O-539-8-84ORDINANCE NO. 539-8-84
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO
THE SANITARY SEWERS OF THE CITY; ESTABLISHING A PERMIT
SYSTEM; ESTABLISHING A SYSTEM OF CHARGES FOR SERVICES
RENDERED; REGULATING UNSEWERED AND MISCELLANEOUS
DISCHARGES; REPEALING ORDINANCE NO. 77; PROVIDING FOR A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS (#200.00) FOR
EACH OFFENSE; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Allen has provided facilities for the collection and
treatment of wastewater to promote the health, safety and convenience of its people
and for the safeguarding of water resources common to all; and,
WHEREAS, provision has been made in the design, construction and operation of
such facilities to accommodate certain types and quantities of industrial wastes in
addition to normal wastewater; and,
WHEREAS, it is the obligation of the producers of industrial waste to defray the
costs of the wastewater treatment services rendered by the City of Allen in an
equitable manner and, insofar as it is practicable in proportion to benefits derived; and,
WHEREAS, protection of the quality of the effluent and proper operation of the
wastewater collection and treatment facilities and quality of effluent may require
either the exclusion, pretreatment, or controlled discharge at point of origin of certain
types of quantities of industrial wastes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION I - "DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of
the terms and phrases used in this Ordinance shall be as follows:
1. "ABNORMAL SEWAGE". Any sewage having a B.O.D. or
suspended solids content which is significantly in excess of, or
below, that found in normal sewage.
Ordinance No. 539-8-84 - Page 1
2. "ACT". The Federal Water Pollution Control Act, Public Law
92-500, known as the Clean Water Act (CWA), as amended, 33
U.S.C. 1251, et seq.
3. "APPROVAL AUTHORITY". The City Manager or his duly
authorized representative.
4. "B.O.D." (Biochemical Oxygen Demand). The quantity of
oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory conditions for five (5) days at 20
degrees Celsius (200C), expressed in milligrams per liter.
5. 'BUILDING SEWER". The extension from the building drain to
the sewer lateral at the property line or other lawful place of
disposal (also called house lateral or house connection).
6. "CATEGORICAL PRETREATMENT STANDARD". The
wastewater discharge limits applicable to a specific category of
commercial/industrial users as promulgated by the EPA in
accordance with Section 307(b) and (c) of the Act.
7. "CITY". The City of Allen, Texas.
8. "C.O.D." (Chemical Oxygen Demand). The measure of the
oxygen consuming capacity of inorganic and organic matter
present in water or wastewater. It is expressed in mg/L as the
amount of oxygen consumed from a chemical oxidant in a
specific test. It does not differentiate between stable and
unstable organic matter and thus not necessarily correlate with
B.O.D.
9. "COMPOSITE SAMPLE". A mixture of grab samples collected
at the same sampling point at different times.
10. "CONTROL MANHOLE". A manhole giving access to a building
sewer at some point before the building sewer discharges into
the public sewer.
11. "DIRECTOR". The Director of Public Works of the City of
Allen or his authorized deputy, agent or representative.
12. "E.P.A". The United States Environmental Protection Agency.
13. "GRAB SAMPLE". A sample collected from a waste stream on
a one-time basis without regard to time or flow in the waste
stream.
14. "GARBAGE". Animal and vegetable wastes and residue from
preparation cooking and dispensing of food; and from handling,
processing, storage and sale of food products and produce.
15. "HOLDING TANK WASTE". Any waste from holding tanks such
as vessels, chemical toilets, campers, trailers, septic tanks and
vacuum pump tank trucks.
16. "INDUSTRIAL/COMMERCIAL USER". Any industrial or
commercial establishment which uses the sewer system of the
City and is indentified in the Standard Industrial Classification
Manual 1972, Executive Office of the President, Office of
Management and Budget.
17. "INDUSTRIAL/COMMERCIAL WASTEWATER SURCHARGE".
The additional charge made on those persons or industries who
Ordinance No. 539-8-84 - Page 2
discharge industrial wastes into the sewer system which are
amenable to treatment by the POTW treatment processes, but
which exceed "normal' strength sewage.
19. "INTERFERENCE". The inhibition of disruption of the sewage
treatment process or operations that causes or contributes to a
violation of any requirement of the City's National Pollution
Discharge Elimination System (NPDES) Permit. This term
includes contamination of municipal sludge.
20. "MAJOR INDUSTRIAL/COMMERCIAL USER". A user of
sewage system that: (a) discharges 25,000 gallons or more of
wastewater into the sewage system per average workday; or (b)
is regulated by the Categorical Pretreatment Standards; or (c)
is found by the City to discharge wastewater which can cause
deterioration of the sewer system facilities or is detrimental to
the biological process or adversely affects the quality of the
discharge from the sewer system.
21. "MILLIGRAMS PER LITER (mg/L)". A weight to volume ratio;
the milligrams per liter value multiplied by the factor 8.34 is
equivalent to pounds per million gallons of water.
22. "NATIONAL CATEGORICAL PRETREATMENT STANDARD
OR PRETREATMENT STANDARD". Any regulation containing
pollutant discharge limits promulgated by the EPA in
accordance with Section 307(b) and (c) of the Act that applies
to a specific category of Industrial/Commercial Users.
23. "NORMAL DOMESTIC SEWAGE". Means "normal" sewage for
the City, for which the average concentration of total
suspended solids is not more than 250 mg/L and BOD is no more
that 250 mg/L. Industrial wastes and storm water are excluded
from this term.
24. "OVERLOAD". The imposition of organic or hydraulic loading
on a treatment facility in excess of its engineering or design
capacity.
25. "PERSON". Any individual, partnership, co -partnership, firm,
company, corporation, association, joint stock company, trust,
estate, governmental entity or any other legal entity, or their
legal representatives, agents or assigns.
26. "p . The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration.
27. "POLLUTED WATER". Any water, liquid or gaseous wastes
containing any of the following: soluble or insoluble substances
of organic or inorganic nature; settleable solids that may form
sludge deposits; grease and oils; floating solids that may cause
unsightly appearance; color; substances that would impart any
taste or odor to the receiving stream; and toxic or poisonous
substances.
28. "PRETREATMENT". The treatment of wastewater, before
introduction into a sewage system, to reduce the amount or
nature of pollutants.
29. "SANITARY SEWER". A public sewer that conveys domestic
wastewater or industrial wastes or a combination of both, and
into which storm, surface and groundwaters are not
intentionally passed.
Ordinance No. 539-8-84 - Page 3
30. "SEWER". A pipe or conduit for carrying sanitary sewage.
31. "SLUG". Any discharge of water, wastewater, or industrial
waste which, in concentration of any given constituent or in
quantity of flow, exceeds for any period of duration longer than
fifteen (15) minutes more than five (5) times the average
twenty-four (24) hour concentration or flows during normal
operation.
32. "STANDARD INDUSTRIAL CLASSIFICATION" (SIC). A
classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office
of Management and Budget, 1972, or the latest edition.
33. "STANDARD METHODS". The laboratory procedures set forth
in the latest edition, at the time of analysis, of Standard
Methods for the Examination of Water and Wastewater, as
prepared, approved and published jointly by the American
Public Health Association, the American Water Works
Association and the Water Pollution Control Federation.
34. "STORMWATER". Any flow resulting from any form of natural
precipitation.
35. "SUSPENDED SOLIDS". Solids measured in mg/L that either
float on the surface of, or are in suspension in, water,
wastewater, or other liquids, and which are removeable by a
laboratory filtration device.
36. "TO DISCHARGE". To deposit, conduct, drain, emit, throw,
run, allow to seep, or otherwise release or dispose of, or to
allow, permit or suffer any of these acts or omissions.
37. "TRAP". A device designed to skim, settle, or otherwise
remove oil, grease, sand, flammable wastes or other harmful
substances.
38. "TOXIC POLLUTANT OR TOXIC SUBSTANCE". Any substance
whether gaseous, liquid or solid which, when discharged to the
sewer system in sufficient concentrations, as determined by the
director, may be hazardous to sewer maintenance and
personnel, tend to interfere with any wastewater treatment
process, or to constitute a hazard to human beings or animals,
or to inhibit aquatic life, or to create a hazard to recreation in
the receiving waters of the effluent from wastewater
treatment plant.
39. "UNPOLLUTED WASTEWATER". Water containing:
a. No free or emulsified grease or oil.
b. No acids or alkalis.
C. No phenols or other substances producing taste or odor in
receiving water.
d. No toxic or poisonous substances in suspension, colloidal
state, or solution.
e. No noxious or otherwise obnoxious or odorous gases.
f. Not more than an insignificant amount in mg/L of
suspended solids and BOD.
g. Color not exceeding fifty (50) units as measured by the
Platinum -Cobalt method specified in Standard Methods.
40. WASTE. Rejected, unutilized, or superfluous substances in
liquid, gaseous or solid form resulting from domestic,
agricultural or industrial activities.
Ordinance No. 539-8-84 -Page 4
41. "WASTEWATER". The water -carried wastes that are
discharged into the sewage system.
SECTION 2. DISCHARGE TO PUBLIC STORM SEWERS STREETS AND WATER COURSES.
A. Polluted wastewater or other liquid waste containing concrete,
building materials, oil, chemicals, or other liquid industrial
wastes shall not be discharged into any storm sewer, street,
gutter, drainage ditch or water course.
B. Unpolluted wastewater, water or other liquid shall not be
discharged into any storm sewer or other watercourse, except
where:
1. Suitable treatment has been provided in accordance with
this Ordinance.
2. A valid National Pollutant Discharge Elimination System
(NPDES) Permit has been issued for such discharge and a
copy of the permit has been filed with the Director.
SECTION 3. PROHIBITED DISCHARGES.
A. No person shall discharge into the sewage system materials,
water, wastewater or any substance that may interfere with the
facilities, operation or performance of the sewage system.
Also prohibited are substances that have an adverse effect on
the environment, or may endanger life, health or property, or
constitute a public nuisance.
B. Substances specifically prohibited from being discharged into
the sewage system are as follows:
1. Any liquids, solids or gases, including but not limited to,
gasoline, kersone, naptha, benzene, toluene, sylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, sulfides or any
other substances which are a fire or other hazard to the
system, which by reason of their nature or quantity are,
or may be, sufficient either alone or by interaction with
other substances to cause fires, explosions, or be injurious
in any other way to the facilities or operation of the
sewage system.
2. Any substance which causes two successive readings on an
explosion hazard meter, to be more than five percent (5%)
or any single reading over ten percent (10%) of the Lower
Explosive Limit (LEL) of the meter as measured at the
point where the wastewater is discharged into the sewage
system.
3. Any wastewater having a pH less than five point five
(5.5), greater than nine point five (9.5), or any wastewater
having any other corrosive property capable of causing
damage or hazard to the sewage system or any person.
4. Any wastewater containing toxic substances in sufficient
quantity that may, either singly or by interaction with
other substances, injure or interfere with any wastewater
treatment process, constitute a hazard to humans or
Ordinance No. 539-8-84 - Page 5
animals, create a toxic effect in the receiving waters of
the sewage system, or exceed the limitation set forth in
the Categorical Pretreatment Standards. A toxic
substance shall include but not be limited to any
substance identified pursuant to Section 307 (a) of the
Act.
5. Any liquid or vapor having a temperature higher than one
hundred fifty (150) degrees Fahrenheit (65°C), or any
substance which causes the temperature of the total
wastewater treatment plant influent to increase at a rate
of ten (10) degrees Fahrenheit or more per hour, or a
combined total increase of plant influent temperature to
one hundred four (104) degrees Fahrenheit.
6. Any substance which may cause the sewage treatment
plant's effluent or any other product of the treatment
plant such as residues, sludges or scums, to be unsuitable
for reclamation or reuse or to interfere with the
reclamation process. In no case, shall a substance be
discharged which causes the sewage system to be in non-
compliance with any Federal or State sludge use or
disposal criteria, guidelines or regulations.
7. Free or emulsified fats, waxes, greases or oils in excess of
one hundred (100) mg/L, or containing substances which
may solidify or become viscous at temperatures between
thirty-two (32) and one hundred fifty (150) degrees
Fahrenheit (0 and 65° degrees Celsius).
8. Solid or liquid substances which may cause obstruction to
the flow in sewers or other interference with the proper
operation of the wastewater treatment facilities such as,
but not limited to: ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood,
whole blood, paunch manure, hair and fleshings, entrails,
lime slurry, lime residues, slops, chemical residues, paint
residues, bulk solids or waste paper.
9. Wastewater or industrial wastes generated or produced
outside the city unless approval in writing from the
Director has been given to the person discharging the
wastes.
10. Any noxious or malodorous liquids, gases or solids which
either singly or by interaction with other substances are
sufficient to create a public nuisance, hazard to life, or
are sufficient to prevent entry into the sewers for
maintenance and repair. Wastewater containing BOD or
total suspended solids in excess of 250 mg/L.
11. Wastewater containing COD in concentrations which are
amenable to treatment, or any other substance which is
determined by the Director to be not amenable to
treatment.
12. Any unpolluted water, storm water or ground water.
Except with approval of the Director, no storm water
connection from any building or yard, nor any drain from
any catch basin, lake, pond or swimming pool, nor any
outlet for surface water or ground water shall be
connected to the sewage system.
Ordinance No. 539-8-84 - Page 6
SECTION 4. HAZARDOUS METALS AND CHEMICAL OR TOXIC SUBSTANCES.
A. It shall be unlawful to discharge into the sewage system, unless
such discharge is allowed under the provisions of Section 19,
"Industrial/Commercial Wastewater Surcharge":
1. The following metals in the form of compounds or
elements in solution or suspension in concentrations
exceeding these limits:
Metal Limit in Mg/L
Arsenic
0.1
Barium
1.00
Boron
Prohibited
Cadmium
0.5
Chromium (total)
2.77
Copper
3.38
Lead
1.00
Manganese
1.00
Total Toxic
Organics
2.13
Mercury
0.005
Nickel
3.98
Selenium
0.05
Silver
1.00
Zinc
3.00
2. Prohibited metals and toxic materials include, but are not
limited:
Antimony
Rhenium
Beryllium
Strontium
Bismuth
Tellurium
Cobalt
Fungicides
Molybdenum
Herbicides
Uranylion
Pesticides
3. Other metals not listed above which will, in the opinion of
the Director, damage the sewage system or interfere with
the treatment process.
4. Any wastewater containing:
a. Cyanide in excess of 1.2 mg/L
b. Phenolics in excess of 2.0 mg/L
C. Chlorides in excess of 250 mg/L
d. Fluoride other than that contained in the public
water supply
e. Substances causing COD in excess of 5,000 mg/L
f. Quantities of flow, concentration, or both, which
constitute a "slug" as defined herein.
5. Any radioactive wastes or isotopes without permission of
the City.
6. Organic chemical substances in concentrations exceeding
the following:
Acetone 0.10 mg/L
Ethyl Benzene 0.10 mg/L
Isopropyl
Ordinance No. 539-8-84 - Page 7
Alcohol
0.10 mg/L
Methyl Alcohol
0.10 mg/L
Methyl Ethyl
Ketone
0.10 mg/L
Methylene
Chloride
0.10 mg/L
Phenol
0.10 mg/L
Toluene
0.10 mg/L
Total toxic organic substances as defined by EPA shall not
exceed 0.50 mg/L.
B. In cases where a user desires to discharge wastewater having
characteristics exceeding the maximum permissible limits
stated above, the Director may, pursuant to an
Industrial/Commercial Wastewater Discharge Permit granted to
such user after conducting necessary evaluation of the
wastewater, permit such discharge if:
(1) The wastewater will not damage the sewage system nor
impair the treatment process.
(2) The user discharging the wastewater complies with any
pretreatment process or requirement imposed by the
Director.
C. If a person discharges a substance into the City's sewer system
in violation of this section, the Director may terminate the
service of sewer and/or water to the premises from which the
substance was discharged.
SECTION 5. GARBAGE.
A. No person shall discharge garbage into the sewage system
unless it is shredded to a degree that all particles can be
carried freely under the flow conditions normally prevailing in
the sewage system. Particles greater than one-half (1/2) inch
in any dimension are prohibited.
B. The City is entitled to review and approve the installation and
operation of any garbage grinder equipped with a motor of
three-fourths (3/4) horsepower (0.76 hp metric) or greater.
A.
i.0
SECTION 6. DISCHARGES REQUIRING TRAPS.
Discharges requiring a trap include:
(1) Grease or water containing grease in excessive amount;
(2) Oil;
(3) Sand;
(4) Flammable wastes, and;
(5) Other harmful substances.
Any person responsible for discharges requiring trap shall at his
own expense and as required by the Director:
(1) Provide equipment and facilities of a type and capacity
approved by the City.
Ordinance No. 539-8-84 - Page 8
(2) Locate the trap in a manner that provides ready and easy
accessibility for cleaning and inspection.
(3) Maintain the trap in effective and operating condition.
SECTION 7. WASTE HAULING.
A. No person shall discharge, unload, drain, flush or clean out any
wastewater transport truck, pump truck, or other such vehicle
within the city unless such person has been issued a permit by
the City to perform such acts or services. All persons engaged
in the commercial hauling of the waste materials in the city
shall have a permit therefore as required by this Ordinance.
B. Waste Hauling Permits shall be issued by the Director upon
proper application and payment of a fifty dollar ($50.00) permit
fee. All such permits shall be valid for one (1) year.
C. No person holding a Waste Hauling Permit shall unload or
discharge any waste or wastewater except in a manner and at a
place specified by the Director.
D. Before discharging under a Waste Hauling Permit, the City may
require the permit holder to furnish a sample of material being
discharged. Any material that is found not amenable to
treatment shall not be discharged.
E. Any person discharging normal strength wastewater into the
sewage system shall be charged at the regular commercial
sewer rates. Abnormal strength wastewater shall be charged an
industrial/commercial surcharge rate.
SECTION 8. EXCESSIVE DISCHARGE PROHIBITED.
No person shall increase the use of process water or, in any way,
attempt to dilute a discharge as a substitute for adequate treatment,
except as approved by the Director.
SECTION 9. INDUSTRIAL/COMMERCIAL WASTEWATER DISCHARGE PERMIT REQUIRED
A. No major industrial/commercial user shall discharge industrial
wastes into the city sewage system without first obtaining an
Industrial/Commercial Wastewater Discharge Permit from the
Director.
B. A permit may be required for any industrial or commercial user
as deemed necessary by the Director.
C. All major industrial/commercial users presently connected to or
discharging to the city sewage system shall apply for a permit
within ninety (90) days after the effective date of this
Ordinance.
SECTION 10. PERMIT APPLICATION.
A. Major industrial/commercial users required to obtain an
Industrial/Commercial Wastewater Discharge Permit shall
complete and file with the Director an application upon a form
provided by the City. A permit fee of fifty dollars ($50.00)'
Ordinance No. 539-8-84 - Page 9
shall accompany the application. New major
industrial/commercial users shall apply at least ninety (90) days
prior to connecting to the sewage system. In support of the
application, the major industrial/commercial user shall submit
the following information:
1. Name, address, and location (if different from the .
address).
2. SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as
amended.
3. Wastewater constituents and characteristics including but
not limited to those mentioned in this Ordinance as
determined by a reliable analytical laboratory; sampling
and analysis shall be performed in accordance with
procedures established by the EPA pursuant to the Act
and contained in 40 CFR, Part 136, as amended.
4. Time and duration of contribution.
5. Average daily wastewater flow rates, including daily,
monthly and seasonal variations if any.
6. Site plans, floor plans, mechanical and plumbing plans and
details to show all service lines, sewer connections,
pretreatment facilities, and accessories by the size,
location and elevation.
7. Description of activities, facilities and plant processes on
the premises including all materials which are, or could
be, discharged.
8. Where known, the nature and concentration of any
pollutants in the discharge which are limited by any City
law or regulations, or by the state or Categorical
Pretreatment Standards, and a statement regarding
whether or not the pretreatment standards are being met
on a consistent basis.
9. If additional pretreatment and/or construction will be
required to meet the Categorical Pretreatment Standards,
the shortest schedule by which the major
industrial/commercial user will provide such additional
pretreatment. The completion date in this schedule shall
not be later than the compliance date established for the
applicable Categorical Pretreatment Standard. The
following conditions shall apply to this schedule:
a. The schedule shall contain increments of progress 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 major
industrial/commercial user to meet the applicable
Categorical Pretreatment Standards (e.g., hiring an
engineer, completing preliminary plans, completing
final plans, executing contract for major
components, commencing construction, etc).
b. No increments referred to in paragraph (a) shall
exceed nine (9) months.
Ordinance No. 539-8-84 - Page 10
C. Not later than fourteen (14) days following each
date in the schedule and the final date for
compliance, the major industrial/commercial user
shall submit a progress report to the Director
including, as a minimum, whether or not it complied
with the increment of progress, to be met on such
date and, if not, the date on which it expects to
comply with this increment of progress, the reason
for delay, and steps being taken by the major
industrial/commercial user to return the
construction to the schedule established.In no event
shall more than nine (9) months elapse between such
progress reports to the Director.
10. Each product produced by type, amount, process or
processes and rate of production.
11. Type and amount of raw materials processed (average and
maximum per day).
12. Number and type of employees, and hours of operation of
plant and proposed or actual hours of operation of
pretreatment system.
13. Any other information as deemed necessary by the City to
evaluate the permit application.
B. The Director shall issue a permit if he determines that
pretreatment facilities are adequate for efficient treatment
and discharged wastes will comply with the requirements of
Section 4 and with National Pretreatment Standards, if
applicable.
C. Industrial users are exempted from the provision of this Section
if their discharge:
1. Does not contain any toxic or prohibited substances listed
in Section 4.
2. Does not contain any Priority Pollutants as established by
EPA.
3. Is determined to cause no deterioration to the sewer
system facilities, is not detrimental to the biological
process and does not adversely affect the quality of the
discharge from the sewer system.
SECTION 11. PERMIT CONDITIONS.
A. Industrial/Commercial Wastewater Discharge Permits shall be
expressly subject to all provisions of this Ordinance and all
other applicable regulations, user charges and fees established
by the City. Permits may contain the following:
1. The unit charge or schedule of user charges and fees for
the wastewater to be discharged to the sewage system.
2. Limits on the average and maximum wastewater
constituents and characteristics.
3. Limits on average and maximum rate and time of
discharge or requirements for flow regulations and
equalization.
Ordinance No. 539-8-84 - Page 11
4. Requirements for installation and maintenance of
inspection and sampling facilities.
5. Specification for monitoring programs which may include
sampling locations, frequency of sampling, timber, types,
and standards for tests and reporting schedules.
6. Compliance Schedules.
7. Requirements for submission of technical reports or
discharge reports.
8. Requirements for maintaining and retaining plant records
relating to wastewater discharge as specified by the City,
and affording City access thereto.
9. Requirements for notification of the City of any new
introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater
constituents being introduced into the wastewater
treatment system.
10. Requirements for notification of slug discharges.
11. Other conditions as deemed appropriate by the City to
ensure compliance with this Ordinance.
B. Permits shall be valid for one (1) year from date of issuance. A
permit may be issued for a period less than one year or may be
stated to expire on a specified date. The terms and conditions
of the permit may be subject to modification by the City during
the term of the permit. The user shall be informed of any
proposed changes in his permit at least thirty (30) days prior to
the effective date of change.
C. The user shall apply for permit reissuance a minimum of ninety
(90) days prior to expiration of the user's existing permit.
D. Permits are issued to a specified major industrial/commercial
user for a specific operation. A permit shall not be reassigned,
transferred or sold to a new owner, new user, different
premises, or a new or changed operation without approval of
the Director. Any succeeding owner or user shall also comply
with the terms and conditions of the existing permit.
SECTION 12. PERMIT REPORTING REQUIREMENTS.
A. Within ninety (90) days following the date for final compliance
with applicable Categorical Pretreatment Standards, any major
industrial/commercial user subject to Categorical Pretreatment
Standards shall submit to the Director a report indicating the
nature and concentration of all pollutants in the discharge from
the regulated process which are limited by Pretreatment
Standards and the average and maximum daily flow for these
process units in the industrial/commercial facility. The report
shall state whether the applicable Pretreatment Standards are
being met on a consistent basis and, if not, what additional
construction and/or pretreatment is necessary to bring the user
into compliance with the applicable Pretreatment Standards.
This statment shall be signed by an authorized representative of
the user and certified to by a qualified professional.
Ordinance No. 539-8-84 - Page 12
B. Periodic Compliance Reports:
1. Any major industrial/commercial user subject to a
Categorical Pretreatment Standard, after the compliance
date of such standard, shall submit to the Director during
the months of June and December, unless required more
frequently in the Categorical Pretreatment Standards or
by the Industrial/Commercial Wastewater Discharge
Permits, a report indicating the nature and concentration
of pollutants in the effluent which are limited by such
Pretreatment Standards. At the discretion of the
Director and in consideration of such factors as local high
or low flow rates, holidays, budget cycles, etc., the
Director may agree to alter the months during which the
above reports are to be submitted.
2. The Director may impose mass limitation on major
industrial/commercial users which are using dilution to
meet applicable Categorical Pretreatment Standards or in
other cases where the imposition of mass limitations are
appropriate. In such cases, the compliance report shall
indicate the mass of pollutants regulated by Pretreatment
Standards in the effluent of the major
industrial/commercial user. These reports shall contain
the results of the sampling and analysis of the discharge,
including the flow and the nature and concentration, or
production and mass where requested by the Director, of
pollutants contained therein which are limited by the
applicable analysis shall be performed in accordance with
procedures pursuant to Section 304(8) of the Act and
contained in 40 CFR, Part 136 and amendments thereto,
or with any other test procedures approved by the
Director. Sampling shall be performed in accordance with
the techniques approved by the Director.
SECTION 13. PERMIT SUSPENSION OR REVOCATION.
A. A permit under this Ordinance may be revoked or suspended
when:
1. The permittee violates one or more of the provisions of
this Ordinance.
2. The permittee fails to comply with one or more conditions
of a permit.
3. The permittee fails to factually report the constituents
and/or characteristics of his wastewater discharge or
significant changes in operation.
4. The permittee refuses reasonable access to his premises
for the purpose of inspection, sampling or monitoring.
5. Such action is necessary to prevent harm or damange to
the sewage system or treatment process, or to protect the
health or welfare of persons, animals or property.
B. The Director may issue a written order suspending or revoking a
permit for violations specified in this Ordinance. Such order
shall state the nature of the violation and shall be served upon
the permittee in person or by certified or registered mail. Such
order shall become effective after five (5) days from the date
Ordinance No. 539-8-84 - Page 13
of service, unless the permittee within such five (5) day period
files an appeal and filing fee in accordance with Section 14 of
this Ordinance.
C. Appeals from the order of the Director suspending or revoking a
permit shall be processed and heard as set forth in Section 15.
D. The Director shall reinstate a suspended permit upon
satisfactory proof from the permittee that corrective action
has been taken to correct the conditions for which the permit
was suspended.
E. A user whose permit has been revoked must apply for a new
permit and comply with all provisions and conditions required as
though a permit had not been issued.
SECTION 14. PROCEDURES FOR ABATEMENT OF VIOLATIONS.
A. Whenever the Director has determined that any person has
violated any provision of this Ordinance or that such violation is
continuing or reoccurring, he may, in addition to any other
remedy provided for in this Ordinance, issue a notice and order
directing that such violation be corrected. Such notice and
order shall state:
1. The nature of the violation and the provisions of this
Ordinance which have been violated.
2. The corrective action that must be taken and the amount
of time allowed to correct the violation.
3. That the person receiving the notice or order may appeal
to the Environmental Appeals Committee by filing an
appeal, in writing, with the Director within five (5) days
of the service of the notice or order.
4. That failure to comply with the notice or order and
failure to file a timely appeal may result in termination
of sewer and/or water service.
B. Any notice and order issued under this Ordinance shall be in
writing and served in person or by registered or certified mail
on the user of the sewage system or other persons determined
to be responsible for such violation.
C. Any person may appeal the notice and order of the Director by
filing a written notice of appeal with the Director on forms
provided by the Director and by paying a filing fee of $10.00.
Such notice of appeal shall be filed and filing fee paid within
five (5) days of service of the order.
D. If no timely appeal and filing fee are filed, the Director may, if
violation is continuing or reoccurring, terminate sewer and/or
water service to the person ordered to correct or abate such
violation if the violation has not been corrected within the time
specified in the order.
E. The City may terminate wastewater treatment and/or water
service when such suspension is necessary, in the opinion of the
Director, in order to stop an actual or threatened discharge
which presents, or may present, an imminent or substantial
endangerment to the health or welfare of persons, to the
Ordinance No. 539-8-84 - Page 14
environment, causes interference with the treatment processes
or causes the City to violate its NPDES Permit.
SECTION 15. ENVIRONMENTAL APPEALS COMMITTEE.
A. An Environmental Appeals Committee is hereby established and
authorized to hear and decide appeals from any order issued by
the Director pursuant to this Ordinance. The Committee shall
be composed of th City Manager, or Assistant City Manager,
the Director of Public Services and the City Attorney or their
designated representative.
B. The Committee may call and hold hearings, administer oaths,
receive evidence at the hearing, issue subpoenas to compel the
attendance of witnesses and the production of papers and
documents related to the hearing, and make findings of fact and
decisions with respect to administering its powers herein.
C. Upon the hearing, the Committee shall determine if there is
substantial evidence to support the Director's determination
and order. The decision of the Committee shall be in writing
and contain findings of fact. If the Committee determines that
there is substantial evidence to support the determination and
order of the Director, the Committee shall, in addition to its
decision, issue an order (i) requiring discontinuance of such
violation or condition, (ii) requiring compliance with any
requirement to correct or prevent any condition or violation, or
(iii) suspending or revoking any permit issued under this
Ordinance.
D. In any decision issued by the Committee, the order shall specify
the time in which the compliance with the order must be taken.
A copy of the order shall be delivered to the appellant or person
to whom the order is directed in person or sent to him by
registered or certified mail.
SECTION 16. PENALTIES.
A. A person who violates any provision of this Ordinance is guilty
of a misdemeanor and upon conviction is punishable by a fine of
up to two hundred dollars ($200.00) for each act in violation of
any provision and for each day any violation occurs.
B Additionally, the Ci
and civil remedies t
statutes or other
prohibited discharges
Ordinance.
Cit
is entitled to pursue all other criminal
o which it is entitled under authority of
ordinances against a person continuing
or violation any other provision of this
SECTION 17. DETERMINING THE CHARACTER AND CONCENTRATION OF WASTEWATER.
A. The wastewater discharged or deposited into the sewage system
shall be subject to periodic inspection and sampling as often as
may be deemed necessary by the Director. Sampling shall be
conducted according to customarily accepted methods,
reflecting the effect of constituents upon the sewage system
and determining the existence of hazards to health, life, limb,
and property.
B. The examination and analysis of the characteristics of waters
and wastes shall be:
Ordinance No. 539-8-84 - Page 15
N
1. Conducted in accordance with the latest edition of
"Standard Methods"; and,
2. Determined from suitable samples taken at the control
manhole provided or other control points authorized by
the City.
C. The City may select an independent firm or laboratory to
perform sampling and laboratory analyses.
D. The determination of the character and concentration of
industrial/commercial wastewater shall be made by the
Director at such times and on such schedules as he may
establish.
E.* Any person determined to be discharging wastewater in
violation of this Ordinance shall compensate the City for the
costs of sampling and analyses of the discharges until the
discharged wastewater is in compliance with this Ordinance.
SECTION 18. SAMPLING AND ANALYSES FEES.
A. Each major contributing industry or commercial firm for which
the City has reporting requirements under its National
Pollutant Discharge Elimination System permit shall
compensate the City for the cost of sampling and laboratory
analyses required to monitor wastewater discharges. The
Director shall determine the number of samples and frequency
of sampling necessary to maintain surveillance of discharges.
B. For purposes of this section, a major contributing industry or
commercial firm means one that:
1. Discharges 10,000 gallons or more of wastewater per day.
2. Discharges a toxic or prohibited substance listed in
Section 3 through 5.
C. Each contributing industry or commercial firm for which the
City is required to take samples and run laboratory analyses to
monitor wastewater discharges shall compensate the City for
the cost of sampling and laboratory analyses.
D. All fees required under this Section shall be invoiced to the
contributing industry or commercial firm by the City and shall
be payable as indicated on the invoice.
SECTION 19. INDUSTRIAL/COMMERCIAL WASTEWATER SURCHARGE.
A. Any person discharging abnormal strength wastewater under an
Industrial/Commercial Wastewater Discharge Permit or any
person classified as a major contributing industry or
commercial firm under Section 18, shall pay a monthly
surcharge to the City to cover the additional costs of treating
such wastewater. The surcharge shall be in addition to the
monthly sewer service charge.
B. The surcharge shall be calculated as follows:
C= [ B(Bu-250) + S (Su -250) x F x V
Ordinance No. 539-8-84 - Page 16
Where:
C=surcharge to the user in dollars
B=unit cost factor for treating one unit of BOD (per 1,000
gallons)
BU=the tested BOD of the discharge
S=unit cost factor for treating one unit of total suspended solids
Su=the tested total suspended solids of the discharge
F=a factor of 8.34 to convert mg/L in million gallons
V=monthly billing volume (discharge) in million gallons
250=11normal" BOD and total suspended solids (250 mg/L)
SECTION 20. INSPECTION AND SAMPLING.
A. Representative of the City, the U.S. Environmental Protection
Agency, the Texas Department of Water Resources, and the
Texas Department of Health, or any successor agency bearing
proper credentials and identification, shall be permitted to
enter upon all properties for the purpose of inspection,
observation, measurement, sampling records examination and
testing of the sewage system or any wastewater discharged into
the sewage system.
B. The Director shall carry out all inspection and monitoring
procedures necessary to determine compliance with applicable
Pretreatment Standards and requirements.
C. Any one acting under this authority shall observe the
establishment's rules and regulations concerning safety, internal
security and fire protection.
D. No person acting under authority of this provision may inquire
into any processes including metallurgical, chemical, oil,
refining, ceramic, paper or other industries beyond that point
having a direct bearing on the kind and source of discharge to
the sewage system.
E. Except when caused by negligence or failure of a private
establishment to maintain safe conditions, the City shall
indemnify the private establishment against loss or damage to
its property caused by the City employees and against liability
claims and demands for personal injury or property damage
asserted against the private establishment and growing out of
any inspection monitoring operation.
SECTION 21. CONTROL MANHOLE.
A. When necessary to monitor wastewater discharged into the
sewage system, the Director may require an
industrial/commercial user to install a suitable control manhole
in order to adequately sample and measure such wastewater.
Installation of such meters, equipment and accessories as
deemed necessary by the Director may also be required.
Ordinance No. 539-8-84 - Page 17
B. Required control manholes shall be located to provide ample
room in or near the facility to allow accurate sampling and
preparation of samples for analyses. The manhole and any
required installed equipment shall be maintained by the user at
all times in safe and proper operating condition.
C. Before beginning construction of a control manhole, the user
shall submit plans to the Director for review and approval to
insure compliance with this section. Plans must include any
meters or other equipment required to be installed.
SECTION 22. PRETREATMENT REQUIRED.
A. Industrial/commercial users shall provide necessary wastewater
treatment as required to comply with this Ordinance, Federal
Categorical Pretreatment Standards, and any State or Federal
pretreatment regulation. Any facilities required to pretreat
wastewater to a level acceptable to the City shall be provided,
operated and maintained at the user's expense.
B. Before beginning construction of pretreatment facilities, the
user shall submit detailed plans and operating procedures for
the facility to the Director for review and approval. The
review of such plans and procedures will in no way relieve the
user from the responsibility of modifying the facility as
necessary to produce an effluent acceptance to the City under
the provisions of this Ordinance.
C. Any subsequent changes in the pretreatment facilities or
method of operation shall be reported to and be acceptable to
the City prior to the user's initiation of the changes.
D. All records relating to compliance with the Categorical
Pretreatment Standards shall be made available to officials of
the City, State or Environmental Protection Agency upon
request.
E. The determination of the character and concentration of
industrial/commercial wastewater shall be made by the
Director at such time and on such schedules as he may
establish.
SECTION 23. NOTICE OF SIGNIFICANT VIOLATIONS.
A. The City shall publish annually in the City's official newspaper
a list of industrial/commercial users that significantly violated
applicable Pretreatment Standards or other pretreatment
requirements during the previous twelve (12) months. The
notification shall also summarize any enforcement actions
taken against the users during the same period.
B. For purposes of this section, a significant violation means a
violation of this Ordinance or Federal Pretreatment Standards
which means uncorrected forty-five (45) days after notification
of noncompliance; which is part of a pattern of noncompliance
over a twelve (12) month period; which involves a failure to
accurately report noncompliance; or which resulted in the City
exercising its emergency authority to stop any discharge of
wastewater that presents an endangerment to persons, the
sewage system or the environment.
Ordinance No. 539-8-84
- Page 18
1\
SECTION 24. FALSIFYING INFORMATION.
Any person who knowingly makes any false statements,
representation or certification in an application, record, report, plan, or
other document filed or required to be maintained pursuant to this
Ordinance, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this Ordinance, shall, upon
conviction, be punished by a fine of not more than two hundred dollars
($200.00) for each conviction.
SECTION 25. ACCIDENTAL DISCHARGES.
A. Each user shall provide protection from accidental discharge of
prohibited materials or other substances regulated by this
Ordinance. Facilities to prevent accidental discharge of
prohibit materials shall be provided and maintained at the user's
expense.
B. In the case of an accidental discharge, the user is responsible to
immediately telephone and notify the Director of the incident.
The notification shall include location of discharge, type of
waste, concentration and volume, and corrective actions.
C. Within five (5) days following an accidential discharge, the user
shall submit to the Director a written report describing the
cause of the discharge and the action to be taken by the user to
prevent similar future occurences. This notification shall not
relieve the user of any expense, loss, damage, fines, civil
penalties, or other liability which may be incurred as a result of
the accidental discharge.
D. 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 dangerous discharge. Users shall ensure
that all employees who may cause such a discharge are advised
of the emergency notification procedure.
E. Each major industrial/commercial user shall submit detailed
plans showing facilities and operating procedures to prevent
accidental discharge of prohibited substances tot he Director
for review and approval. Each existing major
industrial/commercial user shall submit such plans with the
discharge permit application required by Section 9. After the
effective date of this Ordinance, no major
industrial/commercial user shall be permitted to commence
discharging into the sewage system until accidental discharge
procedures have been approved.
F. Users indentified in (E) above shall not begin construction of
any facilities to control accidental discharges until the plans
are approved by the Director. Review and approval of such
plans and operating procedures shall not relieve the user from
the responsibility to modify the user's facility as necessary to
meet the requirements of this Ordinance.
SECTION 26. CONFIDENTIAL INFORMATION.
A. Information and data on a user obtained from reports,
questionaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public
or other governmental agency without restriction unless the
Ordinance No. 5 3 9- 8- 8 4 _ Page 19
user specifically requests and is able to demonstrate to the
satisfaction of the City that the release of such information
would divulge information, processes or methods of production
entitled to protection as trade secrets of the user.
B. When requested by the person furnishing a report, the portions
of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the
public but shall be made available upon written request to
governmental agencies for uses related to this Ordinance, the
National Pollutant Discharge Elimination System (NPDES)
Permit, State Disposal System permit and/or the Pretreatment
Programs; provided, however, that such portions of a report
shall be available for use by the State of any state agency in
judicial review or enforcement proceedings involving the person
furnishing the report. Wastewater constituents and
characteristics will not be recognized as confidential
information.
C. Information accepted by the City as confidential, shall not be
transmitted to any governmental agency or to the general
public by the City until and unless a ten-day notification is
given to the user.
SECTION 27. COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARDS.
Upon promulgation of the Federal Categorical Pretreatment
Standards for a particular industrial subcategory, the Pretreatment
Standards, if more stringent than limitations imposed under this Ordinance,
shall become applicable. The Director shall notify all affected users of the
applicable Pretreatment Standards and any applicable reporting
requirements.
SECTION 28. SEVERABILITY.
If any provision, word or section of this Ordinance is held invalid, the
remaining provisions, paragraphs, words and sections shall not be affected
and shall continue in full force and effect.
SECTION 29. EMERGENCY CLAUSE.
The fact that the City of Allen needs an ordinance regulating the
discharge of industrial wastes into the sewer system creates an urgency
and an emergency and in the preservation of the public health, safety and
welfare requires that this Ordinance shall take effect immediately from
and after its passage as the law and charter provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN
TEXAS, ON THE 16TH DAY OF AUGUST, 1984.
APPROVED:
Ordinance No. 539-8-84 - Page 20
ATTEST:
m&&L - &/\k "I -
Marty Hendrix, aity Secretary
APPROVED AS TO FORM:
Ordinance No. 5 3 9- 8- 8 4 - Page 21