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ORDINANCE NO. 308
AN ORDINANCE OF THE CITY OF KENNEDALE, AMENDING CHAPTER
23, ARTICLE III OF THE KENNEDALE CITY CODE (1992), REQUIRING
PERMITS TO DISCHARGE INDUSTRIAL WASTE INTO THE KENNEDALE
SANITARY SEWER SYSTEM; AUTHORIZING THE DIRECTOR OF THE
PUBLIC WORKS TO PROMULGATE REGULATIONS PERTAINING TO
SUCH PERMITTING, PROVIDING FOR DEFINITIONS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
REPEALING ORDINANCE N0.14 (1991); PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale 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 of the City of Kennedale 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 of Kennedale; and
WHEREAS, the City of Kennedale 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 of
Kennedale, as a wholesale customer, agreed that it would 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 Environmental Quality has requested that
the holders of TPDES permits and all jurisdictions contributing to theirwastewater collection
systems to make certain amendments and revisions to their respective industrial waste
ordinances.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITYOF
KENNEDALE, TEXAS:
SECTION 1.
The Kennedale City Code, Chapter 23, Article III, is hereby amended by adopting
a new Division 3 and repealing the existing Division 3, as follows:
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"DIVISION 3. DISCHARGE REGULATIONS
Sec. 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
greaterthan 250 mg/L ora Biochemical Oxygen Demand (BOD) concentration greaterthan
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, asabnormal. 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 Regional Administrator of the EPA, or 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 10-22, 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 ordecision-making functions forthe 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, ageneral 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.
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(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); and
(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;
(c) the written authorization is submitted to the City. If an authorization
is no longer accurate because a different individual or position has
responsibility, anew authorization must be submitted to the City prior
to or togetherwith any reports signed by an authorized representative.
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 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.
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 treatment.
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.
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(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 fora 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.
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 Kennedale.
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.
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.
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.
gpd: gallons per day
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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.
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 orfrom the development, recovery or processing
of natural resources.
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 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) 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 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 (SW DA) (including Title I I, 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.
May: Is permissive.
mg/L: Milligram per liter.
New Source: Any building, structure, facility or installation from which there is or may be
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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 orwastewatergenerating processesofthe building, structure,
facility or installation are substantially independent of an existing source at
the same site. In determining whetherthese 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 necessaryforthe 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.
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, orwho
would pay or be legally responsible for such payment if so connected.
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.
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 City of Kennedale or 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 ofthe nature of pollutant properties in wastewaterto 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
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prohibited discharge limits established pursuant to 40 CFR Part 403.5, categorical
pretreatment standards, and local limits.
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.
Severe Property Damage: Substantial physical damage to property, damage to the
treatmentfacilitiestyhich 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 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 (SIU): All industrial users subject to categorical pretreatment
standards and any other industrial user that:
(1) 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);
(2) 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
(3) 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
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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 Slug Load: Any discharge of anon-routine, episodic nature, including but is not
limited to an accidental spill or anon-customary batch discharge.
Standard Industrial Classification (SIC) Code: 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.
Storm Water: Any flow occurring during or following any form 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, 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.
TRA: Trinity River Authority.
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 byoperationalerror, improperlydesignedtreatmentfacilities, inadequatetreatment
facilities, lack of preventive maintenance, or careless or improper operation thereof.
U.S.C: United States Code
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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.
Sec. 23-122. Purpose and policy.
(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 thegeneralpublies health and POTW personnel in conformancewith
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 setforth in 40
CFR Part 403.
(b) All categorical pretreatment standards, lists of toxic pollutants, industrial
categories and other standards and categories which have been orwhich 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 which 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 preventthe introduction of pollutants intothe 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;
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(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 which allows its use and disposal in compliance
with applicable statutes and regulations;
(7) To protect POTW personnel who maybe 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 as are from time to time necessary for the enforcement of this
Division.
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
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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 orwaste:
(1) Temperature. Any liquid or vapor having a temperature higher than one
hundred fifty degrees (150°) Fahrenheit (65° Centigrade) 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 40 degrees C (104 degrees F) 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 (32°) to one hundred fifty degrees
(150°) Fahrenheit, thereby contributing to the clogging, plugging orotherwise
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 140 degrees Fahrenheit or 60 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.
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(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 ordisposal 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;
(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;
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(13) Swimming Pool. ~Swimrning 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' b~ discharged to the POTW;
(14) :Detergents: betergents, surface-active agents, or other.s~bstances which
.may cause excessive foaming in the POTW;
(15) Medical .Waste. Medieval 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) of this Division.
(20) gH. 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.
(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) Fats, oils, and greases. Free or emulsified fats, oils, and greases exceeding
200 mg/L as determined by approved EPA method listed in 40CFR Part 136.
(2) 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
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(B) lower than 5.5 or higher than 11.0 for discharges to TRA.
(3) Metals. Metals in the form of compounds or elements with total
concentrations exceeding the following:
INSTANTANEOUS
MAXIMUM ALLOWABLE
DISCHARGE LIMIT (mg/L)
For Disharaes .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 2.3
Lead 0.9 2.9
Mercury 0.0004 0.01
Molybdenum 0.2 No Limit
Nickel 4.6 2.0
Selenium 0.1 No Limit
Silver 0.8 1.0
Zinc 8.0 8.0
TTO 2.1 No Limit
(4) 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.
(5) Gases. Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10 parts
per million.
(6) Radioactive. Radioactive wastes or isotopes with ahalf-life or concentration
exceeding limits established by the Authority in compliance with applicable
state or federal regulations.
(7) Toxics. 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.
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(8) Categorical. Pollutants in excess of the limitations established in an
applicable categorical pretreatment standard set forth in Title 40 of the Code
of Federal Regulations.
(9) Explosive. Wastewaters which emanate vapors causing the atmosphere in
the sewer system to exceed 20 percent of the lower explosive limit in the
immediate area of the discharge.
(f) ACCIDENTAL DISCHARGE/SLUG CONTROL PLAN
At least once every two (2) years, the Authority shall evaluate whether each
significant industrial user needs accidental discharge/slug control plan. The Authority may
require any user to develop, submit for approval, and implement such a plan. Alternatively,
the Authority may develop such a plan for any user. An accidental discharge/slug 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 of this Division; and
(4) Procedures to prevent adverse impactfrom 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 anywastewater 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.
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(A) All fixtures, equipment, and drain lines located in a facility's food
preparation and clean up areas shall be connected to an interceptor.
(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 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
capacity2.
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.
z In gallons.
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(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 mannerthat provides ready and easy accessibility
for monitoring, cleaning, and inspection.
(5) Maintain the interceptor in an effective operating condition by completely
cleaning the interceptorand removing all accumulated wastes semi-annually
or at a greater frequency as needed to meet regulated discharge limits.
(6) No chemicals, enzymes, bacteria, orotherchemicalgrease-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 listed 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).
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(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.
(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 dischargers Authorized Representative. 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) 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
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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 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 otherdischarge 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 subsection (d)(1) of this section.
(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
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this subsection musf be submitted in conformance with 40 CFR Part 403.12 (p).
Sec. 23-125. Administration by permit.
(a) PERMITS
(1) 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. The Application shall contain:
(A) All information required by section 23-125(c).
(B) 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;
(C) Number and type of employee, hours of operation, and proposed or
actual hours of operation;
(D) Each product produced by type, amount, process or processes, and
rate of production;
(E) Type and amount of raw materials processed (average and maximum
per day);
(F) Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
(G) Time and duration of discharge; and
(H) Any other information as may be deemed necessary by the Authority
to evaluate the wastewater discharge permit application.
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.
(2) No categorical industrial user shall be allowed to discharge until issued a
valid permit.
(3) The Authority will evaluate the completed applications and data furnished by
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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.
(4) 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.
(5) Where additional pretreatment and/or operation and maintenance activities
will be required to comply with this Division, pursuant to subsection (a)(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.
(A) 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.
(B) The time increments established between milestone dates shall be the
shortest practicable forthe completion ofthe 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.
(C) 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.
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(6) Prior to the approval of a permit, unless exempted by the Authority, all
dischargers shall provide monitoring facilities to allow inspection, sampling
and/orflow 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.
(1) 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:
(A) States that the new owner and/or operator has no immediate intent to
change the facility's operations and process;
(B) Identifies the specific date on which the transfer is to occur; and
(C) 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 the date of facility transfer.
(2) Wastewater Discharge Permit Requirements:
(A) A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years;
(B) A statement that the wastewater discharge permit is nontransferable
without prior notification to the City in accordance with section 23-
125(b)(1) ofthis Division, and provisions for furnishing the new owner
or operator with a copy of the existing wastewater discharge permit;
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(C) 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;
(D) 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
(E) 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.
(3) Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
(A) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(B) Requirements forthe installation of pretreatmenttechnology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into the
treatment works;
(C) Requirements forthe development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or
nonroutine discharges;
(D) 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;
(E) The unit charge of schedule of user charges and fees for
management of the wastewater discharge to the POTW;
(F) Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(G) A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with all
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applicable Federal and State pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit;
(H) Other conditions as deemed appropriate by the Authority to ensure
compliance with this Division, and State and Federal laws, rules, and
regulations; and
(I) Limits on the maximum wastewater constituents and characteristics
and location of approved discharge points.
(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 O & M or pretreatment is necessary to bring the discharger into
compliance with the applicable categorical pretreatment standards. The
report shall also contain:
(A) Identifyina Information. The name and address of the facility,
including the name of the operator and owner.
(B) Environmental Permits. A list of any environmental control permits
held by or for the facility.
(C) 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.
(D) 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).
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(E) Measurement of Pollutants.
(i) The categorical pretreatment standards applicable to each
regulated process.
(ii) The result of sampling and analysis identifying the nature and
concentration, and/or mass, where required bythe 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 of this Division.
(iii) Sampling must be performed in accordance with procedures
set out in section 23-125 (c)(4).
(F) 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.
(G) Compliance Schedule. If additional pretreatment and/or O&M will be
required to meetthe 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 forthe applicable pretreatment standard.
A compliance schedule pursuant to this Division must meet the
requirements set out in section 23-125 of this Division.
(H) Sianature 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).
(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
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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.
(3) Periodic Compliance Reports.
(A) 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 months (on dates specified by the Authority).
(B) 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.
(4) Analysis and Sampling Procedures.
(A) 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.
(B) Sample Collection.
(i) Except as indicated in subsection (c)(4)(B)(ii), the user must
collect wastewater samples using flow proportional composite
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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.
(ii) Samples foroil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds must be obtained
using grab collection techniques.
(5) ReportingAdditional 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 subsection
(c)(4) of this section, the results of this monitoring shall be included in the
report.
(6) 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
subsection (c)(4) of this section. This sampling and analysis may be
performed by the Authority in lieu of the significant industrial user.
(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.
(A) The notification to the Authority shall be received at least thirty (30)
days prior to change.
(B) 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.
(C) The Authority may issue a wastewater discharge permit or modify an
existing wastewater discharge permit in response to changed
conditions or anticipated changed conditions.
(D) For purposes of this requirement, significant changes include, but are
not limited to, flow increases or decreases of twenty percent (20%) or
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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.
(8) Authority Monitoring. Sampling and analysis for the reports required by
subsections (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.
(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 and for not reporting known
violations, including possibility of fine and imprisonment."
(10) Wastewater Analysis. When requested by the Authority, a user must submit
information on the nature and characteristics ofits wastewaterwithinthe 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.
(d) INSPECTION AND FLOW MEASUREMENT
(1) Inspection.
(A) 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 ortheir 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
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devices as are necessaryto conductsampling,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.
(B) Facilities regulated under this chapter 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) under sections 26.014 and 26.015 of
the Texas Water Code, as amended, and sections 361.032 and
361.037 of the Texas Health and Safety Code, as amended,
provisions of the Texas Water Code and Texas Health Safety Code.
(C) 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
maybe made by the Authority, Control Authority, TCEQ or EPA at the
expense of the owner or discharger.
(D) 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
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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.
(2) NOV/Repeat Sampling and Reporting. If sampling performed by an Industrial
User indicates a violation, the user shall notify the Control Authority within 24
hours of becoming aware of the violation. The User shall also repeat the
sampling and analysis and submit the results of the repeat analysis to the
Control Authority within 30 days after becoming aware of the violation, except
the Industrial User is not required to resample if:
(A) The Control Authority performs sampling at the Industrial User at a
frequency of at least once per month; or
(B) The Control Authority performs sampling at the User between the time
when the User performs its initial sampling and the time when the
User receives the results of this sampling.
(3) 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.
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.
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
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entering the sanitary sewage system of the Authority and/orthe 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:
(A) To incorporate any new or revised federal, state, or local pretreatment
standards or requirements.
(B) Material or substantial alterations or additions to the discharger's
operation processes, ordischarge volume or characterwhich were not
considered in drafting the effective permit.
(C) 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.
(D) 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.
(E) Violation of any terms or conditions of the permit.
(F) Misrepresentation or failure to disclose fully all relevant facts in the
permit application or in any required reporting.
(G) To correct typographical or other errors in the permit.
(H) To reflect transfer of the facility ownership and/or operation to a new
owner/operator.
(I) Upon request of the permittee, provided such request does not create
a violation of any applicable requirements, standards, laws, or rules
and regulations.
(2) 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)(2) above, the discharger shall apply for a permit from
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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 23-125(c)(1) above. 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.
(f) CONFIDENTIAL INFORMATION
(1) 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:
(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) Assertina 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 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.
(3) 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.
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(4) 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.
(g) 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) of this Division 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:
(1) 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
(2) 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) 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 Division, or to obey any final judicial
order with respect thereto.
(b) NOTIFICATION OF VIOLATION
(1) Whenever the Authority finds that any discharger has engaged in conduct
which justifies revocation of a permit, pursuant to section 23-126(a) hereof,
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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, stating the nature of the alleged violation.
(2) Within ten (10) days of the date of receipt of the notice, the discharger 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).
(c) ADMINISTRATIVE ORDERS
Where the violation of section 23-126(a), hereof 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 industrial users.
(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 industry in advance. Typically 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.
(4) Cease and Desist Order. An order which directs the noncompliant 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.
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(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 ordeals with a permit
issued pursuant hereto forwhich 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 forthe userto conduct environmental remediation. A petition for
injunction 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 54.018 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 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.
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(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/orwastewater service
shall be reconnected at the discharger's expense.
(g) ACT OF GOD+
(1) 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.
(2) Any discharger who experiences an upset in operations which places the
discharger in a temporary state of non-compliance with this Division shall
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inform the Authoritywithin 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:
(A) Description of the upset, its cause and the upset's impact on a
discharger's compliance status.
(B) Duration of non-compliance, including exact dates and times of
non-compliance, and if the non-compliance continues, the time by
which compliance is reasonably expected to occur.
(C) All steps taken or to be taken to reduce, eliminate and prevent
recurrence of such an upset or other conditions of non-compliance.
(3) 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 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 forthe 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) of this Division.
(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
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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 for no less than
three (3) years, any records, books, documents, memoranda, reports, correspondence and
any and all summaries thereof, relating to monitoring, sampling and chemical analyses
made by or 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.
(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
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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 of this Division.
(e) PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS
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
12 months. The Director, or the Director's designee, shall be responsible for calculating
the users who have committed significant violations. Significant violation shall mean any
of the following:
(1) Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of wastewater measurements taken
during asix-(6-)month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
(2) Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of wastewater measurements taken for
each pollutant parameterduring asix-(6-)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);
(3) 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 orthe general public;
(4) 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;
(5) 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;
(6) 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;
(7) Failure to accurately report noncompliance; or
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(8) Any other violation(s) which the Authority determines will adversely affect the
operation or implementation of the local pretreatment program."
SECTION 2.
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 eventthe conflicting provisions of such ordinances and such Code are
hereby repealed. Ordinance No. 14, adopted on October 10, 1991, is hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, 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 4.
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
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• injunctive relief pursuant to section 54.016, Texas Local Government Code and civil
penalties of up to $5000 per day pursuant to section 54.017, Texas Local Government
Code.
SECTION 5.
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 6.
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 7.
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 APPROVED ON THIS ~ DAY OF G~~l , 2005.
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Industrial Waste Ordinance 2005
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