. The result of such
activities shall be available to the approval authority upon request.
(B) NOV /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:
(i) The Control Authority performs sampling at the Industrial User at a
frequency of at least once per month; or
(ii) The Control Authority performs sampling at the Industrial User
between the time when the User performs its initial sampling and
the time when the User receives the results of this sampling.
(C) Measurement of flow. The volume of flow used in computing sewage
charges shall be based upon metered water consumption or discharge as
shown in the records of meter readings maintained by the City's water
department.
Where it can be shown to the satisfaction of the Director that a substantial
portion of the metered water does not enter the sanitary sewer, the Director
may require or permit the installation of additional approved meters at the
owner's expense, to measure the quantity of water actually entering the
sewer system. If approved by the Director, the measured quantity of water
actually entering the sewer system will be used to determine the sewer
service charge.
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Any discharger who procures all or pant of its water supply from sources
other than the city's water department, all or part of which is subsequently
discharged into the sanitary sewer, shall install and maintain at its expense
an effluent meter or flow measuring device approved by the Director for the
purpose of determining the proper volume of flow to be used in computing
sewer service charges. Such meters or measuring devices shall be read
monthly.
If the Director determines that it is not practicable to measure the quantity
or quality of waste by the aforesaid meters or monitoring devices, the
quantity or quality of the waste shall be determined in any manner or
method the Director may find practicable in order to arrive at the percentage
of water entering the sanitary sewage system of the Authority and /or the
quality of the sewage to be used to determine the sewer service charge.
(5) Permit modifications.
(A) The Authority reserves the right to amend any permit issued hereunder in
order to assure compliance by the Authority with applicable laws and
regulations. The Authority may amend any permit for good cause including,
but not limited to the following:
(i) To incorporate any new or revised federal, State, or local
pretreatment standards or requirements.
(ii) Material or substantial alterations or additions to the discharger's
operation processes, or discharge volume or character which were
not considered in drafting the effective permit.
(iii) A change in any condition in either the Industrial User or the POTW
that requires either a temporary or permanent reduction or
elimination of the authorized discharge.
(iv) Information indicating that the permitted discharge poses a threat to
the Authority's or POTW's collection and treatment systems,
Authority or POTW personnel or the receiving waters.
(v) Violation of any terms or conditions of the permit.
(vi) Misrepresentation or failure to disclose fully all relevant facts in the
permit application or in any required reporting.
(vii) To correct typographical or other errors in the permit.
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(viii) To reflect transfer of the facility ownership and /or operation to a
new owner /operator.
(ix) Upon request of the permittee, provided such request does not create
a violation of any applicable requirements, standards, laws, or rules
and regulations.
(B) All categorical pretreatment standards promulgated and adopted by the
EPA after the effective date of this Division shall automatically become a
part of this Division. Where a discharger, subject to a categorical
pretreatment standard, has not previously submitted an application for a
permit as required by Section 23- 125(b)(1), the discharger shall apply for a
permit from the Authority within one hundred eighty (180) days after the
promulgation of the applicable categorical pretreatment standard by the
EPA. In addition, the discharger with an existing permit shall submit to the
Authority within one hundred eighty (180) days after promulgation of an
applicable categorical pretreatment standard, the information required by
Section 23- 125(b)(2). The discharger shall be informed of any proposed
changes in its permit at least thirty (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.
(6) Confidential information.
(A) All information and data submitted by a discharger to the Authority or
POTW may be submitted to any State or federal agency governing the
POTW. Such information shall be considered subject to public disclosure,
provided, however, that the discharger may request that information not be
subject to public disclosure, in accordance with 40 CFR Part 2 as follows:
(i) A discharger may assert a business confidentiality claim covering
pail or all of the information in a manner described below, and that
information covered by such a claim will be disclosed only by
means of the procedures set forth below.
(ii) If no claim of business confidentiality is asserted, all information
will be subject to public disclosure without ftuther notice to the
discharger.
(B) Asserting business confidentiality claim. A discharger which is submitting
information to the Authority may assert a business confidentiality claim
covering the information by placing on or attaching to the information, at
the time it is submitted to the Authority, a cover sheet, stamped or typed
legend, or other suitable form of notice employing language such as "trade
secret," "proprietary," or 'company confidential." Allegedly confidential
portions of otherwise nonconfidential documents should be clearly
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identified by the discharger, and may be submitted separately to facilitate
identification and handling by the Authority. If the discharger desires
confidential treatment only until a certain date or until the occurrence of a
certain event, the notice should so state.
(C) Nothing in this Division shall prevent the disclosure of information and data
regarding the nature and content of a discharger's effluent, and the
frequency of discharge, or a standard or limitation to be met by the
discharger, and this information shall be available to the public with no
restrictions. Effluent data which cannot be held as confidential is as defined
in 40 CFR 2.302.
(D) The provisions of this subsection shall be subject to any public disclosure
requirements which may exist under the Texas Public Information Act,
V.T.C.A., Government Code Ch. 552, as amended.
(7) Duty. to reapply. A User with an expiring wastewater discharge permit shall apply
for wastewater discharge permit re- issuance by submitting a complete permit
application, in accordance with Sections 23- 125(b) prior to the expiration of the
User's existing wastewater discharge permit. An expired permit will continue to be
effective and enforceable until the permit is reissued. The User will not be subject
to penalties if:
(A) The User has submitted a complete permit application at least sixty (60)
days prior to the expiration date of the User's existing permit; and
(B) The failure to reissue prior to expiration of the previous permit is not due to
any act or failure to act on the part of the User.
Sec. 23 -126. Enforcement.
(a) NOTICE OF VIOLATION
(1) When the Director finds that any person has violated, or continues to violate, this
Division or any permit or order issued hereunder, the Director may issue to such
person a written notice of violation.
(2) No later than the tenth day after receipt of the notice, the violator shall submit to the
Director an explanation of the violation and a plan for the satisfactory correction
and prevention of a reoccurrence of the violation. Such plan shall include specific
actions to be taken by the violator.
(3) If the violator denies that any violation occurred, or contends that no corrective
action is necessary, he shall submit to the Director no later than the tenth day after
receipt of the notice, a written explanation of the basis of any such denial or
contention.
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(4) Submission of an explanation and /or plan in no way relieves a violator of liability
for any violations occurring before or after receipt of the notice of violation.
(5) Issuance of a notice of violation shall not be a bar against, nor a prerequisite for,
taking any other action against a violator.
(b) NON - EMERGENCY TERMINATION OF WATER SUPPLY AND /OR DISCHARGE
(1) A User who violates the following conditions is subject to the termination of its
city - provided water supply and /or its discharge:
(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, or sampling;
(e) Violation of the pretreatment standards of this Division;
(f) Pay sewer charges;
(g) Meet compliance schedules;
(h) Fulfill the conditions of its permit, or this Division, or to obey any final
judicial order with respect thereto;
(i) Failure to meet effluent limitations; including Best Management Practies,
based on applicable Pretreatment Standards; or
(g) Knowingly makes any false statements, representations, or certifications in
any application, record, report, plan, or other documentation filed, or
required to be maintained, pursuant to this Division or individual discharge
permit.
(2) Whenever the Authority finds that any User has engaged in conduct which justifies
non - emergency termination of water supply, pursuant to this Section 23- 126(b), the
Authority shall serve or cause to be served upon such User a written notice, either
by personal delivery or by certified or registered mail, return receipt requested,
notifying the User of the proposed termination of its water supply and /or discharge
and the nature of the alleged violation. The User may petition for a reconsideration
and hearing.
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(3) Within thirty (30) days of the date of receipt of the notice, the User shall respond in
person or in writing to the Authority with a report containing the following:
(a) the problem(s) per the NOV issued;
(b) the possible cause of the problem(s);
(c) the steps being taken to minimize or curtail the reoccurrence of the
problem(s).
(4) The User shall not recommence its discharge until the Director so authorizes and:
(a) The User presents proof satisfactory to the Director that the non - complying
discharge has ceased;
(b) The User presents proof satisfactory to the Director that the conditions
creating the threat of imminent and substantial danger have been
eliminated;
(c) The User pays the City for all costs the City will incur in reinstating
services.
(5) Exercise of this option by the Director shall not be a bar to, nor a prerequisite for,
taking any other enforcement action against the User.
(c) ADMINISTRATIVE ORDERS
Where the violation cited under Section 23- 126(a) is not corrected by means of
enforcement action listed in Section 23- 126(b), the following enforcement escalations may be
used. Terms may or may not be negotiated with an Industrial User.
(1) Consent Order An agreement between the Authority and the Industrial User
normally containing three elements: (1) compliance schedules (2) stipulated fines
or remedial actions; and (3) signatures of the Authority and Authorized
Representatives.
(2) Show Cause Order An order which directs the User to appear before the City to
explain its noncompliance and show cause why more severe enforcement actions
against the User should not be levied. Typically used after informal contacts or
NOV's have failed to resolve noncompliance; however, it can be used at anytime.
(3) Compliance Order An order which directs the Industrial User to achieve or
restore compliance by a date specified in the order. Terms need not be discussed
with the Industrial User in advance. Typically used when noncompliance cannot
be resolved without construction, repair, or process changes, or to require
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development of management practices, spill prevention programs, and other
pretreatment program requirements.
(4) Cease and Desist Order (Only for facilities discharging through the City of
Arlington to Trinity River Authority Central Regional Wastewater System),
An order that directs the noncompliant User to cease illegal or unauthorized
discharges immediately, or to terminate the discharge altogether. It is generally
used in situations where the discharge could cause interference or pass through, or
otherwise create an emergency situation.
(d) RIGHT OF APPEAL OF ADMINISTRATIVE RULING
Any discharger or any interested party shall have the right to request in writing an
interpretation or ruling by the Authority on any matter covered by this Division and shall be
entitled to a prompt written reply. In the event that such inquiry is by a discharger and deals with
matters of performance or compliance with this Division or deals with a permit issued pursuant
hereto for which enforcement activity relating to an alleged violation is the subject, receipt of a
discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written
reply; provided, however, the Authority may take any action it deems necessary to protect its
wastewater collection and treatment system or to comply with its TPDES permit or to comply with
any contract the Authority has for the treatment of wastewater.
(e) JUDICIAL PROCEEDINGS
The Authority, with respect to the conduct of any discharger contrary to the provisions of
this Division may authorize its attorney to commence any legal action in a court of competent
jurisdiction for equitable and /or legal relief.
(1) Injunctive Relief When the Authority finds that a User has violated, or continues
to violate, any provision of this Division, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement, the Authority
may petition, pursuant to Chapter 54 a District Court or other Court of proper
jurisdiction of Tarrant County, Texas through its Attorney for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or compels the
specific performance of the wastewater discharge permit, order, or other
requirement imposed by this Division on activities of the User. The 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 renrediation. A
petition for injunctive relief shall not be a bar against, or a prerequisite for, taking
any other action against a User.
(2) Civil Penalties The Authority may also seek to recover civil penalties of up to
$5,000 per day pursuant to section 54.017 of the Texas Local Government Code.
(3) Criminal Proceedings Notwithstanding any notice provisions contained in this
Division, any person who violates, disobeys, omits, neglects, or refuses to comply
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with or who resists the enforcement of any of the provisions of this Division
commits an offense. The person shall be fined not more than Two Thousand
Dollars ($2,000) for each offense per day.
(f) EMERGENCY SUSPENSION OF SERVICE & DISCHARGE PERMITS
(1) The Authority, may, for good cause shown, suspend water or wastewater service to
the discharger's facility when it appears to the Authority that an actual or threatened
discharge presents or may present an imminent or substantial danger to the health
or welfare of persons, substantial danger to the environment, interfere with the
operation of a POTW, violate any pretreatment limits imposed by this Division or
any Permit issued pursuant to this Division. Any discharger notified of the
suspension of the Authority's water or wastewater service and /or the discharger's
permit, shall within a reasonable period of time, as determined by the Authority,
cease all discharges. In the event of the failure of the discharger to comply
voluntarily with the suspension order within the specified time, the Authority may
commence judicial proceedings to compel the discharger's compliance with such
order or may immediately disconnect such discharger's service line from the City
water and sanitary sewer system. In the case of emergency disconnection of
service, the Director shall make a reasonable attempt to notify the owner or
discharger before disconnecting the service line. The party whose service has
been disconnected shall have an opportunity for a hearing on the issue of the illegal
discharge and the disconnection as soon as possible after such disconnection has
taken place.
(2) The Authority may reinstate the permit and/or the wastewater or water service upon
proof by the discharger of the cessation of the non - complying discharge or
elimination of conditions creating the threat of imminent or substantial danger as
set forth above. The water and /or wastewater service shall be reconnected at the
discharger's expense.
(g) AFFIRMATIVE DEFENSES.
(1) Affirmative defense to discharge violations for action in municipal or State court.
In an action brought in municipal or State court, if a person can establish that an
event that would otherwise be a violation of this Division or a permit issued under
this Division was caused solely by an act of God, war, strike, riot, or other
catastrophe, the event is not a violation of this Division or the permit. In an
enforcement proceeding, the User seeking to establish the occurrence of an act of
God, war, strike, riot, or other catastrophe shall have the burden of proof. In the
event that an act of God, war, strike, riot, or other catastrophe has been established
the User shall control production of all discharges to the extent possible until such
time as the reduction, loss, or failure of its treatment facility is restored or an
alternative method of treatment is provided.
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(2) Affirmative defense to upset In an action brought in federal court, it is an
affirmative defense to an enforcement action brought for noncompliance with
categorical pretreatment standards that the noncompliance was caused by upset, if
the User demonstrates, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(A) An upset occurred and the User can identify the cause(s) of the upset; 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
(B) Any discharger who experiences an upset in operations which places the
discharger in a temporary state of non - compliance with this Division shall
inform the Authority within 24 hours of first awareness of the
commencement of the upset. Where such information is given orally, the
Authority may at its discretion require the discharger to file a written report
within five working days. The report shall specify:
(i) Description of the upset, its cause and the upset's impact on a
discharger's compliance status.
(ii) 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.
(iii) All steps taken or to be taken to reduce, eliminate and prevent
recurrence of such an upset or other conditions of non - compliance.
(3) Affirmative defense to specific prohibited discharge standards It is an affirmative
defense in federal court to an enforcement action brought against a User for
noncompliance with the general prohibitions of Section 23- 123(b) or a specific
prohibition of Section 23- 123(d), that the User 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.
(4) An operating upset which was not the result of negligence on the part of the
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discharger, and which has been documented and verified in the manner stated
above shall be an affirmative defense to any enforcement action brought by the
Authority against a discharger for any non - compliance with the Division which
arises out of violations alleged to have occurred during the period of the upset.
(h) RECOVERY OF COSTS INCURRED BY THE AUTHORITY
Any discharger who discharges or causes a discharge producing a deposit or obstruction, or
causes damage to or impairs the Authority's wastewater system, shall be liable to the Authority for
any expense, loss, or damage caused by such violation or discharge. The Authority shall bill the
discharger for the costs incurred by the Authority for any cleaning, repair, or replacement work
caused by the violation or discharge. Failure to pay such bill may result in the termination of
water or wastewater service.
(i) FALSIFYING INFORMATION
Any person who makes any false statement, representation or certification in any
application, record, report, plan or other document filed or required to be maintained pursuant to
this Division, or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or
method required under this Division, shall, upon conviction, be punished as provided in Section
23- 126(e)(3).
(j) POTW PRETREATMENT REQUIREMENTS
All POTW's shall be able to seek injunctive relief for noncompliance by Industrial Users
with Pretreatment Standards and Requirements. All POTWs shall also have authority to seek or
assess civil or criminal penalties in at least the amount of $1,000 a day for each violation by
Industrial Users of Pretreatment Standards and Requirements. POTWs whose approved
Pretreatment Programs require modification to conform to the requirements of this subsection
shall submit a request for approval of a program modification in accordance with §403.18, unless
the State would be required to enact or amend a statutory provision, in which case the POTW shall
submit such a request.
Sec. 23 -127. Miscellaneous provisions.
(a) NET /GROSS CALCULATIONS
The Authority may elect to adjust categorical pretreatment standards to reflect the presence
of pollutants in the discharger's intake water, in accordance with 40 CFR Part 403.15.
(b) PRESERVATION OF RECORDS
All dischargers subject to this Division shall retain and preserve and make available for
inspection and copying, for no less than three (3) years, any records, books, documents,
memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring
activities, sampling and chemical analyses made by or on behalf of a discharger in connection with
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its discharge and required by this article, and any additional records of information obtained
pursuant to monitoring activities undertaken by the User independent of such requirements
including documentation associated with Best Management Practices established under Section
23- 123(e)(4). Records shall include the date, exact place, method, and time of sampling, and the
name of the person(s) taking the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results of such analyses. All records
which pertain to matters which are the subject of administrative adjustment or any other
enforcement or litigation activities brought by the Authority pursuant hereto shall be retained and
preserved by the discharger until all enforcement activities have concluded and all periods of
limitation with respect to any and all appeals have expired.
(c) COSTS OF ADMINISTERING PROGRAM
The Authority may make such charges, known as monitoring and pretreatment charges, as
are reasonable for services rendered in administering the programs outlined in this Division.
Such charges may include, but are not limited to:
(1)
permitting industrial facilities;
(2)
inspection;
(3)
sample analysis;
(4)
monitoring; and
(5)
enforcement.
(d) RIGHT OF REVISION
The Authority reserves the right to amend this Division to provide for more or less
stringent limitations or requirements on discharges to the sanitary sewer or POTW where deemed
necessary to comply with the objectives set forth in Section 23 -122.
(e) PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS
(1) For facilities discharging to the City of Fort Worth Village Creels Wastewater
Treatment Facility:
(A) A User shall be determined by the Authority to be in a state of significant
noncompliance if a User's violation meets one or more criteria listed in 40
CFR 403.8(1)(2)(viii). The Authority shall annually publish, in a
newspaper of general circulation that provides meaningful public notice
within the jurisdictions served by the City, a list of Users that have
significantly violated federal pretreatment requirements during the previous
twelve (12) months. The Director, shall be responsible for calculating the
Users who have committed significant violations.
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(B) Significant Industrial Users are subject to the SNC criteria listed in
paragraphs (i) through (viii) below. Group II non - significant Industrial
Users that have been issued a permit shall be subject to SNC criteria listed
in paragraphs (iii) through (viii) below. Group VI non - significant
categorical Industrial Users shall be subject to SNC criteria listed in
paragraphs (iii) through (viii) below. All other Industrial Users are subject
to the SNC criteria listed in paragraphs (iii), (iv) and (viii) of this Section.
Significant violation noncompliance (SNC) shall mean any of the
following:
(i) Chronic violations of wastewater discharge limits, defined here as
those in which sixty -six percent (66 %) or more of wastewater
measurements taken during a six -(6- )month period exceed the daily
maximum limit or average limit for the same pollutant parameter by
any amount;
(ii) Technical Review Criteria (TRC) violations, defined here as those
in which thirty -three percent (33 %) or more of wastewater
measurements taken for each pollutant parameter during a
six -(6- )month period equals or exceeds the product of the daily
numeric pretreatment standard or requirement including
instantaneous limits multiplied by the applicable criteria (1.4 for
BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH);
(iii) Any other discharge violation of a Pretreatment Standard or
Requirement as defined by 40 CFR 403.3(1) (Daily Maximum, long
term average, instantaneous limit or a narrative standard) that the
Authority believes has caused, alone or in combination with other
discharges, interference or pass through, including endangering the
health of POTW personnel or the general public;
(iv) Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Authority's
exercise of its emergency authority to halt or prevent such a
discharge;
(v) Failure to meet, within ninety (90) days, a compliance schedule
milestone contained in a wastewater discharge permit or
enforcement order for starting construction, completing
construction, or attaining final compliance;
(vi) Failure to provide within forty -five (45) days after the due date, any
required reports, including baseline monitoring reports, reports on
compliance with categorical pretreatment standard deadlines,
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periodic self - monitoring reports, and reports on compliance with
compliance schedules;
(vii) Failure to accurately report noncompliance; or
(viii) Any other violation(s), which may include a violation of Best
Management Practices, that the Authority determines will adversely
affect the operation or implementation of the local pretreatment
program.
(2) For facilities discharging to the Trinity River Authority Central Regional
Wastewater System through the City of Arlington:
(A) A User shall be determined by the Authority to be in a state of significant
noncompliance if a User's violation meets one or more criteria listed in 40
CFR 403.8 (1) (2) (vii). The Authority shall annually publish in the
Authority's official newspaper a list of Users that have significantly
violated federal pretreatment requirements during the previous twelve (12)
months. The Director, shall be responsible for calculating the Users who
have committed significant violations. Significant violation shall mean any
of the following:
(i) Chronic violations of wastewater discharge limits, defined here as
those in which sixty -six (66) percent or more of wastewater
measurements taken during a six -month period exceed the daily
maximum limit or average limit for the same pollutant parameter by
any amount;
(ii) Technical review criteria (TRC) violations, defined here as those in
which thirty -three (33) percent or more of wastewater
measurements taken for each pollutant parameter during a
six -month period equals or exceeds the product of the daily
maximum limit or the average limit multiplied by the applicable
criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other
pollutants except pH);
(iii) Any other discharge violation that the Authority believes has
caused, alone or in combination with other discharges, interference
or pass through, including endangering the health of POTW
personnel or the general public;
(iv) Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Authority's
exercise of its emergency authority to halt or prevent such a
discharge;
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(v) Failure to meet, within a stipulated deadline of the scheduled date, a
compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(vi) Failure to provide within thirty (30) days after the due date, any
required reports, including baseline monitoring reports, reports on
compliance with categorical pretreatment standard deadlines,
periodic self - monitoring reports, and reports on compliance with
compliance schedules;
(vii) Failure to accurately report noncompliance; or
(viii) Any other violation(s) which the Authority determines will
adversely affect the operation or implementation of the local
pretreatment program."
SECTION 3.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Kennedale, Texas (1992), as amended, except where the provisions of
this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which
event the conflicting provisions of such ordinances and such Code are hereby repealed. Ordinance
No. 308, adopted on August 11, 2005, is hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the pleases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since
the same would have been enacted by the City Council without the incorporation in this Ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
Notwithstanding any notice provisions contained in this Ordinance, any person, firm, or
corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the
enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand
Dollars ($2,000) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense. Additionally, the City may seek injunctive relief pursuant to section 54.016,
Texas Local Government Code and civil penalties of up to Five Thousand Dollars ($5,000) per day
pursuant to section 54.017, Texas Local Government Code.
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SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any and all
violations of the provisions of Chapter 23 which have accrued at the time of the effective date of
this Ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Kennedale is hereby directed to publish in the official
newspaper of the City of Kennedale, the caption, penalty clause, publication clause and effective
date clause of this Ordinance one (1) time within ten (10) days after the first reading of this
Ordinance as required by Section 3.10 of the Charter of the City of Kennedale.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVE' ED ON THIS 8 "' DAY OF DECEMBER 2011.
L 44,1, k1py'
Bryan Lankhorst, Mayor
ATTEST:
Amethyst G. rmo, City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Page 68
EXHIBIT "A"
Page 69
P RETREATMENT P ROGRAM
C ITY OF K ENNEDALE , T EXAS
DECEMBER 2011
P RETREATMENT P ROGRAM
C ITY OF K ENNEDALE , T EXAS
T ABLE OF C ONTENTS
P ART I ....................................................................................................................................................... 1
I. Purpose ........................................................................................................................................... 1
II. Elements of the Plan ....................................................................................................................... 1
III. Enforcement Response .................................................................................................................. 7
IV. Enforcement Response Matrix ....................................................................................................... 10
V. Sample Enforcement Documents ................................................................................................... 12
P ART II ..................................................................................................................................................... 24
I. Purpose ........................................................................................................................................... 24
II. Elements of the Plan ....................................................................................................................... 24
III. Enforcement Response .................................................................................................................. 26
IV. Enforcement Response Guide ........................................................................................................ 33
V. Enforcemen t Response Matrix ....................................................................................................... 36
VI. Sample Enforcement Documents ................................................................................................... 39
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E NFORCEMENT R ESPONSE P LAN
Overview: This Enforcement Response Plan (“ERP”) consists of two parts because some facilities
within the City of Kennedale discharge to the Trinity River Authority (“TRA”) Central Regional
Wastewater System, which is located in the City of Arlington, while other f acilities within the City
of Kennedale discharge to the Village Creek Wastewater Treatment Plant, which is located within
the City of Fort Worth. The treatment center to which a facility discharges determines the
appropriate procedures that must be followed.
I. PURPOSE
This document se ts forth the procedures to be followed by City personnel to facilitate the
identification, documentation, and response to pretreatment program violations.
II. ELEMENTS OF THE PLAN
A comprehensive and effective enforcement plan must reflect the City's pr imary
responsibility to enforce all applicable pretreatment standards and requirements. The City will enter
into a contract with the City of Arlington to provide personnel and testing services in its
enforcement response. Accordingly, the City of Arlington ’s Enforcement Response Plan is
incorporated into this document by reference.
A. Industrial User Inventory
An initial component of an enforcement plan is the industrial user inventory. The General
Pretreatment regulations require that an updated list o f industrial users be submitted on an annual
basis by the Control Authority to the Approval Authority, the Texas Commission on Environmental
Quality (“TCEQ”) in the year -end report. This list must contain information indicating whether
these industries are regulated by categorical standards, local limits, or both the categorical and local
limits.
A responsible party must be designated and assigned to maintain the Industrial User Master
Inventory, by keeping it accurate and up -to -date. Review of the Industr ial User Master Inventory
will be done quarterly and updated as required. The Industrial User Master Inventory will be
PART 1 : This portion of the ERP applies only to facilities that discharge through the City
of Arlington to TRA Central Regional Wastewater System.
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maintained in the pretreatment files; a current copy will be provided to the Water Resource Services
Manager, Water Resource Services, Ci ty of Arlington in December and June of each year.
The following will be available and utilized in maintaining an accurate Industrial User
Master Inventory:
City water records for commercial/industrial accounts;
Periodic review of area telephone books;
Pe riodic review of the Manufacturing Directories and the Manufacturer's Registers;
Physical inspections of commercial areas and industrial parks;
Contact and communication with City Departments, (i.e. Plumbing Inspection
Occupancy Permits) to learn of new connections; and
Industrial User Survey Questionnaires, to be completed by all users identified on the
Master Inventory.
Users on the Master Inv entory will be identified as to whether they are Significant Industrial
Users (SIUs) according to 40 CFR Part 403.3(v)(l). Upon a finding that a SIU identified under Part
403 has no potential for adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement, the Control Authority (City of Arlington and Trinity River Authority) may
determine that such industrial user is not a significant industrial user.
Users identified as SIUs and permitted will be subject to the Control Authority’s
Pretreatment Program (City of Arlington and TRA) in accordance with 40 CFR Part 403.8
Pretreatment Program Requirements: Development and implementation by POTW. Monitoring
and sampling shall be accomplished in such a manner that the results are admissible as evidence in
judicial proceedings.
Compliance data may be collected in two (2) ways:
1. Self -monitoring by industrial users, with findings reported to the City. Self -
monitoring requirements for industrial users are found in 40 CFR Part 403.12 and 40
CFR Part 136, as well as specific requirements that may be imposed by control
documents (permit) issued by the City. The results of all such self -monitoring, as
accomplished in accordance with 40 CFR Parts 403.12 and 136 shall be reporte d to
the City.
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2. Inspections and direct sampling by the City. The City will conduct monitoring and
sampling in accordance with 40 CFR Parts 403 and 136 and any applicable
pretreatment standard.
B. Compliance Tracking
Once collected and assimilated, all com pliance data must be systematically analyzed to
identify violations. This process must identify all violations, including those of a non -discharge
nature, and must accurately determine the compliance status of each significant user. Significant
Non -Complia nce (SNC) status of industrial users shall be determined and published using the
criteria for determining SNC by the Director of Public Works or his/her designee.
Personnel shall be assigned responsibility for initially screening all compliance data and
i dentifying all pretreatment violations concerning SIUs. Information shall be reviewed for
compliance associated with:
1. Program requirements;
2. Ordinance requirements;
3. Pretreatment requirements; and
4. Permit requirements.
Compliance status shall b e documented by use of standardized methods and procedures as
developed by the Control Authority (City of Arlington) unless the procedures and methods in use
are comparable and comprehensible. Such documentation will be kept on file in accordance with 40
C FR Part 403.12(o). The City will supply the Control Authority this documentation on no less than
a quarterly basis unless contractual agreements state otherwise.
C. Response Actions
Following the identification of a pretreatment violation, including the determination as to its
significance (in accordance with the General Pretreatment Regulations as revised), the most
appropriate enforcement response will be selected and applied. This response must be proportionate
to the violation severity, promote compli ance in a timely manner, and be authorized under State law
and the City’s Industrial Waste Ordinance.
The following is a list of enforcement response action alternatives that may be taken by the
City:
1. Notice of Violation
2. Administrative Orders
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A. Consen t Order
B. Show Cause Order
C. Compliance Order
D. Cease and Desist Order
3. Civil Litigation
A. Consent Decree
B. Injunction
C. Civil Penalty/Cost Recovery
4. General Complaint Citations
5. Criminal Prosecution
6. Termination of Sewer and/or Water Service
7. Supplemental Enforcement Actions (BMPs)
8. Public Notice (SNC)
9. Increased Monitoring and Reporting
A brief description of each of these response action alternatives is presented below,
including a sample of each where applicable. It should be no ted that the Enforcement Response
Guide, which constitutes the last section of this plan, clarifies the specific uses of each enforcement
action and includes the identification of which positions are authorized to issue specific orders or
initiate the appr opriate enforcement actions.
1. Notice of Violation - An official communication from the City to the noncompliant
industrial user that informs the user that a pretreatment violation has occurred. An
NOV has a multipurpose use, for either a non -significant violation or a significant
violation and is generally in conjunction with additional actions. Sample attached.
2. Administrative Orders - Enforcement documents that direct industrial users to
undertake or to cease specified activities. The terms may or may not be negotiated
with industrial users. It is generally used as the first formal response to significant
noncompliance, unless more severe action is justified, and may incorporate
compliance schedules, administrative penalties, and termination of service. The City
will utilize four types of Administrative Orders; a sample of each type of order is
attached.
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A. Consent Order - An agre ement between the City and the Industrial user
normally containing three elements: (1) compliance schedules; (2) stipulated
fines or remedial actions; and (3) signatures of City and industry
representatives.
B. Show Cause Order - An order which directs th e user to appear before the
City to explain its noncompliance, and show cause why more severe
enforcement actions against the user should not be levied. A show cause
order is typically used after informal contacts or NOVs have failed to resolve
noncomplia nce; however, it can be used at any time.
C. Compliance Order - An order that directs the industrial user to achieve or
restore compliance by a date specified in the order. The terms need not be
discussed with the industry in advance. The order is typica lly used when
noncompliance cannot be resolved without construction, repair, or process
changes, or to require development of management practices, spill
prevention programs, and other pretreatment program requirements.
D. Cease and Desist Order - An order that directs the noncompliant user to
cease illegal or unauthorized discharges immediately, or to terminate the
discharge altogether. The order is generally used in situations where the
discharge could cause interference or pass through, or otherwise cre ate an
emergency situation.
3. Civil Litigation - The formal process of filing lawsuits against industrial users to
secure court ordered action to correct violations and to secure penalties for violations
including the recovery of costs to the City for the noncompliance. Litigation is
normally pursued when the corrective action required is costly and complex, or
when the industrial user is considered recalcitrant and unwilling to cooperate. The
City will typically utilize three types of Civil Litigation:
A. Consent Decree – An agreement between the City and the industrial user
reached after the lawsuit has been filed and signed by the judge assigned to
the case.
B. Injunction – An agreement between the City and the industrial user reached
after the lawsuit has been filed and signed by the judge assigned to the case.
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C. Civil Penalties/Cost Recovery - Reimbursement to the City of all expenses
incurred in responding to noncompli ance, including restoration of the
physical plant, payment of medical treatment of injured employees, and
indemnification of the City for all fines assessed against it for discharge
permit violations, which is generally higher than administrative fines.
4. General Complaint Citations - Citations may be issued under the City's authority to
enforce ordinances. The citations are criminal actions administered through the
City's Municipal Court.
5. Criminal Prosecution - The formal process of charging individua ls and/or
organization with violations of ordinance provisions that are punishable (upon
conviction) by fines and/or imprisonment. The purpose of criminal prosecution is to
punish noncompliance through court proceedings and to deter future noncompliance.
6. Termination of Sewer and/or Water Service - The revocation of an industrial user's
privilege to discharge wastewater regulated by Pretreatment Services Division into
the City's sewer system. Termination may be accomplished by physical severance
of th e industry's connection to the sewer system, by use of an Administrative Order,
or by a court ruling. This action will be considered to be an appropriate response to
industries, which have not adequately responded to previous enforcement actions.
This ac tion requires prior notice to the industrial user sufficient to avoid backflows,
spills, or other harm to the treatment facility. A sample of such notice is attached.
The City's ordinance also provides for the termination of water service, in addition to
sewer service termination.
7. Supplemental Enforcement Actions: Best Management Practices (BMPs). When an
industrial user has demonstrated a history of noncompliance the City may, at its
discretion, require the Industrial User to initiate Best Management P ractices.
8. Public Notice - In accordance with 40 CFR 403.8(f)(2)(viii), the City must annually
publish a list of all industrial users who significantly violated applicable
pretreatment standard requirements during the pretreatment reporting year.
9. Increase d Monitoring and Reporting - When an industrial user has demonstrated a
history of noncompliance, the City may increase surveillance of that industry,
including additional self -monitoring and reporting.
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III. ENFORCEMENT RESPONSE GUIDELINES
The City's En forcement Response Guidelines designate several alternative enforcement
options for each type or pattern of noncompliance. Once a violation is identified, an appropriate
enforcement response action shall be selected from the short list of enforcement optio ns indicated
by the matrix on page 10.
The following factors must be considered when selecting a response action from the options
listed:
Magnitude and duration of the violation;
Good faith of the user;
Compliance history of the user;
Previous success of enforcement actions taken against the particular user;
Violation’s effect on the receiving waters;
Violation’s effect on the POTW; and
Economic benefit to the Industrial User of noncompliance.
By evaluating each of the above factors, the appropriate enforcement response action for the
particular violation involved will be selected by authorized City personnel.
The attached Enforcement Response Matrix identifies types of violations, indicates initial
and follow -up responses, and designates personnel r esponsible for administering each of these
responses. The guide is used as follows:
1. Locate the type of noncompliance in the first column and identify the most accurate
description of the violation.
2. Assess the appropriateness of the recommended respo nse(s) in column two. First
offenders or users demonstrating good faith efforts may merit a more lenient
response. Similarly, repeat offenders or those demonstrating negligence may require
a more stringent response.
3. Apply an enforcement response from column two to the industrial user. Specify
corrective action or other responses required of the industrial user, if any. The range
of responses in column two are arranged in an escalating order. Column three
indicates personnel responsible for administe ring each response, also in escalating
order.
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4. Follow -up with escalated enforcement action if the industrial user's response is not
received or violation continues.
A. Enforcement Escalation Plan
The City's Enforcement Escalation Plan is to be utilized to determine which enforcement
action is timely and appropriate, and to apply consistency throughout our program. The Escalation
Plan, as incorporated into the Matrix under the Enforcement Response and Personnel headings
(columns two and three, respectivel y) are a guideline for enforcement response after consideration
of the Enforcement Response Guide section listed above. Once the noncompliance and
circumstances have been identified in columns one and two, the range of responses (in column two),
is availab le to the enforcement agent(s). The personnel that can be involved in the enforcement
action are listed in column three.
Generally, the responses range from a Notice of Violation to the termination of sewer and/or
water service. If an industrial user fai ls to respond to the initial enforcement action (from column
two), or the Industrial User continues to remain in violation, then the next response would be
enacted in an expeditious manner, per the response timeframes outlined below.
B. Time Frames for R esponses
1. Self -monitoring reports are normally due on the 15 th day of the month following the
month in which the sample was collected. All self -monitoring reports are reviewed
upon receipt by the Pretreatment Services Division Quality Control Specialist and
violations will be identified and documented within a reasonable timeframe of
approximately ten (10) working days. Violations not related to self -monitoring will
be identified and documented within a reasonable time frame of approximately ten
(10) wor king days of receiving compliance information.
2. Initial enforcement responses, involving contact with the Industrial User and
requesting information on corrective or preventive action(s) will occur within fifteen
(15) working days of violation detection.
3. Follow -up actions for continuing or recurring violations will be taken within sixty
(60) days of the initial enforcement response. For any continuing violations, the
response will include a compliance schedule, if applicable.
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4. Violations, which threate n health, property, or environmental quality are considered
emergencies and will receive immediate responses such as halting the discharge or
termination of service.
5. All violations meeting the criteria for significant noncompliance will be addressed
with a n enforceable order. Significant noncompliance shall be identified four times
a year, in accordance with EPA guidelines.
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IV. ENFORCEMENT RESPONSE MATRIX
I. Non -Permitted Users:
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Failure to apply for a discharge permit NOV, with application form required to be returned in 30
days
PWD
2. Response time for application exceeded NOV; meeting with I.U. PWD
3. Noncompliance continues NOV; meeting; citation; order show cause PWD
II. Permitted Users
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Exceedance of discharge limits (single
offence in six month period)
Single offense; no other violations in past six months; NOV PWD
2. Recurring limit violations in six month
period
NOV; citation; require meeting with I.U.; increase sampling
frequency until consistent compliance is accomplished (one
year)
PWD
3. Slug load discharge or treatment bypass.
First offense within six months
NOV; request deve lopment of Slug/Spill Control Plan and or
TOMP (as appropriate)
PWD
4. Recurring slug load discharges or
treatment bypasses in six month
period
NOV; citation; Meeting with I.U. to review deficiencies of
Spill/Slug Control Plan and/or TOMP and submit corrections
with plans for consistent compliance; increase sampling
PWD
5. Noncompliance results in SNC NOV; citation; order show cause PWD
6. Violations that cause: The POTW to
bypass, have interference, and/or sludge
quality problem s; harm to the environment;
endangerment to life and/or property
NOV; citation; consent order, compliance order, order to
cease and desist; show cause; investigate; evaluate judicial
action; and/or termination of service
PWD, CA
III. Monitoring and Reporting
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Report less than 30 days late NOV PWD
2.Failure to report as required by
permit
NOV; citation; meeting with I.U. PWD
3. Reporting violation results in SNC NOV; citation; show cause PWD
4. Falsification
NOV; citation; consent order, compliance order, show cause;
Investigate; recommend judicial action; and/or termination of
service
PWD, CA
IV. Other Permit Issues
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1.Permit Prohibition violation; Initial
violation
NOV; meeting with I.U. PWD
2. Failure to properly operate and maintain a
pretreatment facility; initial violation
NOV; meeting with I.U. PWD
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3. Continued noncompliance NOV, citation; show cause PWD
V. Site Visits
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Denial of entry to facility; initial event NOV; meeting with I.U. PWD
2. Inadequate record keeping. Inspection
discovers files incomplete or missing; initial
event
NOV; I.U. required to maintain records PWD
3. Slug/Spill Control Plan and/or TOMP
found to be in violation.
NOV; citation; rescind acceptance of current plans; increase
monitoring; meet with I.U.; require plan revisions
PWD
4. Continuing noncompliance NOV; issue citation; consent order, compliance order, show
cause hearing with I.U. Investigate and recommend
additional judicial action and/or termination of service
PWD, CA
Abbreviations
SNC = Significant Noncompliance
NOV = Notice of Violation
TOMP = Toxic Organic Management Plan
I.U. = Industrial User
PWD = Public Works Director
CA = City Attorney
V. SAMPLE ENFORCEMENT DOCUMENTS
Notice of Violation response
NOVs will require a report from the Industrial User, which will contain (at a minimum):
1. The cause, or probable cause of the noncompliance;
2. The actions taken and implemented to meet permit conditions; and
3. Must be sent within 10 days of receiving the NOV to:
Director of Public Works
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
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Citations
Citations will be issued by (Personnel Responsible):
The recipient of a citation may:
Pay the fine (not more than $2,000 per day per event)
Seek adjudication
Request hearing
Adjudication
Probationary A recipient of a citation (first violation) in a six month period may request
adjudication. The period of probation will be for six months; any
violation of similar nature will be reason for levying of the probated fine.
Show Cause
Show Cause will be the resolution step to Significant Noncompliance. A panel of five
city personnel, including legal representatives, will preside. The I.U. may retain and bring legal
counsel. Show Cause panel discussions include, but are not limited to:
Compliance schedules
Fines
Increased monitoring frequency
Judicial action
Revocation of permit
Termination of service
Supplemental enforcement action (BMPs,)
Meeting With I.U.
A meeting with the I.U. will ensue preceding any recurring violation. The meeting will
be a means to "positively" communicate the issue at hand and come to a consensus for
remediation. The meeting will include:
I.U. representative(s)
Pretreatment services division personnel
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SAMPLE NOTICE OF VIOLATION (NOV)
CITY OF KENNEDALE
IN THE MATTER OF *
*
(NAME OF INDUSTRY) * NOTICE OF VIOLATI ON
(ADDRESS) *
LEGAL AUTHORITY
The following findings are made and notice issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Director by provisions of the City's Industrial
Waste Ordinance. This notice of violat ion is based on findings of violation of the conditions of
the wastewater discharge permit issued under City's Industrial Waste Discharge Regulations.
FINDINGS
1. City is charged with construction, maintenance and control of the sewer system
and treatmen t works.
2. To protect the sewer system and treatment works, the City administers a
pretreatment program.
3. Under this pretreatment program, (Name of industrial user) was issued a
discharge permit.
4. The discharge permit issued to (Name of industrial user) contained numerical
limits on the quality of pollutants, which (Name of industrial user) could
discharge and self -monitoring requirements.
5. On (Date), pollutant analysis revealed that the quantity of (pollutant) exceeded the
permit limitation.
NOTICE
THEREFORE, BASED ON THE ABOVE FINDINGS, (NAME OF INDUSTRIAL USER) IS
HEREBY NOTIFIED THAT:
It is in violation of its discharge permit and the sewer use ordinance of the City.
A written report, addressing
1. the cause or probable cause of the non -complianc e ;
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2. actions proposed or implemented to meet permit conditions, must be sent within
ten (10) days of receipt of this notice to the address
Signed:
Assigned:
Kennedale Water Department
Issued this day of 20 .
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SAMPLE CEASE AND DESIST ORDER
CITY OF KENNEDALE
WATER DEPARTMENT
IN THE MATTER OF *
*
(NAME OF INDUSTRIAL USER) * CEASE AND DESIST ORDER
(ADDRESS) *
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Water Director by provisions of the City's
Industrial Waste Discharge Regulations. This order is based on findings of viola tion of the
conditions of the wastewater discharge permit issued under City's Industrial Waste Discharge
Regulations.
FINDINGS
1. (Industrial User) discharges non -domestic wastewater containing pollutants into the
sanitary sewer system of the City.
2. (In dustrial User) is a "significant industrial user" as defined by City's Industrial Waste
Discharge Regulations.
3. (Industrial User) was issued a wastewater discharge permit on (date) which contains
prohibitions, restrictions and other limitations on the qu ality of the wastewater it
discharges to the sanitary sewer.
4. Pursuant to the ordinance and the above -referenced permit, data is routinely collected or
submitted on the compliance status of (Industrial User).
5. This data shows that (Industrial User) has violated the Industrial Waste Discharge
Regulations in the following manner:
a. (Industrial User) has continuously violated its permit limits for (pollutant type) in
each sample collected from (date) to (date).
b. (Industrial User) has also failed to comply with an administrative compliance
order requiring the installation of a pretreatment system and the achievement of
compliance with its permit limits by (date).
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c. (Industrial User) has failed to appear at a show cause hearing pursuant to an order
requiring said attendance.
ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRIAL USER) IS HEREBY
ORDERED TO:
1. Within 24 hours of receiving this order, cease all non -domestic discharges into the City's
sanitary sewer. Such discharges shall not reco mmence until such times as (Industrial
User) is able to demonstrate that it will comply with its current permit limits.
2. Failure to comply with this order may subject (Industrial User) to having its connection to
the sanitary sewer sealed by the City and assessed the costs therefore.
3. Failure to comply with this order shall also constitute a further violation of the Industrial
Waste Discharge Regulations and may subject (Industrial User) to civil or criminal
penalties or such other enforcement response as may be appropriate.
4. This order, entered this day of , 20 , shall be effective upon receipt by
(Industrial User).
Signed: _______________________________________
Public Works Director/ Director’s Authorized Representative
City of Kennedale
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SAMPLE CONSENT ORDER
CITY OF KENNEDALE
WATER DEPARTMENT
IN THE MATTER OF * CONSENT ORDER
*
(NAME OF INDUSTRIAL USER) *
(ADDRESS) *
CONSENT ORDER
WHEREAS, the City’s Water Department, pursuant to the powers, duties and responsibilities
vested in and imposed upon the Water Director by provisions of the City's Industrial Waste
Discharge Regulations, has conducted an ongoing investigation of (Industria l User) and has
determined that:
1. The City owns and operates a wastewater treatment plant which is adversely impacted by
discharges from industrial users, including (Industrial User), and has implemented a
pretreatment program to control such discharges.
2. (Industrial User) has consistently violated the pollutant limits in its wastewater discharge
permit as set forth in Exhibit I, attached hereto.
3. Therefore, to insure that (Industrial User) is brought into compliance with its permit
limits at the earl iest possible date, IT IS HEREBY AGREED AND ORDERED,
BETWEEN (Industrial User) AND THE WATER DIRECTOR, FOR THE CITY OF
KENNEDALE, that (Industrial User) shall:
a. By (date), obtain the services of a registered professional engineer specializing in
wastewa ter treatment for the purposes of designing a pretreatment system, which
will bring (Industrial User) into compliance with its wastewater discharge permit.
b. By (date), submit plans and specifications for the proposed pretreatment system to
the City for review.
c. By (date), install the pretreatment system in accordance with the plans and
specifications submitted in item b above.
d. By (date), achieve compliance with the limits set forth in Exhibit 1.
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e. (Industrial User) shall pay $1,000 per day for e ach and every day it fails to
comply with the schedule set out in items a -d above. The $1,000 per day penalty
shall be paid to the cashier of the Division of Pollution Control within 5 days of
being demanded by the City.
4. In the event (Industrial User) fails to comply with any of the deadlines set forth.
(Industrial User) shall within one (1) working day after expiration of the deadline, notify
the City in writing. This notice shall describe the reasons for (Industrial User's) failure to
comply, the ad ditional amount of time needed to complete the remaining work, and the
steps to be taken to avoid future delays. This notification in no way excuses (Industrial
User) from its responsibility to meet any later milestones required by this Consent Order.
5. Compliance with the terms and conditions of this Consent Order shall not be construed to
relieve (Industrial User) of its obligation to comply with its wastewater discharge permit,
which remains in full force and effect. The City reserves the right to see k any and all
remedies available to it under the City's Industrial Waste Discharge Regulations for any
violation cited by this order.
6. Violation of this Consent Order shall constitute a further violation of the City's Industrial
Waste Ordinance and subje cts (Industrial User) to all penalties described by Section
of the Industrial Waste Discharge Regulations.
7. Nothing in this Consent Order shall be construed to limit any authority of the City to
issue any other orders or take any other action which it deems necessary to protect the
wastewater treatment plant, the environment or the public health and safety.
SIGNATORIES
FOR (INDUSTRIAL USER)
_____________________________
Date Name (Industry)
FOR CITY OF KENNEDALE
___________________ _____________________________________
Date Public Works Director
/ Director’s Authorized Representative
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SAMPLE SHOW CAUSE ORDER
CITY OF KENNEDALE
WATER DEPARTMENT
IN THE MATTER OF *
* ADMINISTRATIVE
(NAME OF INDUSTRIAL USER) * SHOW CAUSE ORDER
(ADDRESS) *
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Director by provisions of the City's Industrial
Waste Discharge Regulations. This order is based on findings of violation of the conditions of
the wastewater discharge permit issued under City's Industrial Waste Ordinance.
FINDINGS
1. (Industrial User) discharges non -domestic wastewater containing pollutants into the
sanitary sewer system of the City of Kennedale (hereafter, "City").
2. (Industrial User) is a "significant industrial user" as defined by the City's Industrial Waste
Discharge Regulations.
3. (Industrial User) was issued a wastewater discharge permit on (date) which contains
prohibitions, restrictions, and other limitations on the qualit y of the wastewater it
discharges to the sanitary sewer.
4. Pursuant to the ordinance and the above -referenced permit, data is routinely collected or
submitted on the compliance schedule of (Industrial User).
5. This data shows that (Industrial User) has v iolated its wastewater discharge permit in the
following manner:
a. (Industrial User) has violated its permit limits for (pollutant type) in each sample
collected on (dates) for a total of (amount) separate violations of this permit.
b. (Industrial User) has failed to submit a periodic compliance report due (date).
c. All of these violations satisfy the City's definition of significant violation.
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ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRIAL USER) IS HEREBY
ORDERED TO:
1. Appear at a meeting with the Director to be held on (date), at (time) in the
____________________________________________________________________.
2. At this meeting, the Industrial User must demonstrate why the City should not pursue
judicial enforcement action again st the industry at this time.
3. This meeting will be closed to the public.
4. Representatives of (Industrial User) may be accompanied by legal counsel if they so
choose.
5. Failure to comply with this order shall also constitute a further violation of the Industrial
Waste Ordinance and may subject (Industrial User) to civil or criminal penalties or such
other appropriate enforcement response as may be appropriate.
6. This order, entered this day of 20___, shall be effective upon r eceipt by
(Industrial User).
Signed:
Director of Public Works / Director’s Authorized
Representative
City of Kennedale
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SAMPLE COMPLIANCE ORDER
CITY OF KENNEDALE
WATER DEPARTMENT
IN THE MATTER OF *
*
(NAME OF INDUSTRIAL USER) * ADMINISTRATIVE
(ADDRESS) * COMPLIANCE ORDER
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Water Director by provisions of the City's
Industrial Waste Discharge Regulations. This order is based on findings of violation of the
conditions of the wastewater discharge permit issued under City's Industrial Waste Ordinance.
FINDINGS
1. (Industrial User) discharges non -domestic wastewater containing pollutants into the
sanitary sewer system of the City of Kennedale (hereafter, "City").
2. (Industrial User) is a "significant industrial user" as defined by the City's Industrial Waste
Dis charge Regulations.
3. (Industrial User) was issued a wastewater discharge permit on (date), which contains
prohibitions, restrictions, and other limitations on the quality of the wastewater it
discharges to the sanitary sewer.
4. Pursuant to the ordinance and the above -referenced permit, data is routinely collected or
submitted on the compliance schedule of (Industrial User).
5. This data shows that (Industrial User) has violated its wastewater discharge permit in the
following manner:
a. (Industrial User ) has violated its permit limits for (pollutant type) in each sample
collected between (dates) for a total of (amount) separate violations of this permit.
b. (Industrial User) has failed to submit a periodic compliance report due (date).
c. All of these violations satisfy the City's definition of significant violation.
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ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRIAL USER) IS HEREBY
ORDERED TO:
1. Within 180 days, install pretreatment technology which will adequately treat (Industrial
User's) was tewater to a level which will comply with its wastewater discharge permit.
2. Within 5 days submit all periodic compliance reports due since (date).
3. Within 10 days, pay to the cashier's office of the Municipal Court, City of Kennedale, a
fine of $1,000.00 for the above -described violations in accordance with Section 23 -126,
of the Industrial Waste Discharge Regulations.
4. Report, on a monthly basis, the wastewater quality and the corresponding flow and
production information as described on Page of the wastewater discharge permit (No.
) for a period of one year from the effective date of this order.
5. All reports and notices required by this order shall be sent, in writing to the following
address: City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
6. This order does not constitute a waiver of the wastewater discharge permit which remains
in full force and effect. The City reserves the right to seek any and all remedies available
to it under Section 23 -126 of the Indu strial Waste Discharge Regulations for any
violation cited by this order.
7. Failure to comply with the requirements of this order shall constitute a further violation
of the Industrial Waste Discharge Regulations and may subject (Industrial User) to civil
or criminal penalties or such other appropriate enforcement response as may be
appropriate.
8. This order, entered this day of , 20_ , shall be effective upon receipt by
(Industrial User). Signed: _______________________________________
Public Works Director / Director’s Authorized
Representative, City of Kennedale
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CITY OF KENNEDALE
SUSPENSION OF WASTEWATER SERVICE ORDER
Date of Notice: _______________________________________________________________
Business or Individual: ________________________________________________________
Address: _____________________________________________________________________
Person Contacted/Title: _______________________________________________________
City Code Section Violation: ____________________________________________________
Results of Analysis: ___________________________________________________________
Due to the serious nature of your violation, the City is ordering you to immediat ely stop the
discharge of the effluent (in violation), and to eliminate any further industrial discharging by
5:00 P.M. , 20 .
In the event of your failure to voluntarily comply with this suspension order, the City shall take
suc h steps as deemed necessary including, but not limited to, immediate severance of your sewer
connection, to prevent or minimize damage to our POTW system or endangerment to any
individuals (City Code Section 23 -126(b) or (f)).
(Or record if refused to sign)
Signature of person contacted
Public Works Director / Director’s Authorized Representative
City of Kennedale
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I. PURPOSE
This document sets forth the procedures to be followed by City personnel to facilitate the
identification, documentation, and response to pretreatment program violations.
II. ELEMENTS OF THE PLAN
A comprehensive and effective enforcement plan must refle ct the City's primary
responsibility to enforce all applicable pretreatment standards and requirements. The City will enter
into a contract with the City of Fort Worth to provide personnel and testing services in its
enforcement response. Accordingly, th e City of Fort Worth’s Enforcement Response Plan is
incorporated into this document by reference.
A. Industrial User Inventory
An initial component of an enforcement plan is the industrial user inventory. The General
Pretreatment regulations require th at an updated list of industrial users be submitted on an annual
basis by the Control Authority to the Approval Authority, the Texas Commission on Environmental
Quality (“TCEQ”) in the year - end report. This list must contain information denoting whether t hese
industries are regulated by categorical standards, local limits, or both the categorical and local
limits.
A responsible party must be designated and assigned to keeping the Industrial User Master
Inventory accurate and up -to -date. Review of The Mas ter Inventory will be done quarterly and
updated as required. The Master Inventory will be maintained in the pretreatment files; a current
copy will be provided to the Manger, Pretreatment Services Division, City of Fort Worth in January
and July of each year.
The following will be available and utilized in maintaining an accurate Master Inventory:
City water records for commercial/industrial accounts;
Periodic review of area telephone books;
Periodic review of the Manufacturing Directories and the Manufa cturer's Registers;
Physical inspections of commercial areas and industrial parks;
PART 2 : This portion of the ERP applies only to facilities that discharge to Village Creek
Wastewater Treatment Plant in the City of Fort Worth.
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Contact and communication with City Departments, (i.e. Plumbing Inspection
Occupancy Permits) to learn of new connections; and
Industrial User Survey Questionnaires. These questionnaires are to be completed by
all users identified on the Master Inventory.
Users on the Master Inventory will be identified as to whether they are Significant Industrial
Users (SIUs) according to 40 CFR Part 403.3(v)(1). Upon a finding that a S IU identified under Part
403 has no potential for adversely affecting the POTW’s operation or for violating any pretreatment
standard or requirement, the Control Authority (City of Fort Worth and Trinity River Authority)
may determine that such industrial user is not a significant industrial user.
Users identified as SIUs, and permitted will be subject to the Control Authority’s
Pretreatment Program (City of Fort Worth and TRA) in accordance with 40 CFR Part 403.8
Pretreatment Program Requirements: Deve lopment and implementation by POTW. Monitoring
and sampling shall be accomplished in such a manner that the results are admissible as evidence in
judicial proceedings.
Compliance data may be collected in two (2) ways:
1. Self -monitoring by industrial u sers, with findings reported to the City. Self -
monitoring requirements for industrial users are found in 40 CFR Part 403.12 and 40
CFR Part 136 as well as specific requirements as may be imposed by control
documents (permit) issued by the City. The result s of all such self -monitoring, as
accomplished in accordance with 40 CFR Parts 403.12 and 136 shall be reported to
the City.
2. Inspections and direct sampling by the City. The City will conduct monitoring and
sampling in accordance with 40 CFR Parts 403 and 136 and any applicable
pretreatment standard.
B. Compliance Tracking
Once collected and assimilated, all compliance data must be systematically analyzed to
identify violations. This process must identify all violations, including those of a non -dis charge
nature, and must accurately determine the compliance status of each significant user. Significant
Non -Compliance (SNC) status of industrial users shall be determined and published using the
criteria for determining SNC by the Director of Public Wor ks or his/her designee.
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Personnel shall be assigned responsibility for initially screening all compliance data and
identifying all pretreatment violations concerning SIUs. Information shall be reviewed for
compliance associated with:
1. Program requir ements;
2. Ordinance requirements;
3. Pretreatment requirements; and
4. Permit requirements.
Compliance status shall be documented by use of standardized methods and procedures as
developed by the Control Authority (City of Fort Worth) unless the proce dures and methods in use
are comparable and comprehensible. Such documentation will be kept on file in accordance with 40
CFR Part 403.12(o). The City will supply the Control Authority this documentation on no less than
a quarterly basis unless contractu al agreements state otherwise.
III. ENFORCEMENT RESPONSE
A. Responsible Personnel
Pretreatment Services Division Environmental Specialist (SP) – As per contract, perform
compliance sample collection and pH measurements. Initiates industry contact at th e time pH
violations are detected by providing a written notice of pH violation and will verify initial attempts
of industry to adjust pH and Public Works Director responsible for a given industry are notified of
any pH violations detected in the field.
Pretreatment Services Division Senior Environmental Specialist (SS) – As per contract
designs sampling plan, conducts inspections, and enters report into database. Screens compliance
monitoring data, including inspection reports, detects noncompliance, lo gs violations and informs
the Public Works Director and of violations. Authorized to make telephone calls regarding
violations, serve informal warnings, prepare Notices of Violation (NOV), and prepare
recommendations for other enforcement action. Prepares annual list of significant violators for
publication for Significant Non -Compliance (SNC) using the criteria for determining SNC and
submit to Public Works Director for validation.
Pretreatment Services Division Quality Control Specialist (QS) – As per c ontract, reviews
all laboratory data for completeness and accuracy. Validates data within the computer database for
use in the determination of violations and SNC calculations. Generates Compliance and Notice of
Violation letters for review by Public Wor ks Director. Receives, validates and enters industrial self -
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monitoring data. Tracks NOV responses and generates letters of deficiency for review by Senior
and Supervisory personnel. Schedules monitoring of batch dischargers after receiving and logging
t elephone notification. Performs field audits and quality checks on monitoring and procedures.
Public Works Director (PWD) – Possesses overall responsibility and a dministers the City
of Kennedale’s Pretreatment Program. This position serves as industry’s primary contact in the
City concerning program policy and requirements, accepts recommendations from Senior
Environmental Specialist and Quality Control Specialist. Public Works Director is responsible
for the overall management of pretreatment program. R esponsibilities include issuance of notice
of violations, administrative orders, citations and publication of annual list of significant
violators and also for the development and implementation of the City of Kennedale’s
Pretreatment Program to insure com pliance with local, state and federal pretreatment regulations.
Approves termination of service and recommendations to pursue judicial action in district court.
City Attorney (CA): Advises technical and managerial personnel on enforcement matters
and orc hestrates the judicial responses deemed necessary by the Public Works Director.
Consulted on all matters requiring legal interpretation of City Ordinance and this plan.
B. Response Criteria
When using the attached Enforcement Response Guide to determine the appropriate
enforcement action, the following criteria shall be considered:
1. Magnitude of the violation - Incidents of significant noncompliance shall result in
the facility being published in the local newspaper [as required by 40 CFR Part
403.8(f)(2)(viii)]. In addition, the facility will be subject to appropriate enforcement
response(s).
2. Duration of the violation - Enforcement response actions shall serve to prevent
extended periods of noncompliance (regardless of severity) from recurring.
3. Ef fect of the violation on the receiving water, POTW process, and sludge disposal -
Any such violation shall be dealt with severely, and occurs when an facility
discharges a pollutant into the sanitary sewer system which:
A. Passes through the POTW (to a deg ree that the pass through meets the
definition of pass through in the city's ordinance);
B. Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use or disposal;
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C. Causes a violation of the POTW's discharge permit, in cluding violations of
water quality standards, has a toxic effect on the receiving stream (i.e., fish
kill.), or prevents sludge use or disposal.
4. Effect of the violation on the POTW - Incidents that result in significant increases in
treatment costs or harm City personnel, equipment, processes, or operations
(including sludge disposal costs) shall be subject to appropriate enforcement
response(s).
5. Compliance history of the industrial user - Recurring compliance problems (even of
different program r equirements) shall result in an escalation of enforcement to insure
that consistent compliance is achieved.
6. Good faith of the industrial user - A user's demonstrated willingness to comply shall
be taken into account when the City is determining the appropriate enforcement
response; however, good faith will not eliminate the necessity of an enforcement
action. Good faith shall be defined as the user's honest intention to remedy its
noncompliance in a timely fashion in conjunction with actions, which lend support
to this intention.
C. Response Actions
Following the identification of a pretreatment violation, including the determination as to its
significance (in accordance with the General Pretreatment Regulations as revised), the most
appropriate enf orcement response will be selected and applied. This response must be proportionate
to the violation severity, promote compliance in a timely manner, and be authorized under State law
and the City’s Industrial Waste Ordinance.
The following is a list of e nforcement response actions available for use in the City:
1. Notice of Deficiency
2. Notice of Violation
3. Meeting
4. Administrative Orders
A. Consent Order
B. Show Cause Order
C. Compliance Order
D. Emergency Suspension Order
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5. Civil Litigation
A. Consent Decree
B. Injunction
C. Civil Penalty/Cost Recovery
6. General Complaint Citations
7. Criminal Prosecution
8. Termination of Sewer and/or Water Service
9. Supplemental Enforcement Actions (BMPs, EMS, P2)
10. Public Notice (SNC)
11. Increased Monitoring and Reporting
A brief descripti on of each of these response action alternatives is presented below,
including a sample of each where applicable. It should be noted that the Enforcement Response
Guide which constitutes the last section of this plan clarifies the specific uses of each en forcement
action, and includes the identification of which positions are authorized to issue specific orders or
initiate the appropriate enforcement actions.
1. Notice of Deficiency – An informal communication from the City to the industrial
user which inf orms the user of a deficiency. If the information requested is not
received within 10 days, a Notice of Violation will be issued.
2. Notice of Violation - An official communication from the City to the noncompliant
industrial user which informs the user t hat a pretreatment violation has occurred.
Multipurpose use - for non -significant violations, and for significant violations
(generally in conjunction with additional actions.) Sample attached. Field notice is
given for pH and temperature violations in the field. Formal violations are issued
later.
3. Meeting with IU – The City may require that the IU attend a meeting to discuss any
enforcement related issues. The City will work with the IU as much as possible to
schedule the meeting at a convenient ti me; however, it is ultimately the IU’s
responsibility to attend any scheduled meeting.
4. Administrative Orders - Enforcement documents which direct industrial users to
undertake or to cease specified activities. Terms may or may not be negotiated with
in dustrial users. Generally used as first formal response to significant
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noncompliance (unless more severe action is justified) and may incorporate
compliance schedules, administrative penalties, and termination of service.
Administrative Orders may requir e the evaluation of current treatment system and/or
the installation of new technology to meet limits. Self -monitoring requirements and
listed frequency are normally added to assure consistent compliance with
pretreatment modifications. The City will utilize four types of Administrative
Orders: A sample of each type of order is attached.
A. Consent Order - An agreement between the City and the Industrial
user normally containing three elements: (1) compliance schedules; (2)
stipulated fines or remedial actions; and (3) signatures of City and industry
representatives.
B. Show Cause Order - An order which directs the user to appear before
the City to explain its noncompliance, and show cause why more severe
enforcement actions against the user should not be levied. Typically used
after informal contacts or NOV's have failed to resolve noncompliance;
howev er, it can be used at any time.
C. Compliance Order - An order which directs the industrial user to
achieve or restore compliance by a date specified in the order. Terms need
not be discussed with the industry in advance. Typically used when
noncomplian ce cannot be resolved without construction, repair, or process
changes, or to require development of management practices, spill
prevention programs, and other pretreatment program requirements.
D. Emergency Suspension Order - An order which directs the
n oncompliant user to cease illegal or unauthorized discharges immediately,
or to terminate the discharge altogether. Generally used in situations where
the discharge could cause interference or pass through, or otherwise create
an emergency situation.
E. Non -emergency Termination Order – An order which directs the
noncompliant user to cease illegal or unauthorized discharges immediately,
or to terminate the discharge altogether. Generally used as escalating
enforcement action in a non -emergency situat ion.
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5. Civil Litigation - The formal process of filing lawsuits against industrial users to
secure court ordered action to correct violations and to secure penalties for violations
including the recovery of costs to the City for the noncompliance. Normal ly pursued
when the corrective action required is costly and complex, or when the industrial
user is considered recalcitrant and unwilling to cooperate. The City will typically
utilize three types of Civil Litigation:
A. Consent Decree - Agreement betwee n the City and the industrial user
reached after the lawsuit has been filed. Signed by the judge assigned to the
case.
B. Injunction - Agreement between the City and the industrial user
reached after the lawsuit has been filed. Signed by the judge assig ned to the
case.
C. Civil Penalties/Cost Recovery - Reimbursement to the City of all
expenses incurred in responding to noncompliance, including restoration of
the physical plant, payment of medical treatment of injured employees, and
indemnification of t he City for all fines assessed against it for discharge
permit violations, which is generally higher than administrative fines.
6. General Complaint Citations - Citations may be issued under the City's authority to
enforce ordinances. The citations are cr iminal actions administered through the
City's Municipal Court.
7. Criminal Prosecution - The formal process of charging individuals and/or
organization with violations of ordinance provisions that are punishable (upon
conviction) by fines and/or imprisonm ent. The purpose of criminal prosecution is to
punish noncompliance through court proceedings and to deter future noncompliance.
8. Termination of Sewer and/or Water Service - The revocation of an industrial user's
privilege to discharge wastewater regula ted by Pretreatment Services Division into
the City's sewer system. Termination may be accomplished by physical severance
of the industry's connection to the sewer system, by use of an Administrative Order,
or by a court ruling. This action will be consi dered to be an appropriate response to
industries, which have not adequately responded to previous enforcement actions.
This action requires prior notice to the industrial user sufficient to avoid backflows,
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spills, or other harm to the treatment facility . A sample of such notice is attached.
The City's ordinance also provides for the termination of water service, in addition to
sewer service termination.
9. Supplemental Enforcement Actions : Best Management Practices (BMPs),
Environmental Management System (EMS) Implementation, Pollution Prevention
Programs (P2). When an industrial user has demonstrated a history of
noncompliance the City may at its discretion require the Industrial User to initiate
Best Management Practices, the development and implementati on of an
Environmental Management System and/or appropriate pollution prevention
programs offered by agencies such as, but not limited to, USEPA and TCEQ.
10. Public Notice - In accordance with 40 CFR 403.8(f)(2)(viii), the City of Fort Worth
must annually pub lish a list of all industrial users who significantly violated
applicable pretreatment standard requirements during the pretreatment reporting
year. Significant noncompliance shall be identified four times a year, in
accordance with EPA guidelines as show n in the “rolling quarters” method.
11. Increased Monitoring and Reporting - When an industrial user has demonstrated a
history of noncompliance the City may increase surveillance of that industry,
including the requirement of additional self -monitoring and re porting.
IV. ENFORCEMENT RESPONSE GUIDE
The City's Enforcement Response Guide designates several alternative enforcement options
for each type or pattern of noncompliance. Once a violation is identified, an appropriate
enforcement response action shall be selected from the short list of enforcement options indicated
by the matrix.
The following factors must be considered when selecting a response action from the options
listed:
1. Magnitude and duration of the violation;
2. Good faith of the user;
3. Complia nce history of the user;
4. Previous success of enforcement actions taken against the particular user;
5. Violation’s effect on the receiving waters, POTW process, and sludge
disposal;
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6. Violation’s effect on the POTW treatment costs or harms to City personnel
or equipment;
7. Economic benefit to the Industrial User of noncompliance; and
8. Documented affirmative defenses criteria as per ordinance Sec 23 -126(g).
By evaluating each of the above factors, the appropriate enforcement response action for the
particular violation involved will be selected by authorized City personnel.
The attached guide identifies types of violations, indicates initial and follow -up responses,
and designates p ersonnel responsible for administering each of these responses. The guide is used
as follows:
1. Locate the type of noncompliance in the first column and identify the most accurate
description of the violation.
2. Assess the appropriateness of the recom mended response(s) in column two. First
offenders or users demonstrating good faith efforts may merit a more lenient
response. Similarly, repeat offenders or those demonstrating negligence may require
a more stringent response.
3. Apply an enforcement r esponse from column two to the industrial user. Specify
corrective action or other responses required of the industrial user, if any. The range
of responses in column two, are arranged in an escalating order. Column three
indicates personnel responsible for administering each response, also in escalating
order.
4. Follow -up with escalated enforcement action if the industrial user's response is not
received or violation continues.
A. Enforcement Escalation Plan
The City's Enforcement Escalation Plan is to be utilized to determine which enforcement
action is timely and appropriate, and to apply consistency throughout our program. The escalation
plan as incorporated into the Enforcement Response Guide under the Enforcement Response and
Personnel headings, columns two and three, respectively act as a guideline for enforcement response
after consideration of the Enforcement Response Guide section listed above. Once the
noncompliance and circumstances have been identified in columns one and two, the range of
responses (in column two), is available to the enforcement agent(s). The personnel that can be
involved in the enforcement action are listed in column three.
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Generally, the responses range from a Notice of Violation to the termination of sewer and/or
wa ter service. If an industry fails to respond to the initial enforcement action (from column two), or
the industry continues to remain in violation, then the next response would be enacted in an
expeditious manner, per the response time frames outlined bel ow.
B. Time Frames for Responses
1. Self -monitoring reports are normally due on the 15 th day of the month following the
month in which the sample was collected. All self -monitoring reports are reviewed
upon receipt by the Pretreatment Services Division Quality Control Specialist and
violations will be identified and documented within a reasonable time frame of
approximately ten (10) working days. Violations not related to self -monitoring will
be identified and documented within a reasonable time frame of approximately ten
(10) working days of receiving compliance information.
2. Initial enforcement responses, involving contact with the industrial user and
requesting information on corrective or preventive action(s) will occur within fifteen
(15) working d ays of violation detection.
3. Follow -up actions for continuing or recurring violations will be taken within sixty
(60) days of the initial enforcement response. For any continuing violations, the
response will include a compliance schedule, if applicable .
4. Violations, which threaten health, property, or environmental quality are
considered emergencies and will receive immediate responses such as halting the
discharge or termination of service.
5. All violations meeting the criteria for significant nonco mpliance shall result in the
facility being published in the local newspaper [as required by 40 CFR Part
403.8(f)(2)(viii)]. In addition, the City will take appropriate enforcement
action(s) based on the criteria listed in this document.
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V. ENFORCEMENT R ESPONSE MATRIX
I. Non -Permitted Users:
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Failure to apply for a discharge permit NOV, with application form required to be returned in 30
days; meeting
SS, PWD
2. Response time for application exceeded NOV; meeting with I.U.; citation SS, PWD
3. Exceedance of local limits or failure to
implement/meet BMP
NOV; meeting; citation SS, PWD
4. Noncompliance continues NOV; meeting; citation; order show cause; AO SS, PWD
II. Permitted Users (SIUs, NSCIU, NSIUs)
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Exceedance of discharge limits or any
narrative standards or BMPs (single offence in
six month period)
Single offense; no other violations in past six months;
NOV; meeting; citation; increase sampling frequency
SS, PWD
2. Failure to develop and/or implement BMP NOV; meeting; citation; AO; increase sampling
frequency
SS, PWD
3. Recurring limit or BMP violations in six
month period
NOV; meeting; citati on; increase sampling frequency;
AO; require development & implementation of Slug/
Spill Control Plan and/or TOMP and/or other BMP (as
appropriate); supplemental enforcement actions
SS, PWD
4. pH or temperature violation NOV (Delivered in the field when pH or temperature
violation is detected. Formal NOV is sent at a later
time). This action may be followed by additional
enforcement – see #’s 1 & 3 of this Section.
SP, PWD
5. Slug load discharge or treatment bypass.
First offense within six months
N OV; meeting; citation; AO; increase sampling
frequency; require development & implementation of
Slug/Spill Control Plan and/or TOMP and/or other BMP
(as appropriate) ; supplemental enforcement actions
SS, PWD
6. Recurring slug load discharges or
treatm ent bypasses in six month
period
NOV; meeting; citation; AO; increase sampling
frequency; require development & implementation of
Slug/Spill Control Plan and/or TOMP and/or other BMP
(as appropriate); supplemental enforcement actions;
evaluate judicial action; and/or termination of service
SS, PWD
7. Noncompliance results in SNC NOV; meeting; citation; AO; increase sampling
frequency; develop and implement BMP (as appropriate);
supplemental enforcement actions; evaluate judicial
act ion; and/or termination of service
SS, PWD
8. Violations that cause: The POTW to
bypass, have interference, and/or sludge
quality problems; harm to the environment;
endangerment to life and/or property
NOV; meeting; citation; AO; increase sampling
frequency; develop and implement BMP (as appropriate);
supplemental enforcement actions; evaluate judicial
action; and/or termination of service
SS, PWD, CA
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III. Monitoring and Reporting (SIUs, NSCIUs, NSIUs)
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Report less than 45 days late NOV; meeting; citation SS, PWD
2. Failure to report as required by permit;
Appropriate responses to NOVs
Notice of Deficiency; NOV; meeting; citation; AO;
increased sampling frequency; supplemental enforcement
action
SS, PWD
2. Reporting violation results in SNC NOV; meeting; citation; AO; increased sampling
frequency; supplemental enforcement action
SS, PWD
4. Continued noncompliance NOV: meeting; citation; AO; supplemental enforcement
actions (i ncluding hiring an environmental consultant0;
evaluate judicial action; and/or termination of service
SS, PWD, CA
5. Falsification
NOV; meeting; citation; AO; increased sampling
frequency; evaluate judicial action; and/or termination of
service
SS, PWD, CA
IV. Other Permit Issues
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Permit violation; Initial violation NOV; meeting with I.U.; citation; increased sampling
frequency; AO
SS, PWD
2. Missed scheduled events NOV; meeting SS, PWD
3. Failure to properly operate and maintain a
pretreatment facility; initial violation
NOV; meeting with I.U.; citation; increased sampling
frequency; AO; supplemental enforcement action
SS, PWD
4. Failure to install monitoring equipment and
establishm ent of sampling/analysis procedures
NOV; meeting; citation; increased sampling frequency;
AP; supplemental enforcement action
SS, PWD
5. Dilution in lieu of treatment NOV; meeting; citation; AO; increased sampling
frequency; inspection; evaluate judicial action; and/or
termination of service
SS, PWD
3. Continued noncompliance NOV; meeting; citation; show cause; AO; increase
sampling frequency; develop and implement BMP (as
appropriate); supplemental enforcement actions;
evaluate judicial action; and/or termination of service
SS, PWD, CA
V. Site Visits
NATURE OF VIOLATION ENFORCEMENT RESPONSE PERSONNEL
1. Denial of entry to facility; initial event NOV; meeting with I.U.; citation; evaluate judicial action SS, PWD
2. Inadequate record keeping. Inspection
discovers files incomplete or missing; initial
event
NOV; I.U. required to maintain records; meeting;
citation;
SS, PWD
3. Slug/Spill Control Plan, BMPs and/or
TOMP found to be in violation.
NOV; meeting; citat ion; rescind acceptance of current
plans; increase monitoring; require plan revisions;
supplemental enforcement actions
SS, PWD
4. Continuing noncompliance NOV; meeting; citation; AO; increase monitoring;
supplemental enforcement actions; evaluate judicial
action and/or termination of service
SS, PWD, CA
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Abbreviations
SNC = Significant Noncompliance
NOV = Notice of Violation
TOMP = Toxic Organic Management Plan
IU = Industrial User
AO = Administrative Order
SP = Environmental Specialist
SS = Senior Environmental Specialist
PWD = Public Works Director
CA = City Attorney
SIU = Significant Industrial User
NSCIU = Non -significant Categorical Industrial User
NSIU = Non -significant Industrial User
VI. SAMPLE ENFORCEMENT DOCUMENTS
Notice of Violation response
NOVs will require a report from the Industrial User, which will contain (at a minimum):
1. the cause, or probable cause of the noncompliance;
2. the actions taken and implemented to meet permit condi tions;
must be sent within 10 days of receiving the NOV to:
Director of Public Works
City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
3. As per contract, PSD will receive response and determine validity of the response.
If furth er investigation is needed, PSD will gather information that will be
admissible in further enforcement action.
4. NOVs and their responses may serve as evidence in judicial proceedings. NOVs
issued by the City and responses from the IU will be filed in th e IU’s file. NOVs
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and responses will be entered into PSD computer database to ensure deadlines are
met and responses are adequate.
Citations
Citations will be issued by (Personnel Responsible):
The recipient of a citation may:
Pay the fine (not more than $2,000 per day per event)
Seek adjudication
Request hearing
Adjudication
Probationary A recipient of a citation (first violation) in a six month period may request
adjudication. The period of probation will be for six months; any
violation of similar nature will be reason for levying of the probated fine.
Show Cause
Show Cause will be the resolution step to Significant Noncompliance. A panel of five
city personnel, including legal representatives, will preside. The I.U. may retain and bring legal
counsel. Show Cause panel discussions include, but are not limited to:
Compliance schedules
Fines
Increased monitoring frequency
Judicial action
Revocation of permit
Termination of service
Supplemental enforcement action (BMPs, EMS, P2)
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Meeting With I.U.
A meeting with the I.U. will ensue preceding any recurring violation. The meeting will
be a means to "positively" communicate the issu e at hand and come to a consensus for
remediation. The meeting will include:
I.U. representative(s)
City personnel
Pretreatment services division personnel
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SAMPLE NOTICE OF VIOLATION (NOV)
CITY OF KENNEDALE
PUBLIC WORKS
IN THE MATTER OF *
*
(NAME OF INDUSTRIAL USER) * NOTICE OF VIOLATION
(ADDRESS) *
LEGAL AUTHORITY
The following findings are made and notice issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Public Works Director by provisions of t he
City's Industrial Waste Discharge Regulations. This notice of violation is based on findings of
violation of the conditions of the wastewater discharge permit issued under City's Industrial
Waste Discharge Regulations.
FINDINGS
1. City is charged with construction, maintenance and control of the sewer system
and treatment works.
2. To protect the sewer system and treatment works, the City administers a
pretreatment program.
3. Under this pretreatment program, (Industrial User) was issued a discharge permit.
4. The discharge permit issued to (Industrial User) contained numerical limits on the
quality of pollutants, which (Industrial User) could discharge and self -monitoring
requirements.
6. On (Date), pollutant analysis revealed that the quantity of (pol lutant) exceeded the
permit limitation.
NOTICE
THEREFORE, BASED ON THE ABOVE FINDINGS, (NAME OF INDUSTRIAL USER) IS
HEREBY NOTIFIED THAT:
It is in violation of its discharge permit and the sewer use ordinance of the City.
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A written report, addressing
1. the cause or probable cause of the non -compliance ;
2. actions proposed or implemented to meet permit conditions, must be sent within
ten (10) days of receipt of this notice to the address
Signed:
Assi gned
Kennedale Public Works
Issued this day of 20 .
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SAMPLE EMERGENCY
SUSPENSION
CITY OF KENNEDALE
PUBLIC WORKS
IN THE MATTER OF *
*
(NAME OF INDUSTRIAL USER) * EMERGENCY SUSPENSION
(ADDRESS) * ORDER
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Public Works Director by provisions of the
City's Industrial Waste Discharge Regulations. This order is based on findings of violation of the
conditions of the wastewater discharge permit issued under City's Industrial Waste Ordinance.
FINDINGS
1. (Industrial User) discharges non -domestic wastewater con taining pollutants into the
sanitary sewer system of the City.
2. (Industrial User) is a "significant industrial user" as defined by City's Industrial Waste
Ordinance.
3. (Industrial User) was issued a wastewater discharge permit on (date) which contains
prohibitions, restrictions and other limitations on the quality of the wastewater it
discharges to the sanitary sewer.
4. Pursuant to the ordinance and the above -referenced permit, data is routinely collected or
submitted on the compliance status of (Indus trial User).
5. This data shows that (Industrial User) has violated the Industrial Waste Ordinance in the
following manner:
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a. (Industrial User) has continuously violated its permit limits for (pollutant type) in
each sample collected from (date) to (date ).
b. (Industrial User) has also failed to comply with an administrative compliance
order requiring the installation of a pretreatment system and the achievement of
compliance with its permit limits by (date).
c. (Industrial User) has failed to appear at a show cause hearing pursuant to an order
requiring said attendance.
ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRY) IS HEREBY ORDERED
TO:
1. Within 24 hours of receiving this order, cease all non -domestic discharges into the City's
sanitary se wer. Such discharges shall not recommence until such times as (Industrial
User) is able to demonstrate that it will comply with its current permit limits.
2. Failure to comply with this order may subject (Industrial User) to having its connection to
the s anitary sewer sealed by the City and assessed the costs therefore.
3. Failure to comply with this order shall also constitute a further violation of the Industrial
Waste Discharge Regulations and may subject (Industrial User) to civil or criminal
penalties or such other enforcement response as may be appropriate.
4. This order, entered this day of , 20 , shall be effective upon receipt by
(industry).
Signed: _______________________________________
Public Works Director/ Director’s Authorized Representative
City of Kennedale
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SAMPLE NON – EMERGENCY TERMINATION ORDER
CITY OF KENNEDALE
PUBLIC WORKS
IN THE MATTER OF *
*
(NAME OF INDUSTRIAL USER) * NON -EMERGENCY
(ADDRESS) * TERMINATION ORDER
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsib ilities vested in and imposed upon the Public Works Director by provisions of the
City's Industrial Waste Discharge Regulations. This order is based on findings of violation of the
conditions of the wastewater discharge permit issued under City's Industria l Waste Discharge
Regulations.
FINDINGS
1. (Industrial User) discharges non -domestic wastewater containing pollutants into the
sanitary sewer system of the City of Kennedale.
2. (Industrial User) is a "significant industrial user" as defined by City's Ind ustrial Waste
Discharge Regulations.
3. (Industrial User) was issued a wastewater discharge permit on (date) which contains
prohibitions, restrictions and other limitations on the quality of the wastewater it
discharges to the sanitary sewer.
4. Pursuant t o the ordinance and the above -referenced permit, data is routinely collected or
submitted on the compliance status of (Industrial User).
5. This data shows that (Industrial User) has violated the Industrial Waste Ordinance in the
following manner:
a. (Ind ustrial User) has continuously violated its permit limits for (pollutant type) in
each sample collected from (date) to (date).
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b. (Industrial User) has also failed to comply with an administrative compliance
order requiring the installation of a pretreatm ent system and the achievement of
compliance with its permit limits by (date).
c. (Industrial User) has failed to appear at a show cause hearing pursuant to an order
requiring said attendance.
ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRIAL USER) IS HEREBY
ORDERED TO:
1. Within 5 days of receiving this order, cease all non -domestic discharges into the City's
sanitary sewer. Such discharges shall not recommence until such times as (Industrial
User) is able to demonstrate that it will comply w ith its current permit limits.
2. Failure to comply with this order may subject (Industrial User) to having its connection to
the sanitary sewer sealed by the City and assessed the costs therefore.
3. Failure to comply with this order shall also constitute a further violation of the Industrial
Waste Discharge Regulations and may subject (Industrial User) to civil or criminal
penalties or such other enforcement response as may be appropriate.
4. This order, entered this day of , 20 , shall be effective upon receipt by
(Industrial User).
Signed: ______________________________________________
Public Works Director/ Director’s Authorized Representative
Kennedale Public Works
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SAMPLE CONSENT ORDER
CITY OF KENNEDALE
PUBLIC WORKS
IN THE MATTER OF * CONSENT ORDER
*
(NAME OF INDUSTRIAL USER) *
(ADDRESS) *
CONSENT ORDER
WHEREAS, the City, pursuant to the powers, duties and responsibilities vested in and imposed
upon the Public Works Director by provisions of the City's Industrial Waste Ordinance, has
conducted an ongoing investigation of (Industrial User) and has determined that:
1. The City owns and operates a wastewater treatment plant which is adversel y impacted by
discharges from industrial users, including (Industrial User), and has implemented a
pretreatment program to control such discharges.
2. (Industrial User) has consistently violated the pollutant limits in its wastewater discharge
permit as se t forth in Exhibit 1, attached hereto.
3. Therefore, to insure that (Industrial User) is brought into compliance with its permit
limits at the earliest possible date, IT IS HEREBY AGREED AND ORDERED,
BETWEEN (Industrial User) AND THE WATER DIRECTOR, FOR TH E CITY OF
KENNEDALE, that (Industrial User) shall:
a. By (date), obtain the services of a registered professional engineer specializing in
wastewater treatment for the purposes of designing a pretreatment system, which
will bring (Industrial User) into co mpliance with its wastewater discharge permit.
b. By (date), submit plans and specifications for the proposed pretreatment system to
the City for review.
c. By (date), install the pretreatment system in accordance with the plans and
specifications submit ted in item b above.
d. By (date), achieve compliance with the limits set forth in Exhibit 1.
e. (Industrial User) shall pay $1,000 per day for each and every day it fails to
comply with the schedule set out in items a -d above. The $1,000 per day penalt y
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shall be paid to the cashier of the Municipal Court within 5 days of being
demanded by the City.
4. In the event (Industrial User) fails to comply with any of the deadlines set forth.
(Industrial User) shall within one (1) working day after expiration o f the deadline, notify
the City in writing. This notice shall describe the reasons for (Industry's) failure to
comply, the additional amount of time needed to complete the remaining work, and the
steps to be taken to avoid future delays. This notificatio n in no way excuses (Industrial
User) from its responsibility to meet any later milestones required by this Consent Order.
5. Compliance with the terms and conditions of this Consent Order shall not be construed to
relieve (Industrial User) of its obligati on to comply with its wastewater discharge permit,
which remains in full force and effect. The City reserves the right to seek any and all
remedies available to it under the City's Industrial Waste Ordinance for any violation
cited by this order.
6. Viola tion of this Consent Order shall constitute a further violation of the City's Industrial
Waste Discharge Regulations and subjects (Industry) to all penalties described by Section
23 -126 of the Industrial Waste Discharge Regulations.
7. Nothing in this Consent Order shall be construed to limit any authority of the City to
issue any other orders or take any other action which it deems necessary to protect the
wastewater treatment plant, the environment or the public health and safety.
SIGNATORIES
FO R (INDUSTRY)
_____________________________
Date Name (Industrial User)
FOR CITY OF KENNEDALE
Date Public Works Director
/ Director’s Authorized Representative
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SAMPLE SHOW CAUSE ORDER
CITY OF KENNEDALE
PUBLIC WORKS
IN THE MATTER OF *
* ADMINISTRATIVE
(NAME OF INDUSTRIAL USER) * SHOW CAUSE ORDER
(ADDRESS) *
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Public Works Director by provisions of the
City's Industrial Waste Discharge Regulations. This order is based on findings of violation of the
conditions of the wastewater discharge permit issued under City's Industrial Waste Ordinance.
FINDINGS
1. (Industrial User) di scharges non -domestic wastewater containing pollutants into the
sanitary sewer system of the City of Kennedale (hereafter, "City").
2. (Industrial User) is a "significant industrial user" as defined by the City's Industrial Waste
Ordinance.
3. (Industrial User) was issued a wastewater discharge permit on (date) which contains
prohibitions, restrictions, and other limitations on the quality of the wastewater it
discharges to the sanitary sewer.
4. Pursuant to the ordinance and the above -referenced permit, da ta is routinely collected or
submitted on the compliance schedule of (Industrial User).
5. This data shows that (Industrial User) has violated its wastewater discharge permit in the
following manner:
a. (Industrial User) has violated its permit limits for (pollutant type) in each sample
collected on (dates) for a total of (amount) separate violations of this permit.
b. (Industrial User) has failed to submit a periodic compliance report due (date).
c. All of these violations satisfy the City's definition of significant violation.
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ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRIAL USER) IS HEREBY
ORDERED TO:
1. Appear at a meeting with the Director to be held on (date), at (time) in the
____________________________________________________________________.
2. At this meeting, the industry must demonstrate why the City should not pursue judicial
enforcement action against the industry at this time.
3. This meeting will be closed to the public.
4. Representatives of (Industrial User) may be accompanied by legal counsel if they so
choose.
5. Failure to comply with this order shall also constitute a further violation of the Industrial
Waste Discharge Regulations and may subject (industrial user) to civil or criminal
penalties or such other appr opriate enforcement response as may be appropriate.
6. This order, entered this day of 20___, shall be effective upon receipt by
(Industrial User).
Signed:
Public W orks Director / Director’s Authorized
Representative
City of Kennedale
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SAMPLE COMPLIANCE ORDER
CITY OF KENNEDALE
PUBLIC WORKS
IN THE MATTER OF *
*
(NAME OF INDUSTRY) * ADMINISTRATIVE
(ADDRESS) * COMPLIANCE ORDER
LEGAL AUTHORITY
The following findings are made and order issued pursuant to the powers, duties and
responsibilities vested in and imposed upon the Public Works Director by provisions of the
City's Industrial Waste Ordinance. This order is based on findings of violation of the conditions
of the wastewater discharge permit issued under City's Industrial Waste Ordinance.
FINDINGS
1. (Industrial User) discharges non -domestic wastewater containing pollutants into the
sanitary sewer system of the City of Kennedale (h ereafter, "City").
2. (Industrial User) is a "significant industrial user" as defined by the City's Industrial Waste
Ordinance.
3. (Industrial User) was issued a wastewater discharge permit on (date), which contains
prohibitions, restrictions, and other li mitations on the quality of the wastewater it
discharges to the sanitary sewer.
4. Pursuant to the ordinance and the above -referenced permit, data is routinely collected or
submitted on the compliance schedule of (Industrial User).
5. This data shows that (Industrial User) has violated its wastewater discharge permit in the
following manner:
a. (Industrial User) has violated its permit limits for (pollutant type) in each sample
collected between (dates) for a total of (amount) separate violations of this p ermit.
b. (Industrial User) has failed to submit a periodic compliance report due (date).
c. All of these violations satisfy the City's definition of significant violation.
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ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (INDUSTRIAL USER) IS HEREBY
ORDER ED TO:
1. Within 180 days, install pretreatment technology which will adequately treat (Industrial
User's) wastewater to a level which will comply with its wastewater discharge permit.
2. Within 5 days submit all periodic compliance reports due since (dat e).
3. Within 10 days, pay to the cashier's office of the Municipal Court, City of Kennedale, a
fine of $1,000.00 for the above -described violations in accordance with Section ______,
of the Industrial Waste Discharge Regulations.
4. Report, on a monthly b asis, the wastewater quality and the corresponding flow and
production information as described on Page of the wastewater discharge permit (No.
) for a period of one year from the effective date of this order.
5. All reports and notices required by this order shall be sent, in writing to the following
address: City of Kennedale
405 Municipal Drive
Kennedale, Texas 76060
6. This order does not constitute a waiver of the wastewater discharge permit which r emains
in full force and effect. The City reserves the right to seek any and all remedies available
to it under Section 23 -126 of the Industrial Waste Discharge Regulations for any
violation cited by this order.
7. Failure to comply with the requirements of this order shall constitute a further violation
of the Industrial Waste Discharge Regulations and may subject (Industry) to civil or
criminal penalties or such other appropriate enforcement response as may be appropriate.
9. This order, entered this day of , 20 , shall be effective upon receipt by
(Industrial User). Signed: _______________________________________
Public Works Director / Director’s Authorized
Representat ive
City of Kennedale
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CITY OF KENNEDALE
SUSPENSION OF WASTEWATER SERVICE ORDER
Date of Notice: _______________________________________________________________
Business or Individual: ________________________________________________________
Address: _____________________________________________________________________
Person Contacted/Title: _______________________________________________________
City Code Section Violation: ____________________________________________________
Results of Analysis: ___________________________________________________________
Due to the serious nature of your violation, the City is ordering you to immediately stop the
discharge of the effluent (in violation), and to eliminate any further industrial discharg ing by
5:00 P.M. , 20 .
In the event of your failure to voluntarily comply with this suspension order, the City shall take
such steps as deemed necessary including, but not limited to, immediate severance of your sewer
connection, to prevent or minimize damage to our POTW system or endangerment to any
individuals (City Code Sections 23 -126 (b) or (c)).
(Or record if refused to sign)
Signature of person contacted
__________________________________________________________
Public Works Director / Director’s Authorized Representative
City of Kennedale
Nl t f% \! y f4 3 ; �\
6000 WESTERN PLACE, Sum 200 Taylor��tSO ' i bis Si alt. Etaril TFLEVxoue: (817) 332 -2580
I - AT BRYANT-IRVIN ROAD 7,LY^ _ t ToLt. FREE: (800) 318 -3400
FORT WORTH, TmAs 76107 -4654 A ` ` ' ` ` FACsIMILE: (817) 332 -4740
EMAIL: TOASE @TOASE.COM Attorneys Counselors WFaSITE: WWW.TOASE.COM
Wayne K. Olson
wolsonaloase.com
December 9, 2011
Ms. Laly Joseph
Environmental Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76101
Re: Attorney Statement Letter
Kennedale Industrial Waste Discharge Ordinance
Dear Ms. Joseph:
Our firm represents the City of Kennedale, Texas, ('the City) and your office has
requested that we provide a statement pursuant to federal regulations. See 40 C.F.R. §
403.9(b)(1). It is my opinion that the City has the authority adequate to carry out the
programs described in Section 403.8 of Title 40 of the Code of Federal Regulations (the
' "), as detailed below.
As required by 40 C.F.R. § 403.9(b)(1)(i), the City's legal authority will be derived
from Chapter 23, Article III, of the Kennedale City Code, as it will be amended by
Ordinance No. 494 and adopted by the City Council on December 8, 2011 pursuant to
Section 26.177 of the Texas Water Code, which delegates to the governing body of
Texas municipalities the function of controlling pollution within the corporate limits of
such cities. The City has enforcement authority for violations of this ordinance, including
the authority to impose a fine or a penalty. TEX. Loc. GOVT CODE § 54.001. The City
also has the authority to impose an injunction for violations of this ordinance against
certain parties based on a showing of substantial danger of injury or an adverse health
impact. TEX. Loc. GOVT CODE § 54.016. Lastly, the City can recover a civil penalty in a
suit against the owner or the owner's representative with control over the premises for a
violation of this ordinance. TEX. Loc. GOVT CODE § 54.017.
Enclosed is a copy of Ordinance No. 494 and the Enforcement Response Plan
adopted by the City. The legal authority under Section 403.8(f)(1) of the Code, which
provides the basis for each procedure under Section 403.8(f)(2), is Section 23 -126 of
the attached Ordinance.
The City will implement the program requirements set forth in Section 403.8 of
the Code, including the means by which Pretreatment Standards will be applied to
individual Industrial Users as set forth in Section 23 -125 of the Ordinance, which
establishes administration by permit, including requirements for pretreatment.
December 9, 2011
Page 2
The City intends to ensure compliance with Pretreatment Standards and
Requirements through its Permit Administration system established by Section 23 -125
of the Ordinance and through the enforcement mechanism established by Section 23-
126 of the Ordinance, including the imposition of fines and civil penalties and injunctive
relief.
Please note that our responsibility as attorneys extends only to our client, the
City of Kennedale. As such, our review and opinion is offered for the sole benefit of the
City of Kennedale. If this statement or any of the enclosed documents are inadequate,
or if you have any other questions concerning this matter, do not hesitate to give me a
call.
Very truly yours,
tDk &A,-
Wayne K. Olson
WKO:mar
Enclosures
cc: Bob Hart, City Manager
Amethyst Cirmo, City Secretary
Larry Ledbetter, Director of Public Works
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