O014 CITY OF KENNEDALE
ORDINANCE NO. 14
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 3.1 OF THE
KENNEDALE CITY CODE 1977, AS AMENDED, REQUIRING PERMITS
TO DISCHARGE INDUSTRIAL WASTEWATER INTO THE CITY
SANITARY SEWER SYSTEM; AUTHORIZING THE DIRECTOR OF
WATER OPERATIONS TO PROMULGATE REGULATIONS PERTAINING
TO SUCH PERMITTING, PROVIDING FOR DEFINITIONS, MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES AND PROVISIONS OF THE KENNEDALE
CITY CODE IN CONFLICT HEREWITH; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY; ENGROSSING AND ENROLLING
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS:
SECTION I.
That Article 3.1, "Regulations Governing Industrial
Wastes, and Forbidding Discharge of Particular Wastes ",
Chapter 14 of the Code of the City of Kennedale, Texas
(1977), as amended, be and the same is hereby
amended to read as follows:
Article 3.1, REGULATIONS GOVERNING INDUSTRIAL
WASTEWATERS.
1. DEFINITIONS
When used in this Article, these terms shall be defined
as follows:
Abnormal Sewage: Any industrial waste discharged into
the Authority sanitary sewer which, when analyzed, shows
by weight a daily average Total Suspended Solids (TSS)
concentration greater than 240 mg /L or a Biochemical
Oxygen Demand (BOD) concentration greater than 210 mg /L.
In addition, the director 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 acceptable for discharge
into the POTW as defined in this ordinance.
Act: The Clean Water Act (33 U.S.C. 1251 et seq), as
amended.
Authority: The City of Kennedale, Texas.
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Authorized Representative: Authorized representatives
(Authorized Signatories) for wastewater discharge permit
applications and for reports submitted under Section I,
Article 3.1, Paragraph 5, of this ordinance 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 operation facilities employing
more than 250 persons or having gross annual
sales or expenditures exceeding $25 million
(in second - quarter 1980 dollars), if
authority to sign documents has been assigned
or delegated to the manager in accordance
with corporate procedures.
3) For a partnership or sole proprietorship,
a general partner or 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 if: 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. 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
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signed by an authorized representative.
Biochemical Oxygen Demand (B.O.D.): The quantity of
oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure, as specified
in "Standard Methods ", 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 wastestreams or
wastewater from any portion of a discharger's wastewater
treatment equipment or pretreatment facility.
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: City of Kennedale, Texas.
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 wastestream 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.
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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A
Director: The Director of Water Operations of the City
of Kennedale or his authorized representative.
Discharger: Any non - residential 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.
Garbage: Solid waste from domestic or commercial
preparation, cooking or dispensing of food or from the
handling, storage, and sale of produce.
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.
Industrial Waste: Solid, liquid or gaseous waste
resulting from any industrial, manufacturing, trade, or
business process or from the development, recovery or
processing of natural resources.
Interference: A discharge which, alone or in conjunction
with a discharge or discharges from other sources, both:
1) Inhibits 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 NPDES permit
(including an increase in the magnitude or
duration of a violation) or of the prevention
of sewage sludge use or disposal in
compliance with 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.
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Maximum Daily Average: The maximum concentration of a
substance allowed in a discharge as determined from a
laboratory test of a daily composite sample. When
wastewaters are collected and stored for more than a day
prior to discharge, such as batch discharges, a
laboratory test of a grab sample of the stored wastewater
may be used to determine the maximum daily average
concentration.
Maximum Grab: The maximum concentration of a substance
allowed in a discharge as determined from a laboratory
test of a grab sample.
mg /L: Milligram per liter.
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 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.
4) 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
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to existing process or production
equipment. Construction of a new source as
defined under this paragraph has commenced if
the owner or operator has;
A) Begun, or caused to begin as part of a
continuous 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 are intended to be used in its
operation within a reasonable time. Options
to purchase or contracts which can be
terminated or modified without substantial
loss, and contracts for feasibility,
engineering, and design studies do not
constitute a contractual obligation under this
paragraph.
NPDES: National Pollutant Discharge Elimination System
permit program of the Environmental Protection Agency.
O and 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.
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Pass Through: The discharge of pollutants through the
POTW into navigable waters in quantities or
concentrations which are a cause of or significantly
contribute to a violation of any requirement of the
POTW's NPDES permit.
Permit: Wastewater Discharge Permit, issued to
non - domestic dischargers of industrial waste 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, measured and calculated in accordance with
"Standard Methods ".
POTW (Publicly Owned Treatment Works): Any sewage
treatment plant owned and operated by the Authority and
the sewers, pipes and conveyances owned in whole or part
by the Authority that convey wastewater to the POTW. This
definition includes any devices and systems used in the
storage, treatment, recycling and reclamation of
municipal sewage or industrial waste of a liquid nature.
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
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National Pretreatment Standard, imposed on an industrial
user.
Pretreatment Standard: The term "National Pretreatment
Standard," "Pretreatment Standard," or "Standard" means
any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with section 307 (b)
and (c) of the Act, which applies to industrial users.
This term includes prohibitive discharge limits
established pursuant to 40 CFR Part 403.5.
Sanitary Sewer: A publicly owned pipe or conduit
designed to collect and transport industrial waste and
domestic sewage to the POTW.
Severe Property Damage: Substantial physical damage to
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property, damage to the treatment facilities which causes
them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by
delays in production.
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 20 percent
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: All industrial users
subject to categorical pretreatment standards and any
other industrial user that: 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); contributes a process
wastestream which makes up 5 percent or more of the
average dry weather hydraulic or organic capacity of a
POTW; or 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. 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.
Slug or Slugload: Any substance (including Biochemical
Oxygen Demand) released in a discharge at a flow rate
and /or concentration which will cause a violation of
the specific discharge prohibitions in Section B, D, or
E of this ordinance or hydraulically overloads the
sanitary sewer collection system. This includes, but
is not limited to an accidental spill or a
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non - customary batch discharge.
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.
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.
Unpolluted Water or Waste: Any water or liquid waste
containing none of the following: phenols or other
substances to an extent imparting taste and odor in
receiving waters; toxic or poisonous substances in
suspension, colloidal state or solution; noxious or
odorous gases; not more than ten thousand (10,000) parts
per million, by weight, of dissolved solids, of which not
more than twenty -five hundred (2500) parts per million
are chloride; not more than ten (10) parts per million
each of TSS and B.O.D.; color not exceeding fifty (50)
color units; nor pH value of less than 5.0 nor higher
than 12.0 and any water or waste approved for discharge
into a stream or waterway by the appropriate state
authority.
Upset: An exceptional incident in which a discharger
unintentionally and temporarily is in a state of
noncompliance with the standards established in this
ordinance, 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.
Wastewater: Industrial waste, sewage or any other waste
that has been used by and discharged to the POTW from an
industry, commercial enterprise, household or other water
consumer, including that which may be combined with any
groundwater, surface water or storm water.
2. PURPOSE AND POLICY
This ordinance 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 ordinance is to set
forth uniform requirements for industrial dischargers
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into the POTW Authority wastewater collection and
treatment systems, and to enable the Authority to protect
the public health in conformance with all applicable
state and federal laws relating thereto. Parts of this
ordinance are enacted pursuant to regulations established
by the U.S. Environmental Protection Agency (EPA) as set
forth in 400 CFR Part 403.
All categorical pretreatment standards, lists of toxic
pollutants, industrial categories and other standards and
categories which have been or which will be promulgated
by the EPA shall be incorporated as a part of this
ordinance, as will EPA regulations regarding sewage
pretreatment established pursuant to the Act, and
amendment of this ordinance to incorporate such changes
shall not be necessary. The Authority shall maintain
current standards and regulations which shall be
available for inspection and copying.
The objectives of this ordinance are:
A. to prevent the introduction of pollutants
into the Authority wastewater system which
will interfere with the normal operation of
the system, including interference with the
use or disposal of sludge, or contaminate the
resulting sludge;
B. to prevent the introduction of pollutants
into the Authority wastewater system which do
not receive adequate treatment in the POTW,
and which will pass through the system into
receiving waters or the atmosphere or which
are otherwise incompatible with the system;
and
C. to improve the opportunity to recycle or
reclaim municipal and industrial wastewaters
and sludges.
The regulation of discharges into the Authority
wastewater system under this ordinance shall be
accomplished through the issuance of permits, as
specified in Section 5 herein, and by monitoring and
inspection of facilities, according to this ordinance.
The Director shall have the authority to promulgate such
administrative regulations as are from time to time
necessary for the enforcement of this
ordinance.
3. DISCHARGE PROHIBITIONS AND LIMITATIONS
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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. PROHIBITED DISCHARGES
No person shall discharge or cause to be
discharged any storm water, groundwater, roof
runoff, subsurface drainage or drainage from
downspouts, yard drains, yard fountains and
ponds, or lawnsprays into any sanitary
sewer. Water from swimming pools, 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 provided the water
meets the discharge prohibitions and
limitations of this ordinance.
C. PROHIBITED SEWER CONNECTIONS, INCLUDING
TRUCKED OR HAULED WASTEWATER
It shall be unlawful for any person to deposit
or discharge into the sanitary sewer any
wastewater or solid, including trucked or
hauled wastes, unless such deposit or
discharge, at a designated discharge point,
has been approved by the Authority.
D. PROHIBITED WASTEWATER CONSTITUENTS
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:
1) any liquid or vapor having a temperature
higher than one hundred fifty degrees (150o)
Fahrenheit (65o degrees Centigrade);
2) any water or waste which contains wax,
grease, oil, plastic or other substance that
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•
will solidify or become discernibly viscous at
temperatures between thirty -two degrees (320)
to one hundred fifty degrees (150o)
Fahrenheit, thereby contributing to the
clogging, plugging or otherwise restricting
the flow of wastewater through the collection
system;
3) pollutants which create a fire or
explosion hazard in the sewer system or POTW,
including but not limited to, wastestreams
with a closed cup flashpoint of less than
140 degrees Fahrenheit or 60o degrees
Centigrade 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) solid or viscous substances in quantities
capable of causing obstruction in the flow in
sewers or other interference with proper
operation of the POTW, such as, but not
limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar,
plastics, wood, whole blood, paunch manure,
hair and fleshings, entrails, lime slurry,
lime residues, slops, chemical residues, paint
residues, or bulk solids;
5) 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) any noxious or malodorous substances which
can form a gas which, either singly or by
interaction with other wastes, is capable of
causing objectionable odors or hazards to life
or form solids in concentrations exceeding
limits established in this ordinance, or
creates any other condition deleterious to
structures or treatment processes, or requires
unusual provisions, attentions or expense to
handle such material;
7) any noxious or malodorous liquids, gases,
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or solids which either singly or by
interaction are capable of creating a public
nuisance or hazard to life or which may
prevent entry into the sewers for their
maintenance and repair;
8) 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 ordinance. 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, guide -lines or
regulations affecting sludge use or disposal
developed pursuant to the Solid Waste
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;
9) any substance which will cause the POTW
to violate its NPDES or other disposal
system permits, or the receiving stream
water quality standards;
10) any substance with objectionable
color not removed in the treatment
process, such as, but not limited to, dye
wastes and vegetable tanning solutions;
11) any slugload;
12) any wastewater which causes a hazard to
human life or creates a public nuisance; or
13) any dump or slugload of waste containing
concentrated organic solvents or mixtures
of solvents which are defined as hazardous by
the Federal Resource Conservation and
Recovery Act.
14) petroleum oil, nonbiodegradable cutting
oil, or products of mineral oil origin in
amounts that will cause obstruction of flow in
the sewer line, or interference or pass
through.
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E. WASTEWATER LIMITATIONS
No person shall contribute or cause to be
discharged, directly or indirectly, into any
sanitary sewer any wastewaters containing or
having:
1) Free or emulsified fats, oils, and greases
exceeding 200 mg /L as determined by the freon
extraction analytical procedure. A
concentration of 500 mg /L is allowable
providing the Authority has specifically
determined that the waste: a) derives
from animal or vegetable materials; b)
biodegrades readily in the POTW; c) does not
cause an obstruction of flow in the sewer
line; and d) the discharge is pretreated
by discharge through an approved grease
trap or other pretreatment process.
2) Acids or alkalies capable of causing
damage to sewage disposal structures or
personnel or having a pH value lower than 5.0
or higher than 12.0.
3) Metals in the form of compounds or
elements with total concentrations exceeding
the following:
MAXIMUM DAILY MAXIMUM GRAB
AVERAGE (mg /L) (mg /L)
Arsenic 0.1 0.3
Cadmium 0.3 0.9
Chromium 5.0 15.0
Copper 3.0 9.0
Lead 2.9 8.7
Mercury 0.01 0.03
Nickel 2.0 6.0
Silver 0.1 0.3
Zinc 5.0 15.0
4) Cyanide or cyanogen compounds [(expressed
as total CN -)] in excess of 1.0 mg /L.
5) Hydrogen sulfide, sulfur dioxide or
nitrous oxide in excess of 10 parts per
million.
6) Radioactive wastes or isotopes with a
halflife or concentration exceeding limits
established by the Authority in compliance
with applicable state or federal regulations.
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7) 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.
8) A temperature which inhibits or interferes
with biological activity in the POTW treatment
plant. In no case shall wastewater be
introduced Khich would have a temperature
exceeding 40C (104 ° F) upon entering the POTW
treatment plant.
9) Pollutants in excess of the limitations
established in an applicable categorical
pretreatment standard set forth in Title 40
of the Code of Federal Regulations.
10) Wastewaters which emanate vapors causing
the atmosphere in the sewer system to exceed
20% of the lower explosive limit in the
immediate area of the discharge.
4. SPECIAL RULES RELATING TO INDUSTRIAL
DISCHARGERS
A. Compliance With Standards
1) State requirements and limitations on
discharges to the POTW shall be met by all
dischargers which are subject to such
standards in any instance in which they are
more stringent than Federal requirements and •
limitations or those in this or any other
applicable ordinance.
2) 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 ordinance.
3) Where deemed appropriate the Authority
may apply mass limitations expressed in pounds
per day of pollutant discharged.
B. Accidental Discharges
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Each discharger shall provide protection from accidental
discharge of prohibited or regulated materials or
substances established by this ordinance. 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 ordinance.
Dischargers shall notify the Authority immediately upon
the occurrence of a "slug" or accidental discharge of
substances prohibited by this ordinance. 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
dischargers Authorized Representative. Any discharger
discharging slugs of prohibited materials shall be liable
for any expense, loss or damage to the POTW, in addition
to the amount of any fines imposed on the Authority under
state or federal law.
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 ordinance including
Section 5.A. 7); provided, however, that flow measurement
may be based 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 terms of
this ordinance.
D. Prohibition of Bypass
1) Bypass of a discharger's treatment equipment or
treatment facility is prohibited and the Authority may
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take enforcement action against the discharger unless:
(i) The bypass was unavoidable to prevent
loss of life, personal injury, or severe
property damage, and;
(ii) 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 judgement, adequate
back -up equipment should have been installed
to prevent a bypass which occurred during
normal periods of equipment downtime or
maintenance, and;
(iii) 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
paragraph 1) above.
E. Notification of Hazardous Waste Discharges
All dischargers shall notify the Authority, The EPA
Regional Waste Management Division Director, and the
Texas Water Commission hazardous and Solid Waste Division
Director, in writing of any discharge into a POTW of any
substance, which, if otherwise disposed of, would be
a hazardous waste under 40 CFR Part 261. Any
notification under this paragraph must be submitted in
conformance with 40 CFR Part 403.12 (p).
5. ADMINISTRATION BY PERMIT
A. Classification of Dischargers and Permits
17
1) All non - domestic users which discharge
into the sanitary sewer system of the
Authority shall be grouped according to the
following definitions:
Group I - Significant Industrial Users
Group II - Commercial Facilities and Small
Industrial Users
Those commercial facilities and industrial users which
are not included in Group I and which do not
discharge a significant amount of regulated pollutants on
a regular basis. Examples include automotive service
shops, small food processors and photographic developing
shops.
Group III - Classed High Strength Users
Restaurants, car washes or other businesses which can
be classed according to an average strength or
abnormal strength of their wastewater.
Group IV - Wastewater Haulers (Prohibited)
Transporters of wastewater desiring to discharge into
the Authority's sanitary sewage system.
2) All Group I dischargers shall submit a Wastewater
Discharge Permit Application to the Authority on a
form provided by the Authority.
3) No new Group I user shall be allowed to discharge
until issued a valid permit.
4) 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 within 60
days 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.
5) If the application is denied, the applicant shall be
notified in writing within 30 days 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 ordinance, the
Authority may specify that the applicant be required to
18
provide pretreatment of the waste before it is deemed
_ \acceptable for sewer discharge.
6) Where additional pretreatment and /or operation and
maintenance activities will be required to comply with
this ordinance, pursuant to 5), above, 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 ordinance 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 ordinance.
ii) The time increments between milestone
dates established 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 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.
7) Prior to the approval of a permit, unless exempted by
the Authority, all dischargers shall provide monitoring
19
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.
B. 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.
Permits may include as applicable, but shall not be
limited to, the following information:
1) Limits on the average and maximum amount of certain
wastewater constituents to be discharged;
2) Limits on average and maximum rate and time of
discharge and /or requirements for flow regulations and
equalization;
3) Requirements for installation and maintenance of
inspection and sampling facilities;
4) Location of approved discharge point(s);
5) Additional conditions as the Authority may reasonably
require under particular circumstances, applying to the
monitoring of a given discharge, including sampling
locations, frequency of sampling, number, types, and
standards for tests, laboratory analysis method, and
reporting schedule;
6) Compliance schedules;
7) Requirements for submission of special technical
reports or discharge reports where same differ from those
prescribed by this ordinance;
8) Duration of Permit;
9) Statement of applicable civil and criminal penalties
for violation of pretreatment standards and
20
requirements; and
10) Statement of non - transferability.
C. Reporting Requirements for Dischargers
1) 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 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 0 and M
or pretreatment is necessary to bring the discharger into
compliance with the applicable categorical pretreatment
standards. This report shall be signed by an authorized
representative and certified by a qualified
professional as stated in 40 CFR Part 403.12(b)(6).
2) 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 pretreatment standards or
requirements are being met on a consistent basis and, if
not, what additional 0 and 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.
3) Periodic Compliance Reports: Any discharger subject
to a categorical pretreatment standard made a part of
this ordinance 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 a new discharger,
21
pretreatment standard, or in the case a new discharger,
after commencement of the discharge, and are to be
submitted during the months of July and January of each
year.
In addition, where applicable, this report shall include
a record of all measured or estimated average and maximum
daily flows which, during the reporting period,
exceeded the average daily flow specified in Section S.B.
1) and 2) hereof. Flows shall be reported on the basis of
actual measurement, provided however, where cost or
feasibility considerations justify, the Authority may
accept reports of average and maximum flows estimated by
verifiable techniques. The Authority, taking into
consideration extenuating factors, may authorize the
submission of said reports on months other than those
specified above.
4) Analysis and Sampling Procedures: 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. 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.
5) 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
paragraph (4) of this section, the results of this
monitoring shall be included in the report.
6) Significant Noncategorical Industrial User Reporting:
Significant noncategorical 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 paragraph
(4) of this section. This sampling and analysis may be
performed by the Authority in lieu of the significant
noncategorical industrial user.
22
7) 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.
8) Authority Monitoring: Sampling and analysis for the
reports required by paragraphs (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 or
certifications.
9) 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, including possibility of fine and
imprisonment for knowing violations."
D. Inspection and Flow Measurement
1) The Authority may inspect the facilities of any
discharger to determine compliance with the requirements
of this ordinance. The discharger shall allow the
Authority or its 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 ordinance shall be made available for
copying and inspection by the Authority. The Authority
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 charged with the
• enforcement of this section shall be deemed to be
performing a governmental function for the benefit and
health and welfare of the general public and neither the
Authority nor any individual inspector, agent or
representative 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
23
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.
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. Samples shall be collected in such manner as
to be representative of the character and concentration
of 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. 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, such special
determination may be made by the Authority at the expense
of the owner or discharger.
2) 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 Kennedale 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.
Any discharger who procures all or part of its water
supply from sources other than the Kennedale 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
24
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.
E. Permit Modifications
1) 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
collection and treatment systems, 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,
or rules and regulations.
25
2) All categorical pretreatment standards promulgated
and adopted by the EPA after the effective date of this
ordinance shall automatically become a part of this
ordinance. Where a discharger, subject to a categorical
pretreatment standard, has not previously submitted an
application for a permit as required by Section S.A. 2)
above, 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 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 S.C. 1)
above. 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.
F. Confidential Information
1) All information and data submitted by a discharger to
the 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:
a. A discharger may assert a business
confidentiality claim covering part 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.
b. If no claim of business confidentiality is
asserted, all information will be subject to
public disclosure without further notice to
the discharger.
2) Method and time of asserting business confidentiality
claim: A discharge 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
identified by the discharger, and may be submitted
26
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.
3) Nothing in this section 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.
4) The provisions of this section shall be subject to
any public disclosure requirements which may exist under
Article 6252 -17a, V.A.C.S.
6. ENFORCEMENT
A. Revocation of Permit
The Authority may revoke the permit or terminate water or
sewer service of any discharger which fails to:
1) factually report the wastewater constituents and
characteristics of its discharge; or
2) report significant changes in wastewater constituents
or characteristics; or
3) allow reasonable access to the discharger's premises
by representatives of the Authority for the purpose of
inspection or monitoring; or
4) pay sewer charges; or
5) meet compliance schedules; or
6) fulfill the conditions of its permit, or this
ordinance, or to obey any final judicial order with
respect thereto.
B. Notification of Violation - Administrative Adjustment
Whenever the Authority finds that any discharger has
engaged in conduct which justifies revocation of a
permit, pursuant to Section 6.A. hereof, the Authority
shall serve or cause to be served upon such discharger a
written notice, either by personal delivery or by
certified or registered mail, return receipt requested,
27
certified or registered mail, return receipt requested,
stating the nature of the alleged violation. Within
thirty (30) days of the date of receipt of the notice,
the discharger shall respond in person or in writing to
the Authority, advising of its position with respect to
the allegations. Thereafter, the parties shall meet to
ascertain the veracity of the allegations and where
necessary, establish a plan for the satisfactory
correction thereof.
C. Show Cause Hearing
Where the violation of Section 6.A. hereof is not
corrected by means of administrative adjustment, the
Authority may order any violating discharger to show
cause, before the Authority or its duly authorized
representative, why the proposed permit revocation action
should not be taken. A written notice shall be served on
the discharger by personal service, or by certified or
registered mail, return receipt requested, specifying
the time and place of a hearing to be held by the
Authority or its designee regarding the violation, the
reasons why the enforcement action is to be taken, the
proposed enforcement action, and directing the
discharger to show cause before the Authority or
its designee why the proposed enforcement action should
not be taken. The notice of the hearing shall be
served no less than ten (10) days before the hearing.
Service may be made on any agent, officer, or authorized
representative of the discharger. The Authority
shall then enter appropriate orders with respect to
the alleged improper activities, if any.
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 the ordinance
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 ordinance
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 NPDES permit or to comply with any contract the
Authority has for the treatment of wastewater.
E. Judicial Proceedings
28
The Authority, with respect to the conduct of any
discharger contrary to the provisions of this ordinance
may authorize its attorney to commence any legal action
in a court of competent jurisdiction for equitable and /or
legal relief.
F. Emergency Suspension of Service & Discharge Permits
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 ordinance or any Permit issued
pursuant to this ordinance. 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.
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 city water
and /or wastewater service shall be reconnected at the
discharger's expense.
G. Operating Upsets
Any discharger which experiences an upset in
operations which places the discharger in a temporary
state of non - compliance with this ordinance 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
29
the discharger to file a written report within five
working days. The report shall specify:
1) Description of the upset, its cause and the upset's
impact on a discharger's compliance status.
2) 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.
3) All steps taken or to be taken to reduce, eliminate
and prevent recurrence of such an upset or other
conditions of non - compliance.
An operating upset which was not the result of
negligence on the part of the 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 ordinance 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 knowingly 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 ordinance, or
falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this
section, shall, upon conviction, be punished as provided
in section IV below.
7. MISCELLANEOUS
A. Removal Credits
30
Where applicable, the Authority may elect to initiate
a program of removal credits as part of this
ordinance to reflect the POTW's ability to remove
pollutants in accordance with 40 CFR Part 403.7.
B. 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.
C. Preservation of Records
All dischargers subject to this ordinance shall retain
and preserve for no less than three (3) years, any
records, books, documents, memoranda, reports,
correspondence and any correspondence and any and all
summaries thereof, relating to monitoring, sampling and
chemical analyses made by or made by or on behalf of a
discharger in connection with its discharge. 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.
D. 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 ordinance. Such charges may include,
but are not limited to:
1) permitting industrial facilities;
2) inspection;
3) sample analysis;
4) monitoring; and
5) enforcement.
E. Right of Revision
The Authority reserves the right to amend this ordinance
to provide for more or less stringent limitations or
requirements on discharges to the POTW where deemed
necessary to comply with the objectives set forth in
Section 2 of this ordinance.
31
F. Publication of List of Significant Violators
The Authority shall annually publish in the largest local
daily newspaper a list of users that have
significantly violated federal pretreatment requirements
during the previous 12 months. Definition of significant
violation shall be the definitions listed in 40 CFR Part
403.8 (f) (2) (vii), and in the Authority's NPDES permit.
SECTION II.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Kennedale,
Texas (1977), 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
conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION III.
That all rights or remedies of the City of Kennedale,
Texas, are expressly saved as to any and all violations
of Chapter 14 or of any amendments thereto, of the
Kennedale City Code (1977), as amended, 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 IV
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses
and phrases 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 phase, clause, sentence, paragraph or
section.
SECTION V.
That the violation of any pretreatment standard or
32
requirement, or any provision of this ordinance or of the
Kennedale City Code (1977), as amended, relating to
sewer service shall be deemed an offense and punishable
by a fine not exceeding Two Thousand Dollars ($2,000), or
the maximum permitted by law, and each violation hereof,
and each day on which there is a failure to comply with
the terms of this ordinance shall be and is hereby
declared to be a distinct and separate offense and
punishable as such. As used herein, the term violation
includes exceeding any discharge limit or parameter for
which a single sample is analyzed.
SECTION VI.
That the City Secretary of the City of Kennedale is
hereby directed to publish the caption and penalty
and shall be effective from and after it's publication.
PASSED AND APPROVED IN OPEN SESSION OF THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS on the 10th day of October, 1991.
APPROVED:
� _ V
Mayor, Steve Radakovich
ATTEST:
•
City Secretary '
33
B & B Publishing, Inc.
833 East Enon
P.O. Box 40230
Everman, TX 76140 -0230
Phone (817) 478 -4661
Publishers Of:
AFFIDAVIT OF PUBLICATION
EVERMAN TIMES
STATE OF TEXAS: KENNEDALE NEWS
FOREST HILL NEWS
COUNTY OF TARRANT: SOUTH COUNTY NEWS
CITY OF KENNEDALE
BEFORE ME, the undersigned authority, on this day personally appeared VICKY COOPER
who having been duly sworn, says upon her oath:
That she is the Circulation Manager of the KENNEDALE NEWS
which is a weekly newspaper published in Tarrant County, Texas with a general
CS
circulation in the city of KENNEDALE 4 61- S
and that a copy of ORDINANCE # 14
which is attached to this affidavit, was published in said newspaper on the
following date(s): to wit OCTOBER 24TH 1991
EXECUTED THIS 31ST DAY OF OCTOBER,1991
Vicky C6oper /
SUBSCRIBED AND SWORN TO BEFORE ME THIS, THE 31ST DAY OF OCTOBER, 1991
it r;7 f /.� / -1.:1 1
NOTARY PUBLIC
TEXAS