HomeMy WebLinkAboutORD 1023 TRA Industrial Wastewater FinalTOWN OF WESTLAKE
ORDINANCE NO. 1023
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
CHAPTER 94 TITLED “UTILITIES”, TO ESTABLISH ARTICLE VI.
ENTITLED “INDUSTRIAL WASTEWATER” ADOPTING AND
ESTABLISHNG UNIFORM REQUIREMENTS FOR USERS OF THE
PUBLICLY OWNED TREATMENT WORKS FOR THE TOWN OF
WESTLAKE AND ENABLING THE TOWN OF WESTLAKE TO COMPLY
WITH ALL APPLICABLE STATE AND FEDERAL LAWS, INCLUDING
THE CLEAN WATER ACT (33 UNITED STATES CODE § 1251 ET SEQ.)
AND THE GENERAL PRETREATMENT REGULATIONS (40 CODE OF
FEDERAL REGULATIONS PART 403); PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a Type A General Law Municipality located in
Denton and Tarrant Counties, Texas; created in accordance with the provision of the Texas Local
Government Code and operating pursuant to the enabling legislation of the State of Texas; and
WHEREAS, the Town Council of Westlake, Texas finds that the discharge of industrial
wastewater without proper regulations may affect the health, safety and general welfare of the
public; and
WHEREAS, the Town Council of Westlake, Texas, deems it necessary to enact an
ordinance to govern proper regulations for industrial wastewater within the corporate limits of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and are
adopted and incorporated herein as if copied in their entirety.
SECTION 2: That the Town of Westlake, Texas hereby amends Chapter 94, “Utilities” to
establish and adopt Article VI “Industrial Wastewater”, to govern proper regulations for industrial
wastewater, a copy of which is attached hereto as Exhibit “A”.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all
other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or
provisions of this Ordinance are hereby repealed.
EXHIBIT A
TOWN OF WESTLAKE, TEXAS
ORDINANCE 1023 INDUSTRIAL WASTEWATER ORDINANCE
Ordinance 1023
Approved July 15, 2025
TABLE OF CONTENTS
Page
SECTION 1 - GENERAL PROVISIONS ..................................................................................................................... 1
1.1 Purpose and Policy ........................................................................................................................................ 1
1.2 Administration............................................................................................................................................... 1
1.3 Abbreviations ................................................................................................................................................ 2
1.4 Definitions ..................................................................................................................................................... 3
SECTION 2 - GENERAL SEWER USE REQUIREMENTS ....................................................................................... 9
2.1 Prohibited Discharge Standards .................................................................................................................... 9
2.2 National Categorical Pretreatment Standards ............................................................................................. .11
2.3 Reserved ...................................................................................................................................................... 11
2.4 Local Limits ................................................................................................................................................ 11
2.5 [Town's] Right of Revision ......................................................................................................................... 12
2.6 Dilution ....................................................................................................................................................... 12
2.7 Plant Loading .............................................................................................................................................. 13
SECTION 3 - PRETREATMENT OF WASTEWATER ............................................................................................ 13
3.1 Pretreatment Facilities ................................................................................................................................. 13
3.2 Additional Pretreatment Measures .............................................................................................................. 13
3.3 Accidental Discharge/Slug Control Plans ................................................................................................... 14
3.4 Hauled Wastewater ..................................................................................................................................... 14
SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION ................................................................ 14
4.1 Wastewater Analysis ................................................................................................................................... 14
4.2 Wastewater Discharge Permit Requirement ................................................................................................ 14
4.3 Wastewater Discharge Permitting:Existing Connections ............................................................................ 15
4.4 Wastewater Discharge Permitting:New Connections .................................................................................. 15
4.5 Wastewater Discharge Permit Application Contents .................................................................................. 15
4.6 Application Signatories and Certification ................................................................................................... 16
4.7 Wastewater Discharge Permit Decisions..................................................................................................... 17
SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS .................................................... 17
5.1 Wastewater Discharge Permit Duration ...................................................................................................... 17
5.2 Wastewater Discharge Permit Contents ...................................................................................................... 17
5.3 Reserved ...................................................................................................................................................... 18
5.4 Wastewater Discharge Permit Modification ............................................................................................... 18
5.5 Wastewater Discharge Permit Transfer ....................................................................................................... 19
5.6 Wastewater Discharge Permit Revocation .................................................................................................. 19
5.7 Wastewater Discharge Permit Reissuance .................................................................................................. 20
5.8 Regulation of Waste Received from other Jurisdictions ............................................................................. 20
5.9 Extrajurisdictional Users ............................................................................................................................. 20
SECTION 6 - REPORTING REQUIREMENTS ........................................................................................................ 20
6.1 Baseline Monitoring Reports ...................................................................................................................... 20
6.2 Compliance Schedule Progress Reports ...................................................................................................... 22
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline ................................................ 23
6.4 Periodic Compliance Reports ...................................................................................................................... 23
6.5 Reports of Changed Conditions .................................................................................................................. 23
6.6 Reports of Potential Problems ..................................................................................................................... 24
6.7 Reports from Unpermitted Users ................................................................................................................ 24
6.8 Notice of Violation/Repeat Sampling and Reporting .................................................................................. 24
6.9 Notification of the Discharge of Hazardous Waste ..................................................................................... 25
6.10 Analytical Requirements ............................................................................................................................. 25
6.11 Sample Collection ....................................................................................................................................... 26
6.12 Timing ......................................................................................................................................................... 26
6.13 Record Keeping ........................................................................................................................................... 26
SECTION 7 - COMPLIANCE MONITORING.......................................................................................................... 27
7.1 Right of Entry: Inspection and Sampling ................................................................................................... 27
7.2 Search Warrants .......................................................................................................................................... 27
SECTION 8 - CONFIDENTIAL INFORMATION .................................................................................................... 28
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE .............................................. 28
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES ....................................................................... 29
10.1 Notification of Violation ............................................................................................................................. 29
10.2 Reserved ...................................................................................................................................................... 29
10.3 Show Cause Hearing ................................................................................................................................... 29
10.4 Compliance Orders ...................................................................................................................................... 30
10.5 Cease and Desist Orders .............................................................................................................................. 30
10.6 Reserved ...................................................................................................................................................... 30
10.7 Emergency Suspensions .............................................................................................................................. 30
10.8 Termination of Discharge ............................................................................................................................ 31
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES ....................................................................................... 32
11.1 Injunctive Relief .......................................................................................................................................... 32
11.2 Civil Penalties ............................................................................................................................................. 32
11.3 Criminal Prosecution ................................................................................................................................... 32
11.4 Remedies Nonexclusive .............................................................................................................................. 33
11.5 Applicability of More Stringent Regulations .............................................................................................. 33
SECTION 12 - RESERVED ....................................................................................................................................... 34
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS ...................................................... 34
13.1 Act of God Provision................................................................................................................................... 34
13.2 Bypass ......................................................................................................................................................... 34
SECTION 14 - WASTEWATER TREATMENT RATES [RESERVED] ................................................................. 35
SECTION 15 - MISCELLANEOUS PROVISIONS................................................................................................... 35
15.1 Pretreatment Charges and Fees .................................................................................................................. 35
15.2 Severability ................................................................................................................................................ 37
SECTION 16 - EFFECTIVE DATE ........................................................................................................................... 37
1
INDUSTRIAL WASTEWATER ORDINANCE
ORDINANCE NO. 1023
SECTION 1 - GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works for the Town of
Westlake (Town) and enables the Town to comply with all applicable State and Federal laws, including the Clean Water
Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations
Part 403). The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with
its operation;
B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through
the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be
incompatible with the Publicly Owned Treatment Works;
C. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and
sludge in the course of their employment and the general public;
D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment
Works;
E. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement
of the Publicly Owned Treatment Works; and
F. To enable the Control Authority to comply with its National Pollutant Discharge Elimination System
permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the
Publicly Owned Treatment Works is subject.
This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance authorizes the
issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes
administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
1.2 Administration
Except as otherwise provided herein, the Designated Town Official (DTO) shall administer, implement, and
enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the DTO may be delegated by
the DTO to other Town personnel.
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1.3 Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated meanings:
· BOD - Biochemical Oxygen Demand
· BMP - Best Management Practice
· BMR - Baseline Monitoring Report
· CFR - Code of Federal Regulations
· CIU - Categorical Industrial User
· COD - Chemical Oxygen Demand
- DCRWS – Trinity River Authority Denton Creek Regional Wastewater System
· EPA - U.S. Environmental Protection Agency
· gpd - gallons per day
· IU - Industrial User
· mg/l - milligrams per liter
· NAICS - North American Industrial Classification System
· NPDES -National Pollutant Discharge Elimination System
· NSCIU - Non-Significant Categorical Industrial User
· POTW - Publicly Owned Treatment Works
· RCRA - Resource Conservation and Recovery Act
· SIC - Standard Industrial Classification
· SIU - Significant Industrial User
· SNC - Significant Noncompliance
· TCEQ -Texas Commission on Environmental Quality
· TPDES - Texas Pollutant Discharge Elimination System
· TRA - Trinity River Authority
· TSS - Total Suspended Solids
· TTO - Total Toxic Organics
· U.S.C. - United States Code
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1.4 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall
have the meanings hereinafter designated.
A. Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. § 1251 et seq.
B. Approval Authority. The Executive Director of the Texas Commission on Environmental Quality (TCEQ)
where the state has been delegated NPDES permit authority and has an approved pretreatment program.
C. Authorized Representative of the User.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a
principal business function, or any other person who performs similar policy or decision-
making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operating facilities, provided the
manager is authorized to make management decisions that govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiate and direct other comprehensive measures to assure
long-term environmental compliance with environmental laws and regulations; can ensure that
the necessary systems are established or actions taken to gather complete and accurate
information for individual wastewater discharge permit requirements; and where authority to
sign documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed
or designated to oversee the operation and performance of the activities of the government facility,
or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may designate another authorized
representative if the authorization is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the discharge originates or having
overall responsibility for environmental matters for the company, and the written authorization is
submitted to the Town.
D. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedures for five (5) days at 20 centigrade, usually expressed
as a concentration (e.g., mg/l).
E. Best Management Practices or BMPs. Means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed in Section
2.1 A and B [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage.
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F. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge
limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317)
which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts
405-471.
G. Categorical Industrial User (CIU). An Industrial User subject to a categorical Pretreatment Standard or
Categorical Standard.
H. Town. The Town of Westlake or the Town Council of Westlake, Contracting Party of the Trinity River
Authority’s Denton Creek Regional Wastewater System.
I. Composite Sample. A sample that is collected over time, formed either by continuous sampling or by
mixing discrete samples. The sample may be composited either as a time composite sample: composed of
discrete sample aliquots collected at constant time intervals providing a sample irrespective of stream flow;
or as a flow proportional composite sample: collected either as a constant sample volume at time intervals
proportional to flow, or collected by increasing the volume of each aliquot as the flow increases while
maintaining a constant time interval between the aliquots.
J. Control Authority. Trinity River Authority of Texas as holder of the TPDES permit.
K. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant during a calendar day.
Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass
discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a
concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration
derived from all measurements taken that day.
L. Designated Town Official [DTO]. The Director of Public Works of the Town of Westlake who is charged
with certain duties and responsibilities by this ordinance, or a duly authorized representative.
M. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other duly authorized official of said
agency.
N. Existing Source. Any source of discharge, the construction or operation of which commenced prior to the
publication by EPA of proposed categorical pretreatment standards, which will be applicable to such
source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
O. Grab Sample. A sample which is taken from a wastestream without regard to the flow in the wastestream
and over a period of time not to exceed fifteen (15) minutes.
P. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
Q. Extrajurisdictional user. A User the Town has determined requires a permit to discharge, other than a local
government, which is located outside the jurisdiction of the Town, and which discharges or plans to
discharge to the POTW.
R. 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 composited sample collected,
independent of the industrial flow rate and the duration of the sampling event.
S. Interference. A discharge, which alone or in conjunction with a discharge or discharges from other
sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the Control Authority's TPDES permit or of the
prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of
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the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); 40 CFR 503 sludge regulations; any State regulations contained
in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act and
30 TAC 312; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research,
and Sanctuaries Act.
T. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes,
sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and
dialysis wastes.
U. Monthly Average. The sum of all “daily discharges” measured during a calendar month divided by the
number of “daily discharges” measured during that month.
V. North American Industry Classification System (NAICS). Is a system used by the Federal Government for
collecting and organizing industry-related statistics. The NAICS codes are updated every five years to stay
current with industry developments.
W. NPDES (National Pollutant Discharge Elimination System). National Pollutant Discharge Elimination
System permit program of the Environmental Protection Agency, and/or the permit program of the state
agency delegated to act on EPA’s behalf with an approved pretreatment program (e.g. TPDES or Texas
Pollutant Discharge Elimination System).
X. New Source.
(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of
pollutants, the construction of which commenced after the publication of proposed pretreatment
standards under Section 307(c) of the Act which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source
is located; or
(b) The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility, or
installation are substantially independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent to which the new facility
is integrated with the existing plant, and the extent to which the new facility is engaged in the
same general type of activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a
new source if the construction does not create a new building, structure, facility, or installation
meeting the criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing
process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner or
operator has:
(a) Begun, or caused to begin, as part of a continuous onsite construction program
(i) any placement, assembly, or installation of facilities or equipment; or
(ii) significant site preparation work including clearing, excavation, or removal of existing
buildings, structures, or facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
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(b) Entered into a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a contractual obligation under
this paragraph.
Y. Noncontact Cooling Water. Water used for cooling which does not come into direct contact with any raw
material, intermediate product, waste product, or finished product.
Z. Normal Wastewater. Wastewater which the average concentration of suspended solids and five-day BOD
does not exceed 250 mg/l each.
AA. Pass Through. A discharge which exits the POTW into waters of the United States in quantities or
concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause
of a violation of any requirement of the Control Authority's TPDES permit, including an increase in the
magnitude or duration of a violation.
BB. Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock
company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents,
or assigns. This definition includes all Federal, State, and local governmental entities.
CC. pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
DD. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage
sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and
certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or
odor).
EE. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of
the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the
POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by
process changes; or by other means, except by diluting the concentration of the pollutants unless allowed
by an applicable pretreatment standard.
FF. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on
a user, other than a pretreatment standard.
GG. Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
HH. Process Wastewater. Water that comes into direct contact with or results from the production or use of any
raw material, intermediate product, finished product, byproduct, waste product, or wastewater, and/or as
defined in a National Pretreatment Standard.
II. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of
certain substances; these prohibitions appear in Section 2.1 of this ordinance.
JJ. Publicly Owned Treatment Works or POTW. A “treatment works,” as defined by Section 212 of the Act
(33 U.S.C. §1292) which is owned by the Town and/or the Control Authority. This definition includes any
devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or
industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
KK. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers,
and septic tanks.
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LL. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).
MM. Shall is mandatory; May is permissive.
NN. Significant Industrial User.
(1) SIUs
(a) A user subject to categorical pretreatment standards; or
(b) A user that:
(i) Discharges an average of twenty-five thousand (25,000) gpd or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
(ii) Contributes a process wastestream which makes up five (5) percent or more of the average
dry weather hydraulic or organic capacity of the POTW treatment plant; or
(iii) Is designated as such by the Town on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment standard or
requirement.
(c) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment standard or
requirement, the Town may at any time, on its own initiative or in response to a petition
received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that
such user should not be considered a significant industrial user.
(2) NSCIUs
(a) The Town may determine that an Industrial User subject to categorical Pretreatment Standards
is a Non-Significant Categorical Industrial User (NSCIU) rather than a Significant Industrial
User (SIU) on a finding of any of the three criteria below:
(i) The Industrial User never discharges more than 100 gallons per day (gpd) of total
categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown
wastewater, unless specifically included in the Pretreatment Standard);
(ii) The Industrial User is required by a categorical Pretreatment Standard to not discharge
categorical wastewater unless the Town has determined there is no potential for the
Industrial User to discharge the prohibited categorical wastewater;
(iii) The Industrial User is subject to numeric categorical Pretreatment Standard(s) and does
not discharge categorical wastewater unless the Town has determined there is no potential
for the Industrial User to discharge categorical wastewater;
(b) The following conditions must be met for an Industrial User classified as a NSCIU:
(i) The Industrial User, prior to Town’s finding, has consistently complied with all applicable
categorical Pretreatment Standards and Requirements;
(ii) The Industrial User annually submits the certification statement required in Section 4.6.C
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[see 40 CFR 403.12(q)], together with any additional information necessary to support the
certification statement; and
(iii) The Industrial User never discharges any untreated concentrated wastewater.
OO. Slug Load or Slug Discharge. Any discharge of a non-routine, episodic nature, including but not limited to
accidental spill or a non-customary batch discharge. , which has a reasonable potential to cause
Interference or Pass Through, or in any other way violate the POTW’s regulations, Local Limits or Permit
conditions.
PP. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial
Classification Manual issued by the United States Office of Management and Budget.
QQ. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting
from such precipitation, including snowmelt.
RR. Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water,
wastewater, or other liquid, and which is removable by laboratory filtering.
SS. Total Toxic Organics. The sum of the masses or concentration of the toxic organic compounds listed in 40
CFR 122 Appendix D, Table II, excluding pesticides, found in industrial users' discharge at a concentration
greater than 0.01 mg/L. With Categorical industries, TTOs will be sampled for as stipulated in the
particular category or those parameters reasonably suspected to be present, at the discretion of the DTO,
where not stipulated.
TT. User or Industrial User (IU). A source of indirect discharge.
UU. Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or
untreated, which are contributed to the POTW.
VV. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is designed to provide
treatment of municipal sewage and industrial waste.
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SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or
wastewater which causes pass through or interference. These general prohibitions apply to all users of the
POTW whether or not they are subject to categorical pretreatment standards or any other National, State,
or local pretreatment standards or requirements.
B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following
pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to,
wastestreams with a closed-cup flashpoint of less than 140F (60C) using the test methods
specified in 40 CFR 261.21;
(2) Wastewater having corrosive properties capable of causing damage or injury to structures,
equipment and/or personnel of the POTW, as per the specific prohibition in the applicable local
limits in Section 2.4.
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW
resulting in interference, blockage, or damage to the POTW.
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow
rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will
cause interference with the POTW;
(5) Wastewater having a temperature greater than 150F (65C), or which will inhibit biological
activity in the treatment plant resulting in interference, but in no case wastewater which causes the
temperature at the introduction into the treatment plant to exceed 104F (40C);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will
cause interference and/or pass through; and in amounts specified in section 2.4 of this Ordinance.
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
(8) Trucked or hauled pollutants, except at discharge points designated by the DTO and the Control
Authority in accordance with Section 3.4 of this ordinance;
(9) 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 or repair;
(10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not
limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the
treatment plant's effluent, thereby violating the applicable TPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable
State or Federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, and
unpolluted wastewater, unless specifically authorized by the DTO;
(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes;
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(14) Medical wastes, except as specifically authorized by the DTO, that do not cause or contribute to
Pass Through and/or Interference.
(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail
a toxicity test;
(16) Detergents, surface-active agents, or other substances which may cause excessive foaming in the
POTW;
(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater than that specified in the
applicable local limits in Section 2.4;
(18) A discharge of water, normal domestic wastewater, or industrial waste that which in quantity of flow
exceeds, for a duration of longer than fifteen minutes, more than four times the average twenty four
hour flow during normal operations of the industry;
(19) Insecticides and herbicides in concentrations that are not amenable to treatment;
(20) Garbage that is not properly shredded to such an extent that all particles will be carried freely under
the flow conditions normally prevailing in wastewater mains, with no particle having greater than
one-half (1/2") inch cross-sectional dimension;
(21) Wastewater or industrial waste generated or produced outside the Town, unless approval in writing
from the DTO has been given to the person discharging the waste; or,
(22) Without the approval of the DTO, a substance or pollutant other than industrial waste, normal
domestic wastewater, septic tank waste or chemical toilet waste that is of a toxic or hazardous
nature, regardless of whether or not it is amenable to treatment, including but not limited to bulk or
packaged chemical products.
C. Processing and Storage. Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the POTW.
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2.2 National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby
incorporated.
A. Where a categorical pretreatment standard is expressed in terms of either the mass or the concentration of a
pollutant in wastewater, the DTO may impose equivalent concentration or mass limits in accordance with
40 CFR 403.6(c)(1)
B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by
the same standard, the DTO shall impose an alternate limit using the combined wastestream formula in 40
CFR 403.6(e).
C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the
procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are
fundamentally different from the factors considered by EPA when developing the categorical pretreatment
standard.
D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
2.3 Reserved
2.4 Local Limits
A. The following pollutant limits are established to protect against pass through and interference and apply at
the point where the wastewater is discharged to the POTW. No person shall discharge or cause or permit
to be discharged, wastewater containing in excess of the following instantaneous or daily maximum
allowable discharge limits into the POTW:
(1) Toxic Pollutants specified in the following table:
Maximum Allowable
Discharge Limit (mg/L)
All concentrations for metallic substances are for "total" metal unless indicated otherwise. The DTO may impose
mass limitations in addition to, or in place of, the concentration-based limitations above.
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2.5 Town's Right of Revision
The Town reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent
standards or requirements on discharges to the POTW.
2.6 Dilution
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or
complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized
by an applicable pretreatment standard or requirement. The DTO may impose mass limitations on users who are using
dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass
limitations is appropriate.
2.7 Plant Loading
No industry shall discharge wastewater containing a BOD or TSS loading that causes the Town's prorata share of
the total BOD or TSS loading to the POTW System to exceed the Town's prorata share of the total flow to the POTW
System. (Example: If the Town contributes 25% of the total wastewater flow to the System, the Town's cumulative
BOD or TSS loading to the System, as measured at the Town's points of entry to the System, shall not exceed 25% of the
total BOD or TSS loading to the System.)
Any industry with a wastewater strength that will cause the Town's cumulative wastewater loading, at the Town's
points of entry, to exceed the Town's prorata share of the total wastewater loading based upon flow, shall be required to
install pretreatment facilities to reduce its wastewater strength to an acceptable level.
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SECTION 3 - PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance
with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 2.1 of this ordinance
within the time limitations specified by EPA, the State, the Control Authority, or the DTO, whichever is more stringent.
Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans
describing such facilities and operating procedures shall be submitted to the DTO for review, and shall be acceptable to
the DTO before such facilities are constructed. The review of such plans and operating procedures shall in no way
relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the
Town under the provisions of this ordinance.
3.2 Additional Pretreatment Measures
A. Whenever deemed necessary, the DTO may require users to restrict their discharge during peak flow
periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or
consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and require
such other conditions as may be necessary to protect the POTW and determine the user's compliance with
the requirements of this ordinance.
B. The DTO may require any person discharging into the POTW to install and maintain, on their property and
at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater
discharge permit may be issued solely for flow equalization.
C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the DTO, they are necessary
for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that
such interceptors shall not be required for residential users. All interception units shall be of type and
capacity approved by the DTO and shall be so located to be easily accessible for cleaning and inspection.
Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their
expense.
D. Users with the potential to discharge flammable substances may be required to install and maintain an
approved combustible gas detection meter, or other control device as deemed necessary by the DTO.
E. The DTO may develop Best Management Practices (BMP) and require Users to implement such BMP’s if
necessary to protect the POTW. Such BMP’s would be supplemental and not used as a replacement for
compliance with Local Limits listed in Section 2.4 and Prohibited Discharge Standards in Section 2.1.
3.3 Accidental Discharge/Slug Control Plans
The DTO shall evaluate whether each permitted significant industrial user needs an accidental discharge/slug
control plan or other action to control Slug Discharges no later than (1) one year of the SIU determination. The DTO
may require any user to develop, submit for approval, and implement such a plan. All the activities associated with Slug
Control evaluation and results are to be kept in the Industrial User file. An accidental discharge/slug control plan shall
address, at a minimum, the following:
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A. Description of discharge practices, including nonroutine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the DTO and Control Authority of any accidental or slug discharge,
as required by Section 6.6 of this ordinance; and
D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but
are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading
and unloading operations, control of plant site runoff, worker training, building of containment structures
or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and
equipment for emergency response.
3.4 Hauled Wastewater
A. Septage waste may be introduced into the POTW only at locations designated by the DTO and Control
Authority, and at such times as are established by the DTO and Control Authority. Such waste shall not
violate Section 2 of this ordinance or any other requirements established by the Town. The DTO and/or
Control Authority may require septic tank waste haulers to obtain wastewater discharge permits.
B. Septage waste haulers must provide a waste-tracking form for every load. This form shall include, at a
minimum, the name and address of the waste hauler, permit number, truck identification, names and
addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of
generator, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION
4.1 Wastewater Analysis
When requested by the DTO, a user must submit information on the nature and characteristics of its wastewater by
the deadline stipulated. The DTO is authorized to prepare a form for this purpose and may periodically require users to
update this information.
4.2 Wastewater Discharge Permit Requirement
A. No significant industrial user or nonsignificant categorical industrial user (NSCIU) shall discharge
wastewater into the POTW without first obtaining a wastewater discharge permit from the DTO, who may
disallow any or all discharges until a wastewater discharge permit is issued, except that a significant
industrial user or a NSCIU that has filed a timely application pursuant to Section 4.3 of this ordinance may
continue to discharge for the time period specified therein.
B. The DTO may require other users to submit a completed permit application or survey form, including
monitoring data, and to obtain wastewater discharge permits as necessary to carry out the purposes of this
ordinance. To determine the status of a user in relation to this ordinance, users may be required to perform
sampling as specified by the DTO.
C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of
this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections 09
through 12 of this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its
obligation to comply with all Federal and State pretreatment standards or requirements with any other
requirements of Federal, State, and local law.
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4.3 Wastewater Discharge Permitting: Existing Connections
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior
to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, apply to the DTO
for a wastewater discharge permit in accordance with Section 4.5 of this ordinance, and shall not cause or allow
discharges to the POTW to continue after ninety (90) days of the effective date of this ordinance except in accordance
with a wastewater discharge permit issued by the DTO. If, in the DTO’s judgment, the passing of the Ordinance does
not significantly affect the Industrial User’s current permit, then the existing permit will continue through to the
expiration date.
4.4 Wastewater Discharge Permitting: New Connections
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into
the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this
wastewater discharge permit, in accordance with Section 4.5 of this ordinance, must be filed prior to the date upon which
any discharge will begin or recommence.
4.5 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit a permit application. The DTO may
require all users to submit as part of an application the following information:
A. All information required by Section 6.1(B) of this ordinance;
B. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials
and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged
to the POTW;
C. Number and type of employees, hours of operation, and proposed or actual hours of operation;
D. Each product produced by type, amount, process or processes, and rate of production;
E. Type and amount of raw materials processed (average and maximum per day);
F. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and
appurtenances by size, location, and elevation, and all points of discharge;
G. Time and duration of discharges; and
H. Any other information as may be deemed necessary by DTO to evaluate the wastewater discharge permit
application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
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4.6 Application Signatories and Certification
A. All wastewater discharge permit applications and user reports as identified in 40 CFR §403.12(1), must be
signed by an authorized representative of the user, as defined in section 1.4(C) of the ordinance, and
contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
B. If the designation of an Authorized Representative is no longer accurate because a different individual or
position has responsibility for the overall operation of the facility or overall responsibility for
environmental matters for the company, a new written authorization satisfying the requirements of this
Section must be submitted to the DTO prior to or together with any reports to be signed by an Authorized
Representative.
C. A facility determined to be a Non-Significant Categorical Industrial User (NSCIU) by the DTO pursuant to
1.4 NN (2) must annually submit the signed certification statement signed in accordance with the signatory
requirements in 1.4C. This certification must accompany an alternative report required by the DTO.
Based on my inquiry of the person or persons directly responsible for managing compliance
with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of
my knowledge and belief that during the period from __________, ________ to ________,
________ [months, days, year]:
(a) The facility described as ____________________
[facility name] met the definition of a Non-Significant Categorical Industrial User as
described in 1.4 NN (2); [Note: See 40 CFR 403.3(v)(2)]
(b) The facility complied with all applicable Pretreatment Standards and requirements
during this reporting period; and (c) the facility never discharged more than 100 gallons
of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
4.7 Wastewater Discharge Permit Decisions
The DTO will evaluate the data furnished by the user and may require additional information. Within a
reasonable time from receipt of a complete wastewater discharge permit application, the DTO will determine whether or
not to issue a wastewater discharge permit. The DTO may deny any application for a wastewater discharge permit.
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SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5.1 Wastewater Discharge Permit Duration
A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the
effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the
discretion of the DTO. Each wastewater discharge permit will indicate a specific date upon which it will expire.
5.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the DTO to
prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
A. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five
(5) years;
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the
Town in accordance with Section 5.5 of this ordinance, and provisions for furnishing the new owner
or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits including Best Management Practices based on applicable pretreatment standards;
(4) Self monitoring, sampling, reporting, notification, and record-keeping requirements including
BMPs. These requirements shall include an identification of pollutants to be monitored, sampling
location, sampling frequency, and sample type based on Federal, State, and local law; and
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and
requirements, and any applicable compliance schedule. Such schedule may not extend the time for
compliance beyond that required by applicable Federal, State, or local law.
(6) Requirements to control Slug Discharge, if determined by the DTO to be necessary.
B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for
flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution control, or construction of
appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of
pollutants into the treatment works;
(3) Requirements for the development and implementation of spill control plans or other special
conditions including management practices necessary to adequately prevent accidental,
unanticipated, or nonroutine discharges;
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(4) Development and implementation of waste minimization plans to reduce the amount of pollutants
discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management of the wastewater
discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of
responsibility for compliance with all applicable Federal and State pretreatment standards, including
those which become effective during the term of the wastewater discharge permit; and
(8) Other conditions as deemed appropriate by the DTO to ensure compliance with this ordinance, and
State and Federal laws, rules, and regulations.
5.3 Reserved.
5.4 Wastewater Discharge Permit Modification
The DTO may modify a wastewater discharge permit for good cause, including, but not limited to, the following
reasons:
A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;
B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or
character since the time of wastewater discharge permit issuance;
C. A change in 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 POTW, POTW personnel, or the
receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit
application or in any required reporting;
G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater discharge permit; or
I. To reflect a transfer of the facility ownership or operation to a new owner or operator.
5.5 Wastewater Discharge Permit Transfer
A. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives a
minimum of sixty (60) days advance notice to the DTO and the DTO approves the wastewater discharge
permit transfer.
B. The notice to the DTO must include a written certification by the new owner or operator which:
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(1) States that the new owner and/or operator has no immediate intent to change the facility's operations
and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of
facility transfer.
5.6 Wastewater Discharge Permit Revocation
The DTO may revoke a wastewater discharge permit for good cause, including, but not limited to, the following
reasons:
A. Failure to notify the DTO of significant changes to the wastewater prior to the changed discharge;
B. Failure to provide prior notification to the DTO of changed conditions pursuant to Section 6.5 of this
ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit
application;
D. Falsifying self-monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the DTO timely access to the facility premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application;
L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or
this ordinance.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership.
All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge
permit to that user.
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5.7 Wastewater Discharge Permit Reissuance
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by
submitting a complete permit application, in accordance with Section 4.5 of this ordinance, prior to the expiration of the
user's existing wastewater discharge permit.
5.8 Regulation of Waste Received from Other Jurisdictions
A. A municipality which contributes wastewater to the POTW, shall enter into an interlocal agreement with
the Town prior to contributing such wastewater.
B. Prior to the Town entering into an interlocal agreement as provided in subsection A, the City may request
the following information from the contributing municipality:
(1) A description of the quality and volume of wastewater discharged to the POTW by the contributing
municipality;
(2) An inventory of all users located within the contributing municipality that are discharging to the
POTW; and
(3) Such other information as the Town may deem necessary.
5.9 Extrajurisdictional users
A. An extrajurisdictional user shall apply for a permit in accordance with this ordinance at least ninety (90)
days prior to discharging to the POTW
B. This section does not apply to extrajurisdictional users in jurisdictions which have an agreement with the
Town pursuant to section 5.8.
C. A wastewater discharge permit issued to an extrajurisdictional user shall be in the form of a contract, and
must include, at a minimum, the components found in 40 CFR 403.8(f)(1)(iii) and shall require the
approval of the Town’s council. An extrajurisdictional user shall agree to all the terms of this ordinance
and the terms of its wastewater discharging contract in accordance with the procedures set forth in section
5.2 of this Ordinance prior to discharging into the POTW.
SECTION 6 - REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard,
or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is
later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall
submit to the DTO a report which contains the information listed in paragraph B, below. At least ninety
(90) days prior to commencement of their discharge, new sources, and sources that will become categorical
users subsequent to the promulgation of an applicable categorical standard, shall submit to [the DTO] a
report which contains the information listed in paragraph B, below. A new source shall report the method
of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give
estimates of its anticipated flow and quantity of pollutants to be discharged.
B. Users described above shall submit the information set forth below.
(1) Identifying Information. The name and address of the facility, including the name of the operator
and owner.
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(2) Environmental Permits. A list of any environmental control permits held by or for the facility.
(3) Description of Operations. A brief description of the nature, average rate of production, and
standard industrial classifications and/or North American Industry Classifications (NAICS) 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.
(4) Flow Measurement. Information showing the measured or estimated 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 wastestream formula set out in 40 CFR 403.6(e).
(5) Measurement of Pollutants.
(a) The categorical pretreatment standards applicable to each regulated process (and any new
categorically regulated processes for Existing Sources.)
(b) The results of sampling and analysis identifying the nature and concentration, and/or mass,
where required by the standard or by the DTO, of regulated pollutants in the discharge from
each regulated process.
(c) Instantaneous, daily maximum, and long-term average concentrations, or mass, where required,
shall be reported.
(d) The sample shall be representative of daily operations and shall be analyzed in accordance with
procedures set out in Section 6.10 of this ordinance. Where the Standard requires compliance
with a BMP or pollution prevention alternative, the User shall submit documentation as
required by the DTO or the applicable Standards to determine compliance with the Standard.
(e) If discharge flow conditions are representative of daily operations, the User shall take a
minimum of one representative sample to compile that data necessary to comply with the
requirements of this section. The DTO may require additional representative sampling to be
conducted.
(f) Representative samples should be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated process if no pretreatment exists. If
other wastewaters are mixed with the regulated wastewater prior to pretreatment the User
should measure the flows and concentrations necessary to allow use of the combined
wastestream formula in 40CFR 403.6(e) to evaluate compliance with Pretreatment Standards.
(g) The DTO may allow the submission of a baseline report which utilizes only historical data so
long as the data provides information sufficient to determine the need for industrial
pretreatment measures.
(h) The baseline report shall indicate the time, date and place of sampling and method of analysis,
and shall certify that such sampling and analysis is representative of normal work cycle and
expected pollutant discharges to the POTW.
(i) Sampling must be performed in accordance with procedures set out in Section 6.11 of this
ordinance.
(6) 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.
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(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the
pretreatment standards, the shortest schedule by which the user will provide such additional
pretreatment and/or O&M. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. A compliance schedule
pursuant to this section must meet the requirements set out in Section 6.2 of this ordinance.
(8) Signature and Certification. All baseline monitoring reports must be signed and certified in
accordance with Section 4.6 of this ordinance.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section 6.1(B)(7) of this ordinance:
A. The schedule shall contain progress increments in the form of dates for the commencement and completion
of major events leading to the construction and operation of additional pretreatment required for the user to
meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer,
completing preliminary and final plans, executing contracts for major components, commencing and
completing construction, and beginning and conducting routine operation);
B. No increment referred to above shall exceed nine (9) months;
C. The user shall submit a progress report to the DTO no later than fourteen (14) days following each date in
the schedule and the final date of compliance including, as a minimum, whether or not it complied with the
increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to
return to the established schedule; and
D. In no event shall more than nine (9) months elapse between such progress reports to the DTO.
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment
standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW,
any user subject to such pretreatment standards and requirements shall submit to the DTO a report containing the
information described in Section 6.1(B)(4-6) of this ordinance. For users subject to equivalent mass or concentration
limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure
of the user's long-term production rate. In cases where the Categorical Pretreatment Standard requires compliance with a
BMP or pollution prevention alternative, the User shall submit documentation as required by the applicable Categorical
Pretreatment Standard necessary to determine the compliance status of the User For all other users subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of
operation), this report shall include the user's actual production during the appropriate sampling period. All compliance
reports must be signed and certified in accordance with Section 4.6 of this ordinance. All sampling will be done in
conformance with Section 6.11 of the ordinance.
6.4 Periodic Compliance Reports
A. All significant industrial users shall, at a frequency determined by the DTO but in no case less than twice
per year, submit a report indicating the nature and concentration of pollutants in the discharge which are
limited by pretreatment standards and the measured or estimated average and maximum daily flows for the
reporting period. In cases where the Categorical Pretreatment Standard or the DTO requires compliance
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with a BMP or pollution prevention alternative, the User shall submit documentation as required by the
DTO or the applicable Categorical Pretreatment Standard necessary to determine the compliance status of
the User. All periodic compliance reports must be signed and certified in accordance with Section 4.6 of
this ordinance.
B. All Non-significant Categorical Industrial Users (NSCIU) shall submit a report annually in the month
specified by the DTO. The report shall be completed according to the Town’s current reporting
requirements, including the submittal of the applicable certification statement found in Section 4.6 of this
ordinance.
C. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow
measurement facilities shall be properly operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for
the user to claim that sample results are unrepresentative of its discharge.
D. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than
required by the DTO, using the procedures prescribed in Section 6.10 and 6.11 of this ordinance, the
results of this monitoring shall be included in the report.
6.5 Reports of Changed Conditions
Each user must notify the DTO of any planned significant changes to the user's operations or system which might
alter the nature, quality, or volume of its wastewater before the change is made.
A. The DTO may require the user to submit such information as may be deemed necessary to evaluate the
changed condition, including the submission of a wastewater discharge permit application under Section
4.5 of this ordinance.
B. The DTO may issue a wastewater discharge permit under Section 4.7 of this ordinance or modify an
existing wastewater discharge permit under Section 5.4 of this ordinance in response to changed conditions
or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of
twenty percent 20% or greater, and the discharge of any previously unreported pollutants that are
determined to be of concern.
6.6 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a
nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify the Town and the Control
Authority of the incident. This notification shall include the location of the discharge, type of waste,
concentration and volume, if known, and corrective actions taken by the user.
B. Within five (5) days following such discharge, the user shall, unless waived by the DTO, submit a detailed
written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent
similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or
other liability which may be incurred as a result of damage to the POTW, natural resources, or any other
damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other
liability which may be imposed pursuant to this ordinance.
C. A notice shall be permanently posted on the user's bulletin board or other prominent place advising
employees whom to call in the event of a discharge described in paragraph A, above. Employers shall
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ensure that all employees, who may cause such a discharge to occur, are advised of the emergency
notification procedure.
D. Significant Industrial Users are required to notify the DTO immediately of any changes
at its facility affecting the potential for a Slug Discharge
6.7 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the DTO as the
DTO may require.
6.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the DTO within twenty-four (24) hours
of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the
repeat analysis to the DTO within thirty (30) days after becoming aware of the violation. The user is not required to
resample if the DTO monitors at the user's facility at least once a month, or if the DTO samples between the user's initial
sampling and when the user receives the results of this sampling, or if the DTO has performed the sampling and analysis
in lieu of the user.
6.9 Notification of the Discharge of Hazardous Waste
A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional
Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge
into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261,
the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user
discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the
notification also shall contain the following information to the extent such information is known and
readily available to the user: an identification of the hazardous constituents contained in the wastes, an
estimation of the mass and concentration of such constituents in the wastestream discharged during that
calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged
during the following twelve (12) months. All notifications must take place no later than one hundred and
eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted
only once for each hazardous waste discharged. However, notifications of changed conditions must be
submitted under Section 6.5 of this ordinance. The notification requirement in this section does not apply
to pollutants already reported by users subject to categorical pretreatment standards under the self-
monitoring requirements of Sections 6.1, 6.3, and 6.4 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A, above, during a calendar month in which
they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15)
kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months
during which the user discharges more than such quantities of any hazardous waste do not require
additional notification.
C. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of
hazardous waste or listing any additional substance as a hazardous waste, the user must notify [the DTO],
the POTW, the EPA Regional Waste Management Waste Division Director, and State hazardous waste
authorities of the discharge of such substance within ninety (90) days of the effective date of such
regulations.
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D. In the case of any notification made under this section, the user shall certify that it has a program in place
to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be
economically practical.
E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged
by this ordinance, a permit issued thereunder, or any applicable Federal or State law.
6.10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, and
amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136
does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the
Part 136 sampling and analytical techniques are inappropriate for the pollutant in question sampling and analyses shall
be performed by using validated analytical methods or any applicable sampling and analytical procedures, including
procedures suggested by the DTO and/or Control Authority EPA, TCEQ, or other parties approved by EPA .
6.11 Sample Collection
A. Except as indicated in Section B and C below, the User must collect wastewater samples using 24-hour
flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab
sampling is authorized by the DTO. Where time-proportional composite sampling or grab sampling is
authorized by the Town, the samples must be representative of the discharge. Using protocols (including
appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab
samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide,
total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile
organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other
parameters unaffected by the compositing procedures as documented in approved EPA methodologies may
be authorized by the Town, as appropriate. In addition, grab samples may be required to show compliance
with Instantaneous Limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds
must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports required in Section
6.1 and 6.3 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical
sampling data do not exist; for facilities for which historical sampling data are available, the DTO may
authorize a lower minimum. For the reports required by paragraphs Section 6.4 (40 CFR 403.12(e) and
403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and
assure compliance by with applicable Pretreatment Standards and Requirements.
6.12 Timing
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall
govern.
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6.13 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and any
additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such
requirements, and documentation associated with Best Management Practices established in this ordinance.. Records
shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the
dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be
automatically extended for the duration of any litigation concerning the user or the Town, or where the user has been
specifically notified of a longer retention period by the DTO.
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SECTION 7 - COMPLIANCE MONITORING
7.1 Right of Entry: Inspection and Sampling
The DTO and/or the Control Authority, State and Federal representatives, or their designated representative shall
have the right to enter the premises of any user to determine whether the user is complying with all requirements of this
ordinance and any wastewater discharge permit or order issued hereunder. Users shall allow inspecting or sampling
person ready access to all parts of the premises for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
A. Where a user has security measures in force which require proper identification and clearance before entry
into its premises, the user shall make necessary arrangements with its security guards so that, upon
presentation of suitable identification, the Town, Control Authority, State and Federal representatives, will
be permitted to enter without delay for the purposes of performing specific responsibilities.
B. The DTO an/or Control Authority shall have the right to set up on the user's property, or require
installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
All sampling and analysis performed by the DTO and/or Control Authority to monitor compliance
shall be at the expense of the industrial user.
C. The DTO and/or Control Authority may require the user to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the user at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated, at a minimum, annually to ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or
sampled shall be promptly removed by the user at the written or verbal request of [the DTO] and/or
Control Authority and shall not be replaced. The costs of clearing such access shall be born by the user.
E. Unreasonable delays in allowing the inspecting or sampling person access to the user's premises shall be a
violation of this ordinance.
F. In accordance with 40 CFR 403, the Town shall inspect and monitor each Significant Industrial User a
minimum of once per year. If the Town elects to perform compliance monitoring for the Significant
Industrial User then the Town will monitor the industry a minimum of semi annually.
G. Town shall inspect each NSCIU a minimum of once per year. If the Town elects to perform compliance
monitoring for the NSCIU then the Town will monitor the industry a minimum of one time each permit.
7.2 Search Warrants
If the DTO and/or Control Authority has been refused access to a building, structure, or property, or any part
thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there
is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town designed to verify
compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and
welfare of the community, then the DTO and/or Control Authority may seek issuance of a search warrant from the an
appropriate court.
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SECTION 8 - CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring programs, and from inspection and sampling activities, shall be available
to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the
Town and/or Control Authority, that the release of such information would divulge information, processes, or methods of
production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the
time of submission of the information or data. When requested and demonstrated by the user furnishing a report that
such information should be held confidential, the portions of a report which might disclose trade secrets or secret
processes shall only be available pursuant to the requirements of the Texas Public Information Act, but shall be made
available immediately upon request to governmental agencies for uses related to the TPDES program or pretreatment
program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and
characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information
and will be available to the public without restriction.
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The DTO shall publish annually, on the Town’s website and/or in a newspaper of general circulation that provides
meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the
previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and
requirements. Said Users shall pay the cost of publication. The term Significant Noncompliance shall be applicable to all
Significant Industrials Users (or any other Industrial User that violates paragraphs (C), (D), or (H) of this Section) and
shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%)
or more of all the measurements taken for the same pollutant parameter taken during a six- (6-) month
period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including
Instantaneous Limits as defined in Section 2;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or
more of wastewater measurements taken for each pollutant parameter during a six- (6-) month period
equals or exceeds the product of the numeric Pretreatment Standard or Requirement including
Instantaneous Limits, as defined by Section 2 multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a Pretreatment Standard or Requirement as defined by Section 2 (Daily Maximum,
long-term average, Instantaneous Limit, or narrative standard) that the DTO determines has caused, alone
or in combination with other discharges, Interference or Pass Through, including endangering the health of
POTW personnel or the general public;
D. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment,
or has resulted in the DTO’s exercise of its emergency authority to halt or prevent such a discharge;
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E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained
in an individual wastewater discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
F. Failure to provide within forty-five (45) days after the due date, any required reports, including baseline
monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of Best Management Practices, which the DTO
determines will adversely affect the operation or implementation of the local pretreatment program.
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation
When the DTO finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the DTO may serve upon
that user a written Notice of Violation. Within the time frame specified in the notice, an explanation of the violation and
a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by
the user to the DTO. Submission of this plan in no way relieves the user of liability for any violations occurring before
or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the DTO to take any action,
including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
10.2 Consent Order
The DTO may enter into Consent Orders, assurance of compliance, or similar documents establishing an
agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the
User to correct the noncompliance within a time period specified by the document. Such documents shall have the same
force and effect as the administrative orders issued pursuant to Sections 10.4 and 10.5 of the ordinance and shall be
judicially enforceable
10.3 Show Cause Hearing
The DTO may order a user which has violated, or continues to violate, any provision of this ordinance, a
wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear
before the DTO and show cause why the proposed enforcement action should not be taken. Notice shall be served on the
user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a
request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the
hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a
bar against, or prerequisite for, taking any other action against the user.
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10.4 Compliance Orders
When the DTO finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the DTO may issue an
order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the
user does not come into compliance within the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also
may contain other requirements to address the noncompliance, including additional self-monitoring and management
practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend
the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve
the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a
bar against, or a prerequisite for, taking any other action against the user.
10.5 Cease and Desist Orders
When the DTO finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past
violations are likely to recur, the DTO may issue an order to the user directing it to cease and desist all such violations
and directing the user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or
threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against
the user.
10.6 Reserved
10.7 Emergency Suspensions
The DTO may immediately suspend a user's discharge, after informal notice to the user, whenever such
suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an
imminent or substantial endangerment to the health or welfare of persons. The DTO may also immediately suspend a
user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or
which presents, or may present, an endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In
the event of a user's failure to immediately comply voluntarily with the suspension order, the DTO may
take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or
minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The DTO may
allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the DTO
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that the period of endangerment has passed, unless the termination proceedings in Section 10.8 of this
ordinance are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall
submit a detailed written statement, describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence, to the DTO prior to the date of any show cause or termination
hearing under Sections 10.3 or 10.8 of this ordinance.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this
section.
10.8 Termination of Discharge
In addition to the provisions in Section 5.6 of this ordinance, any user who violates the following conditions is
subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics
prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling;
or
E. Violation of the pretreatment standards in Section 2 of this ordinance.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause
under Section 10.3 of this ordinance why the proposed action should not be taken. Exercise of this option by the DTO
shall not be a bar to, or a prerequisite for, taking any other action against the user.
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
When the DTO finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the DTO may petition the
appropriate Court through the Town's 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 ordinance on activities of the user. The DTO may also seek such other action as is appropriate for legal
and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
11.2 Civil Penalties
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A. A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the
Town for a maximum civil penalty as allowed by law per violation, per day. In the case of a monthly or
other long-term average discharge limit, penalties shall accrue for each day during the period of the
violation.
B. The DTO may recover reasonable attorneys' fees, court costs, and other expenses associated with
enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages
incurred by the Town.
C. In determining the amount of civil liability, the Court shall take into account all relevant circumstances,
including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the
violation, any economic benefit gained through the user's violation, corrective actions by the user, the
compliance history of the user, and any other factor as justice requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action
against a user.
11.3 Criminal Prosecution
A. A user who intentionally, knowingly, recklessly, or negligently violates any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement
shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than Two Thousand
Dollars ($2,000.00) per violation, per day, or imprisonment as decided by an appropriate court, or both.
B. A user who intentionally, knowingly, recklessly, or negligently introduces any substance into the POTW
which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and
be subject to the same penalties described in 11.3.A. of this Ordinance. This penalty shall be in addition to
any other cause of action for personal injury or property damage available under State law.
C. A user who makes any false statements, representations, or certifications in any application, record, report,
plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater
discharge permit, or order issued hereunder, or who falsifies, tampers with, or renders inaccurate any
monitoring device or method required under this ordinance shall, upon conviction, be subject to the same
penalties described in 11.3.A. of this Ordinance.
D. CRIMINAL RESPONSIBILITY. A person is criminally responsible for a violation of this Ordinance if
that person intentionally, knowingly, recklessly, or negligently::
(1) commits or assists in the commission of a violation, or causes or permits another person to commit a
violation; or
(2) owns or manages the property or facilities determined to be the cause of the illegal
discharge under Section 2.1, 2.2, 2.4, 3.4, or 4.2.
11.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The DTO may take any, all, or any combination of
these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with
the Town's enforcement response plan. However, the DTO may take other action against any user when the
circumstances warrant. Further, the DTO is empowered to take more than one enforcement action against any
noncompliant user.
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11.5 Applicability of More Stringent Regulations
A. It is the intent of the Town Council that all federal and state laws be followed by all users and if national
pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this
article are promulgated by the United States Environmental Protection Agency for certain industries, the
more stringent national pretreatment standards shall be adopted by future ordinance or incorporated as if
set forth full in the Ordinance, upon written notice of that promulgation to the affected industrial user.
Any violation of the more stringent national pretreatment standards subsequent to that written notice to an
industrial user will also be considered a violation of this Ordinance.
B. Applicability of more stringent discharge limits. An industrial user within the Town who discharges
industrial waste ultimately received and treated by another governmental entity pursuant to a wholesale
wastewater contract or a reciprocal agreement with the Town is subject to the following additional rules,
upon written notice of more stringent discharge limits that apply to the other governmental entity, provided
that written notice shall not be required if the Town adopts ordinances incorporating said additional rules
or if federal or state law requires that such additional rules be followed :
(1) If the governmental entity has more stringent discharge limits than those prescribed by this
Ordinance, or by a discharge permit issued hereunder, because the United States Environmental
Protection Agency requires the more stringent discharge limits as part of the governmental entity's
wastewater pretreatment program, the more stringent discharge limits shall prevail.
(2) The DTO is authorized to issue a discharge permit to an industrial user affected by Subsection (1), to
insure notice of and compliance with the more stringent discharge limits. If the industrial user
already has a discharge permit, the DTO may amend the permit to apply and enforce the more
stringent discharge limits. An industrial user shall submit to the DTO an expected compliance date
and an installation schedule if the more stringent discharge limits necessitate technological or
mechanical adjustments to discharge facilities or plant processes.
(3) If the DTO receives notice from the governmental entity of a change to the instantaneous maximum
allowable discharge limits or to other applicable requirements, the director shall notify the affected
significant industrial user in writing of the change in the instantaneous maximum allowable
discharge limits and the effective date of the change. The DTO shall amend the permit to include the
new discharge limits. If the change results in more stringent instantaneous maximum allowable
discharge limits, an industrial user shall be given a reasonable opportunity to comply with the more
stringent instantaneous maximum allowable discharge limits.
(4) The more stringent discharge limits cease to apply upon termination of the Town's wholesale
wastewater contract or reciprocal agreement with the governmental entity, or upon modification or
elimination of the limits by the government entity or the United States Environmental Protection
Agency. The DTO shall take the appropriate action to notify the affected industrial user of an
occurrence under this Subsection (4).
C. Variances in compliance dates. The DTO may grant a variance in compliance dates to an industry when,
in the DTO's opinion, such action is necessary to achieve pretreatment or corrective measures. In no case
shall the DTO grant a variance in compliance dates to an industry affected by national categorical
pretreatment standards beyond the compliance dates established by the United States Environmental
Protection Agency.
D. Authority to regulate. The Town may establish regulations, not in conflict with this Ordinance other laws,
to control the disposal and discharge of industrial waste into the wastewater system and to insure
compliance with the Town's pretreatment enforcement program with all applicable pretreatment
regulations promulgated by the United States Environmental Protection Agency. The regulations
established shall, where applicable, be made part of any discharge permit issued to an industrial user by the
DTO.
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SECTION 12 – RESERVED
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Act of God Provision
In an action brought in municipal or state court only:
A. An event that would otherwise be a violation that is caused solely by an act of God, war, strike, riot, or
other catastrophe, as defined in Texas Water Code (TWC) § 7.251, is an affirmative defense to prosecution
for a violation of this Ordinance.
B. In any 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.
C. In the event that a user satisfies the conditions set forth in Subsections A. and B. above, the user shall
control production of all discharges to the extent necessary to maintain compliance with pretreatment
standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an
alternative method of treatment is provided.
13.2 Bypass
A. For the purposes of this section:
(1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment
facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
B. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be
violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are
not subject to the provision of paragraphs (C) and (D) of this section.
C. Bypass notification
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the DTO, at least
ten (10) days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the DTO of an unanticipated bypass that exceeds applicable
pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five (5) days of the time the user becomes aware
of the bypass. The written submission shall contain a description of the bypass and its cause; the
duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the bypass. The DTO may waive the written report on a case-by-case basis
if the oral report has been received within twenty-four (24) hours.
D. Bypass
(1) Bypass is prohibited, and the DTO may take an enforcement action against a user for a bypass,
unless
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(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive maintenance; and
(c) The user submitted notices as required under paragraph (C) of this section.
(2) The DTO may approve an anticipated bypass, after considering its adverse effects, if the DTO
determines that it will meet the three conditions listed in paragraph (D)(1) of this section.
SECTION 14 - WASTEWATER TREATMENT RATES
[RESERVED]
SECTION 15 - MISCELLANEOUS PROVISIONS
15.1 Pretreatment Charges and Fees
A. The Town may adopt reasonable fees for reimbursement of costs of setting up and operating the Town's
Pretreatment Program which may include:
(1) Fees for wastewater discharge permit applications including the cost of processing such
applications;
(2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and
analyzing a user's discharge, and reviewing monitoring reports submitted by users;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
(4) Fees for filing appeals; and
(5) Recovery of administrative and legal costs associated with enforcement activity taken by the DTO to
address industrial user noncompliance.
(6) Fees for treating abnormal strength wastes
(7) Fees incurred from an upset, bypass or unauthorized discharge; and
(8) Other fees as the Town may deem necessary to carry out the requirements contained herein. These
fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines,
and penalties chargeable by the Town.
B. Surcharge
(1) Industrial users shall be charged for the treatment of abnormal strength wastes, as set out in the
Town’s Schedule of Fees.
(2) Water or wastes having:
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(a) A five day biochemical oxygen demand greater than two hundred fifty (250) parts per million
(ppm) by weight, or
(b) Containing more than two hundred fifty (250) parts per million by weight of total suspended
solids shall not be allowed to be discharged into the POTW, unless the Town Manager or
appointee has reviewed the water or wastes, and determined that considering all factors,
including the concentration of wastes, the type of wastes, the current limits of the POTW, and
all other relevant factors, that the above water or wastes, as set out in number one and two of
this subsection may be allowed.
(3) Such discharge shall be subject to a surcharge as shown on the Town’s Schedule of Fees.
(4) In no case shall a discharge be accepted that will prevent the POTW from meeting its TPDES limits.
(5) The surcharge will be assessed according to the following formula each month using the most
current pollutant concentration data and the current months' wastewater flow:
Surcharge = Q x [a(BOD - x) + b(TSS - y)][8.34]
1,000,000
Where:
Q = flow in gallons
8.34= weight in pounds of one gallon of water
x = normal limits of BOD in domestic wastewater expressed in milligrams per liter
y = normal limits of TSS in domestic wastewater expressed in milligrams per liter
a = unit cost of treatment per pound of BOD
b = unit cost of treatment per pound of TSS
BOD = measured amount of BOD, in mg/l
TSS = measured amount of TSS, in mg/l
A surcharge is an additional charge by the POTW for the increased cost of handling discharge of
unusual strength and character and shall not serve as a variance to the requirements of this
ordinance. Exercise of this provision shall not be a bar to, or a prerequisite for, taking any other
action against the user.
15.2 Severability
If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions
shall not be effected and shall continue in full force and effect.
SECTION 16 - EFFECTIVE DATE
This Ordinance shall be in full force and effective from and after ten (10) days from the date of approval by the
State.