O-1117-7-92ORDINANCE NO. 1117-7-92
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING ORDINANCE 539-8-84, UTILITIES, PROVIDING REGULATIONS FOR
THE DISPOSAL OF SEWAGE AND THE USE OF PUBLIC SEWERS; REGULATING
THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWER OF
THE CITY; REGULATING UNSEWERED AND MISCELLANEOUS DISCHARGES;
PROVIDING FOR A PERMIT SYSTEM WITH DENIAL, SUSPENSION,
REVOCATION AND AN APPEALS PROCESS; PROVIDING A PENALTY CLAUSE,
A REPEALING CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Allen provides facilities for the collection and treatment of wastewater to
promote the health, safety and convenience of its citizens and for the safeguarding of water resources
common to all; and,
WHEREAS, the City must provide its facilities in compliance with the Federal Water Pollution Control
Act, the Texas Water Commission Regulations and other federal, state and local laws; and,
WHEREAS, protection of the quality of the effluent and proper operation of wastewater collection and
treatment facilities and duality of effluent may require either the exclusion, pretreatment, or controlled
discharge at point of origin of certain types of quantities of industrial wastes; and,
WHEREAS, it is the obligation of the producers of industrial waste to defray the costs of the
wastewater treatment services required of and provided by the City in an equitable manner and,
insofar as it is practicable in proportion to benefits derived;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: Ordinance 539-8-84 of the City of Allen, Texas, to the extent it conflicts with the
provisions of this ordinance, is hereby amended and repealed.
SECTION 2: DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of the terms and phrases used in this
Ordinance shall be as follows:
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.
ADMINISTRATOR -The EPA Region VI Regional Administrator
APPROVAL AUTHORITY - The Director in a National Pollutant Discharge Elimination System
(NPDES) State with an approved State pretreatment program and the appropriate Regional
Administrator in a non-NPDES State or NPDES State without an approved State pretreatment
program.
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 (20::x),
expressed in mg/L.. The laboratory determination shall be made in accordance with the procedures
set forth in 40 CFR 136.
BUILDING DRAIN - That part of the lowest horizontal piping of a drainage system which receives
the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys
to the building sewer, which begins three (3) feet outside the inner face of the building wall.
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).
BYPASS - Means the intentional diversion of wastestreams from any portion of an Industrial User's
treatment facility.
CATEGORICAL STANDARDS -The National Categorical Pretreatment Standards found in Chapter
40 of the Code of Federal Regulations (CFR), Parts 405 - 471 and amendments thereof, or
pretreatment standards developed under 33 U.S.C. 1317 of the Act.
CITY - (For the purposes of this Ordinance) The City of Allen, Texas, and/or the City Manager or
their duly authorized representative.
C.O.D. (Chemical Oxygen Demand) - The measure of 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 does not necessarily correlate with B.O.D.
CONTROL AUTHORITY- Shall mean:
A) The Owner/Operator of the POTW;
B) The person designated by the City to be responsible for the Industrial Pretreatment Program
or its duly authorized representative.
CONTROL MANHOLE - a manhole giving access to a building sewer point before the building sewer
discharges into the public sewer.
DAILY DISCHARGE - The discharge of a pollutant measured during a calendar day or any 24-hour
period that reasonably represents a calendar day for purposes of sampling.
DAILY MAXIMUM - the highest allowable "daily discharge" during a calendar month.
DIRECTOR - The chief administrative officer of a State or Interstate water pollution control agency
with an NPDES permit program approved pursuant to section 402(b) of the Act and an approved State
pretreatment program.
DISPOSAL - The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or
semi-solid waste (i.e., grease trap waste, grit trap wastes, and/or septage) into or on any land or water
so that such waste or any constituent thereof may enter the environment or be emitted into the air or
discharged into any water, including, but not limited to, ground waters.
DOMESTIC SEWAGE - The water -borne wastes normally discharging into the sanitary conveniences
of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free
of storm water and industrial wastes.
ENVIRONMENTAL OFFICER - The City Manager of the City or his duly authorized representative.
EPA (Environmental Protection Agency) - The U.S. Environmental Protection Agency, or where
appropriate, the term may also be used as a designation for the Administrator or other duly authorized
officials of said agency.
FLOW -PROPORTIONED COMPOSITE SAMPLE - Shall mean a sample collected either as a
constant sample volume at time intervals proportional to stream flow, or collected by increasing the
volume of each aliquot as the flow increases while maintaining a constant time interval between the
aliquots.
1117-7-92
Ordinance No. Page 2
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.
GRAB SAMPLE - An individual sample collected over a period of time not exceeding 15 minutes.
GREASE TRAP - A water -tight receptacle designed and constructed to intercept and prevent the
passage of greasy, fatty liquid, semiliquid, and/or solid wastes into the sanitary sewer system to which
the receptacle is directly or indirectly connected.
GREASE TRAP WASTE - Any greasy, fatty liquid, semi-liquid, and/or solid wastes removed by a
grease trap.
GRIT/SAND TRAP - A water -tight receptacle designed and constructed to intercept and prevent the
passage of sand, grit and other heavy solids into the sanitary sewer system to which the receptacle is
directly or indirectly connected.
GRIT TRAP WASTE - Any sand, grit and/or other heavy solids removed from a grit trap.
HAZARDOUS WASTE - Any liquid, semi-liquid or solid waste (or combination of wastes), which
because of its quantity, concentration, physical, chemical or infectious characteristics may:
A) have any of the following characteristics: toxic, corrosive, an irritant, a strong sensitizer,
flammable or combustible, explosive, or otherwise capable of causing substantial personal
injury or illness;
B) pose a substantial hazard to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise improperly, managed, and is identified or listed as a
hazardous waste as defined by the Texas Solid Waste Disposal Act or defined under 40 CFR
Part 261.3.
HOLDING TANK WASTE - Any waste from holding tanks such as vessels, chemical toilets, campers,
trailers, septic tanks, and vacuum pump tank trucks.
INDIRECT DISCHARGE or DISCHARGE - The introduction of pollutants into a POTW from any
non-domestic source regulated under section 307 (b), (c) or (d) of the Act.
INDUSTRIAL USER or USER - Source of indirect discharge.
INDUSTRIAL USER WASTEWATER DISCHARGE PERMIT- A Permit required of an industrial
user to discharge waste into any sewer system under the jurisdiction of the City.
INDUSTRIAL USER WASTEWATER SURCHARGE- The additional charge made on those persons
or industries who discharge industrial wastes into the sewer system which are amenable to treatment
by the POTW treatment processes, but which exceed "normal" strength sewage.
INDUSTRIAL WASTE - The water -borne solids, liquids, or gaseous wastes resulting from and
discharged, permitted to flow or escaping from any industrial, manufacturing or food processing
operation or process, or from the development of any natural resources, or any mixture of these with
water or domestic sewage as distinct from normal domestic sewage.
INTERFERENCE - A discharge which, either alone or in conjunction with a discharge or discharges
from other sources, both:
A) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes,
use or disposal; and
B) is the cause of a violation of any requirement of the POTW's NPDES Permit (including an
increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use
or disposal by the POTW in compliance with the following statutory provisions and regulations
Ordinance No. 1117-7-92 Page 3
or permits issued thereunder (or more stringent State or Local regulations): Section 405 of the
Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly
referred to as the Resource Conservation and Recovery Act (RCRA), and including State
regulations contained in any State sludge management plan prepared pursuant to Subtitle D
of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine
Protection, Research, and Sanctuaries Act.
LIQUID WASTE - Water -borne solids, liquids, and gaseous substances derived from a grease trap,
grit trap, chemical/portable toilet and/or septic tank and described as grease trap waste, grit trap waste
or septage.
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.
MONTHLY AVERAGE - The highest allowable average of "daily discharge(s)" over a calendar
month, calculated as the sum of all "daily discharge(s)" measured during a calendar month divided
by the number of "daily discharge(s)" measured during that month.
NATIONAL CATEGORICAL PRETREATMENT STANDARD - Standard specifying the quantities
or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing
or new Industrial Users in specific industrial subcategories established as separate regulations under
the appropriate subpart of 40 CFR chapter I, subchapter N. These standards, unless specifically noted
otherwise, shall be in addition to the general prohibitions established in 40 CFR 403.5.
NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD or STANDARD
- Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with
Section 307 (b) and (c) of the Act which applies to Industrial Users. This term includes prohibitive
discharge limits established pursuant to 40 CFR 403.5.
NEW SOURCE - Any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the publication of proposed
Pretreatment Standards under Section 307 (c) of the Act which will be applicable to such source if such
Standards are thereafter promulgated in accordance with that Section, provided that:
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 type of activity as the existing source will be considered.
Construction on a site at which an existing source is located results in a modification rather than a new
source if the construction does not create a new building, structure, facility or installation meeting the
criteria of (B) and (C) above but otherwise alters, replaces, or adds to the existing process or
production equipment. Construction of a new source as defined has commenced if the owner or
operator has:
A) begun, or caused to begin as part of a continuous on-site construction program:
1) Any placement, assembly, or installation of facilities or equipment; or
2) 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;
Ordinance No. 1117-7-92 Page 4
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
definition.
NORMAL DOMESTIC SEWAGE - The "normal" sewage for the City, for which the average
concentration of total suspended solids is not more than 250 mg/L and B.O.D. is no more than 250
mg/L. Industrial wastes and storm water are excluded from this term.
OVERLOAD - The imposition of organic or hydraulic loading on a treatment facility in excess of its
engineered or design capacity.
OWNER - Any person who owns a facility or any portion of a facility.
PASS THROUGH - a discharge which exits the POTW into waters of the United States in quantities
or concentration which, alone or in conjunction with a discharge or discharges from other sources, is
a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the
magnitude or duration of a violation).
POTW (Publicly Owned Treatment Works) - A treatment works as defined by Section 212 of the Act,
(33 U.S.C. 1292). This definition includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes
lift stations, sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment
plant. For the purposes of this Ordinance, POTW shall refer to the North Texas Municipal Water
District.
PPM (Parts Per Million) - A weight to weight ratio; the parts per million value multiplied by the
factor 8.345 shall be equivalent to pounds per million gallons of water.
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.
pH - The logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
POLLUTANT - Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into
water.
POLLUTED WATER - Any water, liquid or gaseous wastes containing any of the following:
A) soluble or insoluble substances of organic or inorganic nature; or
B) settleable solids that may form sludge deposits; or
C) grease and oils; or
D) floating solids that may cause unsightly appearance or color;
E) substances that would impart any taste or odor to the receiving stream; or
F) toxic or poisonous substances.
PRETREATMENT REQUIREMENTS - Any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard imposed on an industrial user.
PRETREATMENT OR TREATMENT- The reduction of the amount of pollutants, the elimination
Ordinance No. 1117-7-92 Page 5
of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The
reduction or alteration can be obtained by physical, chemical or biological processes, orrocess
changes or by other means, except as prohibited by 40 Code of Federal Regulations 403.6 (d�.
PRIORITY POLLUTANT - A pollutant found in Table II or Table III of 40 CFR 122, Appendix D.
PROPERLY SHREDDED GARBAGE -The wastes from the preparation, cooking and dispensing
of foods that have been shredded to such a degree that all particles shall be carried freely under the
flow conditions normally prevailing in public sewers, with no particle greater than one-half (0.5) inch
in any dimension.
RESPONSIBLE CORPORATE OFFICER - Shall mean:
A) a president, secretary, treasurer, or 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 operation facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second
quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
SANITARY SEWER - A public sewer that conveys domestic wastewater or industrial wastes or a
combination of both, and into which storm, surface, groundwaters and other unpolluted waters are not
intentionally passed.
SEPTA GE - Wastes removed from a portable toilet, chemical toilet or septic tank.
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.
SEWAGE SERVICE CHARGE - The charge made on all users of the public sewer system whose
wastes do not exceed in strength the concentration values established as representative of normal
sewage.
SEWAGE WORKS/SYSTEM - All facilities for collection, pumping, treating and disposing of sewage
and industrial wastes and would include sewage, as well as the sewage treatment facilities.
SEWER - A pipe or conduit for carrying sanitary sewage.
SIC (Standard Industrial Classification) - 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.
SIGNIFICANT INDUSTRIAL USER (SIU) -
A) Except as provided in part B the term shall mean:
1) All industrial users subject to Categorical Standards under 40 CFR 403.6 and 40 CFR
Chapter I, Subchapter N; and
2) Any other industrial user that: discharges 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and boiler
blowdown wastewater); contributes a process wastestream which makes up 5 percent
or more of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or is designated as such by the Control Authority as defined in 40
Ordinance No. 1117-7-92 Page 6
CFR 403.12 (a) on the basis that the industrial user has a reasonable potential for
adversely affecting the POTW's operation or for violatin any pretreatment standard
or requirement (in accordance with 40 CFR 403.8 (f)(6).
B) Upon finding that an industrial user meeting the criteria in part A (2) has no reasonable
potential for adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement, the Control Authority (as defined in 40 CFR 403.12 Sa)) may at any
time, on its own initiative or in response to a petition received from an in ustrial user or
POTW, and in accordance with 40 CFR 403.8 (f)(6), determine that such industrial user is not
a significant industrial user.
SLUG DISCHARGE - Any discharge of a non -routine, episodic nature, including but not limited to
an accidental spill or a non-customa batch discharge, and/or a discharge which violates any specific
prohibitions listed in 40 CFR 403.5 �b), and/or could significantly disrupt a POTW's system, and/or
threaten human health and safety, and/or could potentially result in violations of the POTW's NPDES
Permit or sludge requirements.
SPILL - The accidental or intentional loss or unauthorized discharge, any waste or raw material.
STORM SEWER OR STORM DRAIN- A sewer which carries storm and surface waters and drainage
but excludes sewage and polluted industrial wastes.
SURCHARGE- The char#e in addition to the sewage service charge which is made on those persons
whose wastes are greater in strength than the concentration values established as representative of
normal domestic sewage.
SUSPENDED SOLIDS - Solids that either float on the surface of, or are in suspension of water,
sewage, or other liquids, and which are removable by laboratory filtration device. Quantitative
determination of suspended solids shall be made in accordance with procedures set forth in 40 CFR
136.
TIME COMPOSITE SAMPLE - Shall mean a sample composed of discrete sample aliquots collected
in a single reservoir at constant time intervals irrespective of flow.
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.
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
Environmental Officer, 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 a
wastewater treatment plant; or any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the EPA under the provision of the Clean Water Act 307 (a) or other Acts.
TRAP - A device designed to skim, settle, or otherwise remove oil, grease, sand, flammable wastes
or other harmful substances.
r
TWC - Texas Water Commission
UPSET - Means an exceptional incident in which there is unintentional and temporary noncompliance
with categorical Pretreatment Standards because of factors beyond the control of the Industrial User.
An Upset does not include noncompliance to the extent caused by operational error, improperly {
designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or
careless or improper operation.
USER - Any person who contributes, causes or permits the contribution of wastewater into the City's
sewer system.
Ordinance No. 1117-7-92 Page 7
WASTE - Rejected, unutilized, or superfluous substances in liquid, gaseous or solid form resulting
from domestic, agricultural or industrial activities.
WASTEWATER - The liquid and water -carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and institutions, together with stormwater which may be
present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WATERCOURSE- A channel in which a flow of water occurs, either continuously or intermittently.
SECTION 3: PROHIBITED DISCHARGES
A) No person may introduce into a POTW any pollutant(s) which may pass through or interfere.
Also prohibited are any 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, kerosene, naphtha,
benzene, toluene, xylene, 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 creates a fire or explosion hazard in the sewage system,
including, but not limited to, wastestreams with a closed cup flashpoint of less than
140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in
40 CFR 261.21.
3) Any wastewater having a pH less than five point zero (5.0), greater than ten point
five (10.5), 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 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 or safety problems.
5) Any liquid or vapor having a temperature higher than 150*17 (65' C); or exhibiting
heat in amounts which will inhibit biological activity in the POTW causing an
interference; or, in any case, exhibiting heat in such quantities that the temperature
at the POTW treatment plant exceeds 40 degrees Centigrade (104 degrees
Fahrenheit).
6) Any pollutant(s), including oxygen demanding pollutants (COD, etc.) and total
dissolved solids, released in a Discharge at a flow rate and/or pollutant concentration
which will cause Pass Through or Interference at the POTW or which will cause the
POTW to be in non-compliance with any Federal or State sludge use or disposal
criteria, guidelines or regulations.
7) Any free or emulsified fats, waxes, greases or oils 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); or any combination of free
or emulsified fats, waxes, greases or oils, if, in the opinion of the Control Authority,
it appears probable that such wastes:
a) can deposit grease or oil in the sewer system in such a manner as to clog the
sewers;
Ordinance No. 1117-7-92 Page 8
b) can overload skimming and grease handling equipment;
c) are not amenable to bacterial action and will therefore pass to the receiving
water without being affected by normal sewage treatment processes;
d) can have deleterious effects on the treatment process due to excessive
quantities.
8) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass through.
9) 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.
10) Any noxious or malodorous liquids, gases or solids which either singly or by
interaction with other substances are sufficient to prevent entry into the sewer system
for maintenance and repair.
11) Wastewater containing COD in concentrations which are not amenable to treatment,
or any other substance which is determined by the Environmental Officer and/or
POTW to be not amenable to treatment.
12) Any trucked or hauled pollutants, except at discharge points designated by the City.
13) Pollutant(s) which causes:
a) excessive discoloration;
b) high hydrogen sulfide content;
c) unusual taste or odor -producing substances.
C) In cases where, and in the opinion of the Environmental Officer and/or POTW, the character
of the sewage from any manufacturer of industrial plant building or other premises is such that
it will damage the system, or cannot be treated satisfactorily in the system, the Environmental
Officer shall have the right to require such user to dispose of such waste otherwise and prevent
it from entering the sewage system.
D) Unusual flow and concentration of any of the above shall be pretreated to a concentration
acceptable to the City, if such wastes can:
1) cause damage to sewer system;
2) impair processes;
3) incur treatment cost exceeding those of normal sewage;
4) render the water unfit for stream disposal or industrial use;
5) create a public nuisance.
SECTION 4: HAZARDOUS METALS AND CHEMICAL OR TOXIC SUBSTANCES
A) It shall be unlawful to discharge into the sewer system, any metals, chemicals or toxic
substances in excess of the following concentration limits:
Ordinance No. 1117-7-92 Page 9
1) The following heavy metals and toxic materials in the form of compounds or elements
in solution or suspension in concentrations exceeding these limits:
PARAMETER
Arsenic (Total)
Cadmium (Total)
Chromium (Total)
Copper (Total)
Cyanide (Total)
Lead (Total)
Mercury (Total)
Nickel (Total)
Silver (Total)
Zinc (Total)
MONTHLY AVERAGE
LIMIT IN m¢/L
3.46
3.82
23.28
4.56
2.81
7.78
0.010
10.08
0.43
2.81
2) All other priority pollutants found in the POTW influent at a concentration at or
above 0.1 mg/L and all Numerical Aquatic Life Criteria as defined by the TWC
including, but not limited to the following, shall be excluded from the wastewater
system unless a Permit specifying the condition of pretreatment, concentration,
volumes, etc., is obtained from the City:
Aldrin
Aluminum
Carbaryl
Chlordane
Chlorpyrifos
DDT
Demeton
Dieldron
Endosulfan
Guthion
Heptachlor
Hexachlorocyclohexane
Malathion
Methoxychlor
Mirex
PCB (total)
Parathion
Phenanthrene
Pentachlorophenol
Selenium
Silver (free ion)
Toxaphene
Tributyltin
2 -4 -5 -Trichlorophenol
3) Any radioactive wastes or isotopes without prior written permission from the
Environmental Officer.
B) Except where expressly authorized to do so by an applicable Pretreatment Standard or
Requirement, no Industrial User shall ever increase the use of process water', or in any other
way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to
achieve compliance with a Pretreatment Standard or requirement. The Control Authority may
impose mass limitations on Industrial Users which are using dilution to meet applicable
Pretreatment Standards or Requirements, or in other cases where the imposition of mass
limitations is appropriate.
C) Upon the promulgation of Federal Categorical Pretreatment Standards for a particular
industrial subcategory, the Federal Pretreatment Standard, if more stringent than specific
limitations imposed under this Ordinance for industrial users subject to the Federal Standard,
shall supersede the limitations imposed under this Ordinance.
D) Where industrial users combine waste streams prior to treatment, compliance with an
applicable categorical standard will be determined either prior to combining the waste streams
or following treatment of the combined wastestream (by applying the Combined Wastestream
formula found in 40 CFR 403.6 (e)).
E) If any person discharges a substance into the City's sewer system in violation of this Section,
the Environmental Officer may terminate the service of sewer and/or water to the premises
1117-7-92
Ordinance No. Page 10
from which the substance was discharged.
SECTION 5: GARBAGE
A) No person shall discharge garbage into the sewer system unless it is shredded to a degree that
all particles can be carred freely under the flow conditions normally prevailing in the sewer
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.
SECTION 6: DISCHARGES REQUIRING TRAPS
A) Discharges requiring a trap include any non-residential establishment discharging:
1)
Grease or water containing grease;
2)
Oil;
3)
Sand;
4)
Flammable wastes, or;
5)
Other harmful substances.
B) Any person responsible for discharges requiring a trap shall at their own expense and as
required by the Environmental Officer:
1) Provide equipment and facilities of a type and capacity approved by the City.
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: COMPLIANCE WITH OTHER AUTHORITIES
A) COMPLIANCE WITH FEDERAL AUTHORITY
Industrial Users within the jurisdiction of this Ordinance shall comply with all Federal General
Pretreatment Regulations and with those Federal Categorical Pretreatment Standards
applicable to each as specified in 40 CFR Subchapter N, Parts 401 - 471.
B) COMPLIANCE WITH STATE AUTHORITY
Industrial Users within the jurisdiction of this Ordinance shall comply with applicable sections
of Chapter 26 of the Texas Water Code.
SECTION 8: INDUSTRIAL USER WASTEWATER DISCHARGE PERMIT REQUIREMENTS
A) All nondomestic users must notify the Environmental Officer of the nature and characteristics
of their wastewater prior to commencing their discharge. The Environmental Officer is
authorized to prepare a form for this purpose.
B) It shall be unlawful for significant industrial users to discharge wastewater, whether directly
or indirectly, into the City's sanitary sewer system without first obtaining an industrial user
pretreatment permit from the City. Any violation of the terms and conditions of an industrial
user wastewater permit shall be deemed a violation of this Ordinance. Obtaining an industrial
user wastewater discharge permit does not relieve a permittee of its obligation to obtain other
1117-7-92
Ordinance No. Page 11
permits required by Federal, State, or local law.
C) The Environmental Officer may require that other industrial users, including liquid waste
haulers, obtain industrial user wastewater discharge permits as necessary to carry out the
purposes of this Ordinance.
D) All existing significant users connected to or contributing to the POTW shall obtain a
wastewater discharge permit within one hundred eighty days after the effective date of this
Ordinance. The application must be submitted to the Control Authority within ninety days
after the effective date of this Ordinance.
E) New Connections: Any significant industrial user proposing to begin or recommence
discharging nondomestic wastes into the sanitary sewer system must obtain a wastewater
discharge permit prior to beginning or recommencing such discharge. For Categorical
Industrial Users, a Baseline Monitoring Report (see Section 9) will be used as an application
for this permit and must be filed at least ninety (90) days prior to commencement of discharge.
For Non -categorical Industrial Users, a permit application must be filed in accordance with
Section 14.
F) Reapplication: Once permitted, the Industrial User has the duty to reapply if the permittee
wishes to continue an activity regulated by the permit after the expiration date of the permit.
The Industrial User must submit an application for a new permit at least ninety (90) days
before the expiration of the permit in accordance with Section 14. The application form may
be obtained from the Control Authority.
SECTION 9: BASELINE MONITORING REPORT
Within 180 days after the effective date of a categorical Pretreatment Standard, or 180 days after the
final administrative decision made upon a category determination submission under 40 CFR
403.6(a)(4), whichever is later, existing Industrial Users subject to such Categorical Pretreatment
Standards and currently discharging to or scheduled to discharge to a POTW shall be required to
submit to the Control Authority a report which contains the information listed in paragraphs A through
G below. Where reports containing this information have already been submitted to the Director or
the Regional Administrator in compliance with the requirement of 40 CFR 128.140(b) (1977), the
Industrial User will not be required to submit this information again. At least 90 days prior to
commencement of discharge, New Sources, and sources that become Industrial Users subsequent to
the promulgation of an applicable categorical standard, shall be required to submit to the Control
Authority a report which contains the information listed in paragraphs A through E below. New
sources shall also be required to include this report information on the method of pretreatment the
source intends to use to meet applicable pretreatment standards. New Sources shall give estimates of
the information requested in paragraphs D and E.
A) Identifying Information: The User shall submit the name and address of the facility including
the name of the operators and owners;
B) Permits: The User shall submit a list of any environmental control permits held by or for the
facility;
C) Description of Operations: The User shall submit a brief description of the nature, average
rate of production, and the Standard Industrial Classification of the operation(s) carried out
by such Industrial User. This description should include a schematic process diagram which
indicates points of Discharge to the POTW from the regulated processes.
D) Flow Measurement: The User shall submit information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from each of the following:
1) Regulated process streams; and
1117-7-92
Ordinance No. Page 12
2) Other streams as necessary to allow use of the combined wastestream formula of 40
CFR 403.6(e)
The Control Authority may allow for verifiable estimates of these flows where justified by cost
or feasibility considerations.
E) Measurement of pollutants:
1) The User shall identify the Pretreatment Standards applicable to each regulated
process;
2) In addition, the User shall submit the results of sampling and analysis identifying the
nature and concentration (or mass, where required by the Standard or Control
Authority) of regulated pollutants in the Discharge from each regulated process.
Both daily maximum and average concentration (or mass, where required) shall be
reported. The sample shall be representative of daily operations;
3) A minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil
and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite
samples must be obtained through flow -proportional composite sampling techniques
where feasible. The Control Authority may waive flow -proportional composite
sampling for any Industrial User that demonstrates that flow -proportional sampling
is infeasible. In such cases, samples may be obtained throw time -proportional
composite sampling techniques or through a minimum of four (4) grab samples where
the User demonstrates that this will provide a representative sample of the effluent
being discharged.
4) The User shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this section.
5) 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 of 40 CFR 403.6(e) in order to evaluate compliance
with the Pretreatment Standards. Where an alternate concentration or mass limit has
been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with
supporting data shall be submitted to the Control Authority.
6) Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136
does not contain sampling or analytical techniques for the pollutant in question, or
where the Administrator determines that the Part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and analysis shall
be performed by using validated analytical methods or any other applicable sampling
and analytical procedures suggested by the POTW or other parties, approved by the
Administrator.
7) The Control Authority may allow the submission of a baseline monitoring report
which utilizes only historical data so long as the data provides information sufficient
to determine the need for industrial pretreatment measures;
8) The baseline report shall indicate the time, date and place, of sampling, and methods
of analysis, and shall certify that such sampling and analysis is representative of
normal work cycles and expected pollutant Discharges to the POTW.
F) Certification: A statement, reviewed by an authorized representative of the Industrial User
(as defined in Section 16), and certified to by a qualified professional, indicating whether
Pretreatment Standards are being met on a consistent basis, and, if not, whether additional
Ordinance No. 1117-7-92 Page 13
operation and maintenance (O&M) and/or additional pretreatment is required for the Industrial
User to meet the Pretreatment Standards and Requirements; and
G) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the
Pretreatment Standards; the shortest schedule by which the Industrial 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.
1) Where the Industrial User's categorical Pretreatment Standard has been modified by
a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR
403.6(e)), and/or a Fundamentally Different Factors variance (40 CFR 403.13) at the
time the User submits the report required by this section, the information required
by paragraphs F and G shall pertain to the modified limits.
2) If the categorical Pretreatment Standard is modified by a removal allowance (40 CFR
403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a
Fundamentally Different Factors variance (40 CFR 403.13) after the User submits the
report required by this section, any necessary amendments to the information
requested by paragraphs F and G of this section shall be submitted by the User to the
Control Authority within 60 days after the modified limit is approved.
SECTION 10: COMPLIANCE SCHEDULE FOR MEETING CATEGORICAL PRETREATMENT
STANDARDS
The following conditions shall apply to the schedule required by Section 9 (G):
A) The schedule shall contain increments of progress in the form of date for the commencement
and completion of major events leading to the construction and operation of additional
pretreatment required for the Industrial User to meet the applicable categorical Pretreatment
Standards (e.g., hiring an engineer, completing plans, executing contract for major
components, commencing construction, completing construction, etc.).
B) No increment referred to in Section 10 Paragraph A shall exceed 9 months.
C) Not later than 14 days followin; each date in the schedule and the final date for compliance,
the Industrial User shall submit a progress report to the Control Authority including, at 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 the steps being taken by the Industrial User to return the construction to the
schedule established. In no event shall more than 9 months elapse between such progress
reports to the Control Authority.
SECTION 11: 90 DAY COMPLIANCE REPORT
Within 90 days following the date for final compliance with applicable categorical Pretreatment
Standards or in the case of a New Source following the commencement of the introduction of
wastewater into the POTW, any Industrial User subject to Pretreatment Standards and Requirements
shall submit to the Control Authority a report containing the information described in Section 9
Paragraphs D, E, and F. For Industrial Users subject to equivalent mass or concentration limits
established by the Control Authority 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. For all other Industrial
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.
SECTION 12: PERIODIC REPORTS ON CONTINUED COMPLIANCE
A) Any Industrial User subject to a categorical Pretreatment Standard, after the compliance date
of such Pretreatment Standard, or, in the case of a New Source, after commencement of the
Ordinance No. 1117-7-92 Page 14
discharge into the POTW, shall submit to the Control Authority during the months of June and
December, unless required more frequently in the Pretreatment Standard or by the Control
Authority or the Approval Authority►, a report indicating the nature and concentration of
pollutants in the effluent which are limited by such categorical Pretreatment Standards. In
addition, this report shall include a record of measured or estimated average and maximum
daily flows for the reporting period for the Discharge reported in Section 9 Paragraph D except
that the Control Authority may require more detailed reporting of flows. At the discretion of
the Control Authority and in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the Control Authority may agree to alter the months during which
the above reports are submitted.
B) Where the Control Authority has imposed mass limitations on Industrial Users as provided for
by 40 CFR 403.6(d), the report required by paragraph A above shall indicate the mass of
pollutants regulated by Pretreatment Standards in the Discharge from the Industrial User.
C) For Industrial Users subject to equivalent mass or concentration limits established by the
Control Authority in accordance with the procedures in 40 CFR 403.6(c), the report required
by paragraph A above shall contain a reasonable measure of the User's long term production
rate. For all other Industrial Users subject to categorical Pretreatment Standards expresses
only in terms of allowable pollutant discharge per unit of production (or other measure of
operation), the report required by paragraph A above shall include the User's actual average
production rate for the reporting period.
SECTION 13: REPORTING REQUIREMENTS FOR SIGNIFICANT NONCATEGORICAL
INDUSTRIAL. USERS
Significant Noncategorical Industrial Users shall submit to the Control Authority at least once every
six month (on dates specified by the Control Authority) a description of the nature, concentration, and
flow of the pollutants required to be reported by the Control Authority. These reports shall be based
on sampling and analysis performed in the period covered by the report, and performed in accordance
with the techniques described in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136
does not contain sampling or analytical techniques for the pollutant in question, or where the
Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for
the pollutant in question, sampling and analysis shall be performed by using validated analytical
methods or any other applicable sampling and analytical procedures, including procedures suggested
by the POTW or other persons, approved by the Administrator. This sampling and analysis may be
performed by the Control Authority in lieu of the significant noncategorical industrial user. Where
the Control Authority collects all the information required for the report, the noncategorical significant
industrial users will not be required to submit the report.
SECTION 14: PERMIT APPLICATION
A) Significant industrial users required to obtain an Industrial Wastewater Discharge Permit shall
complete and file with the Environmental Officer, an application upon a form provided by the
City. A permit fee shall accompany the application. In support of the application, the
significant industrial user shall submit the following information:
1) Identifying Information: The User shall submit the name and address of the facility
including the name of the operators and owners;
2) Permits: The User shall submit a list of any environmental control permits held by
or for the facility;
3) Description of Operations: The User shall submit a brief description of the nature,
average rate of production, and the Standard Industrial Classification of the
operation(s) carried out by such Industrial User. This description should include a
schematic process diagram which indicates points of Discharge to the POTW from the
regulated processes.
Ordinance No. 1117-7-92 Page 15
4) Flow Measurement: The User shall submit information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW from each
of the following:
a Regulated process streams; and
b Other streams as necessary to allow use of the combined wastestreamformula
of 40 CFR 403.6(e)
The Control Authority may allow for verifiable estimates of these flows where
justified by cost or feasibility considerations.
5) Wastewater constituents and characteristics including but not limited to those
mentioned in this Ordinance, and any Federal, State or local standards. Sampling and
analysis shall be performed in accordance with procedures established by the EPA
pursuant to Sec 304 (g) of the Act; in 40 CFR, Part 136, as amended; and 40 CFR,
Part 403.12 (b) (5), as amended.
6) Certification: A statement, reviewed by an authorized representative of the Industrial
User (as defined in Section 16), and certified to 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 for the Industrial User to meet the Pretreatment Standards and
Requirements; and
7) Compliance Schedule. If additional pretreatment and/or O&M will be required to
meet the Pretreatment Standards; the shortest schedule by which the Industrial 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.
The following conditions shall apply to the schedule required by this paragraph:
a) The schedule shall contain increments of progress in the form of date for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the Industrial User to
meet the applicable Pretreatment Standards (e.g., hiring an engineer,
completing plans, executing contract for major components, commencing
construction, completing construction, etc.).
b) No increment referred to in Section 14 Paragraph A(7)(a) shall exceed 9
months.
Not later than 14 days following each date in the schedule and the final date for
compliance, the Industrial User shall submit a progress report to the Control
Authority including, at 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 the steps being taken by the
Industrial User to return the construction to the schedule established. In no event
shall more than 9 months elapse between such progress reports to the Control
Authority.
8) Any other information as deemed necessary by the City to evaluate the permit
application.
B) The Environmental Officer shall issue a permit if he determines that pretreatment facilities are
adequate for efficient treatment and that discharged wastes will comply with the requirements
of Section 3 and Section 4 and State or Federal Pretreatment Standards, if applicable.
SECTION 15: PERMIT CONDITIONS
Ordinance No. 1117-7-92 Page 16
A) Industrial 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 shall contain but not be limited to, the following:
1) Statement of duration (in no case more than five years);
2) Statement of non -transferability without, at a minimum, prior notification to the
POTW and provision of a copy of the existing control mechanism to the new owner
or operator;
3) Effluent limits based on applicable general pretreatment standards in 40 CFR Part
403, categorical pretreatment standards, local limits, and State and local law;
4) Self-monitoring, sampling, reporting, notification and recordkeeping requirements,
including an identification of the pollutants to be monitored, sampling location,
sampling frequency, and sample type, based on the applicable general pretreatment
standards, local limits, and State and local law;
5) Statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such schedules
may not extend the compliance date beyond applicable federal deadlines.
SECTION 16: SIGNATORY REQUIREMENTS FOR INDUSTRIAL USER REPORTS
The reports required under Sections 9, 11, 12 and 13 shall include the certification below:
"I certify under penaltyof law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to ensure 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
information, the information submitted is, to the best of my knowledge 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."
and shall be signed as follows:
1) By a responsible corporate officer, if the Industrial User submitting the reports is a
corporation.
2) By a general partner or proprietor if the Industrial User submitting the reports is a
partnership or sole proprietorship, respectively.
3) The principal executive officer or Environmental Officer having responsibility for the
overall operation of the discharging facility if the Industrial User submitting the
reports is a Federal, State, or local governmental entity, or their agents.
4) By a duly authorized representative of the individual designated in paragraph (1), (2),
or (3) of this section if:
a) The authorization is made in writing by the individual described in paragraph
(1), (2), or (3),
b) The authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the industrial
discharge originates, such as the position of plant manager, operator of a well,
or well field superintendent, or a position of equivalent responsibility for
environmental matters for the company; and
c) The written authorization is submitted to the City.
1117-7-92
Ordinance No. Page 17
5) If an authorization under paragraph (4) 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 authorization
satisfying the requirements of paragraph (4) of this section must be submitted to the
City prior to or together with any reports to be signed by an authorized
representative.
SECTION 17: PERMIT ISSUANCE PROCESS
A) Permit Duration: Permits shall be issued for a specifiedriod, not to exceed five (5) years.
A permit may be issued for a period less than five r5)years, at the discretion of the
Environmental Officer.
B) Permit Appeals: The Environmental Officer will provide all interested persons with notice of
final permit decisions. Upon notice by the Environmental Officer, any person, including the
industrial user, may petition to appeal the terms of the permit within thirty (30) days of the
notice to the Environmental Appeals Committee.
1) Failure to submit a timely petition for review shall be deemed to be a waiver of the
appeal.
2) In its petition, the appealing party must indicate the permit provisions objected to,
the reasons for this objection, and the alternative condition, if any, it seeks to be
placed in the permit.
3) The effectiveness of the permit shall not be stayed pending a reconsideration by the
Committee. If, after considering the petition and any arguments put forth by the
Environmental Officer, the Committee determines that reconsideration is proper, it
shall remand the permit back to the Environmental Officer for reissuance. Those
permit provisions being reconsidered by the Environmental Officer shall be stayed
pending reissuance.
4) An Environmental Appeals Committee decision not to reconsider a final permit shall
be considered final administrative action for purposes of judicial review.
C) Permit Action: The Control Authority has the power to deny or condition new or increased
contributions of pollutants, or changes in the nature of pollutants, to the POTW by an
Industrial User where such contributions do not meet applicable Pretreatment Standards and
Requirements or where such contributions would cause the POTW to violate it NPDES permit.
The Environmental Officer may modify the permit for good cause including but not limited to,
the following:
1) To incorporate any new or revised Federal, State, of local pretreatment standards or
requirements.
2) Material or substantial alterations or additions to the discharger's operation processes,
or discharge volume or character which were not considered in drafting the effective
permit.
3) A change in any condition in whether the industrial user or the POTW that requires
either a temporary or permanent reduction or elimination of the authorized discharge.
4) Information indicating that the permitted discharge poses a threat to the Control
Authority's collection and treatment systems, POTW personnel or the receiving
waters.
5) Violation of any terms or conditions of the permit.
6) Misrepresentation or failure to disclose fully all relevant facts in the permit
Ordinance No. 1117-7-92 Page 18
application or in any required reporting.
7) Revision of or a grant of variance from such categorical standards pursuant to 40 CFR
403.13.
8) To correct typographical or other errors in the permit.
9) To reflect transfer of the facility ownership and/or operation to a new owner/operator.
10) Upon request of the permittee, provided such request does not create a violation of
any applicable requirements, standards, laws, or rules and regulations.
The filing of a request by the permittee for a permit modification, revocation and reissuance,
or termination, or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
D) Permit Transfer: Permits may be reassigned or transferred to a new owner and/or operator
with prior approval of the Environmental Officer:
1) The permittee must give at least thirty (30) days advanced notice to the
Environmental Officer.
2) The notice must include a written certification by the new owner which:
a) States that the new owner has no immediate intent to change the facility's
operations and processes
b) Identifies the specific date on which the transfer is to occur
c) Acknowledges full responsibility for complying with the existing permit.
E) Permit Termination: Pretreatment permits may be terminated for reasons including but not
limited to, the following:
1) Falsifying self-monitoring reports.
2) Tampering with monitoring equipment.
3) Refusing to allow timely access to the facility premises and records.
4) Failure to meet effluent limitations.
5) Failure to pay fines.
6) Failure to pay sewer charges.
7) Failure to meet compliance schedules.
F) Permit Reissuance: The user shall apply for permit reissuance by submitting a complete permit
application a minimum of ninety (90) days prior to the expiration of the user's existing permit.
G) Continuation of Expired Permits: An expired permit will continue to be effective and
enforceable until the permit is reissued if:
1) The industrial user has submitted a complete permit application at least ninety (90)
days prior to the expiration date of the user's permit.
2) The failure to reissue the permit, prior to expiration of the previous permit, is not due
to any act or failure to act on the part of the industrial user.
Ordinance No. 1117-7-92 Page 19
SECTION 18: GENERAL REPORTING AND RECORD-KEEPING REQUIREMENTS
A) If sampling performed by an Industrial User indicates a violation, the user shall notify the
Control Authority within 24 hours of becoming aware of the violation. The User shall also
repeat the sampling and analysis and submit the results of the repeat analysis within 30 days
after becoming aware of the violation.
B) If an Industrial User subject to the reporting requirements of Section 12 or Section 13 monitors
any pollutant more frequently than required by the Control Authority, using the procedures
as prescribed 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the
report.
C) Any Industrial User subject to the reporting requirements established in this ordinance or the
permit shall retain for a minimum of 3 years any records of monitoring activities and results
(whether or not such monitoring activities are required by this ordinance or the permit) and
shall make available for inspection and copying by the EPA, TWC or the POTW. This period
of retention shall be extended during the course of any unresolved litigation regarding the
Industrial User or the POTW or when requested by the state or the federal government. For
all samples, such records shall include but not be limited to:
1) The date, exact place, method, and time of sampling and the names of the person or
persons taking the samples;
2) The date analyses were performed;
3) Who performed the analyses;
4) The analytical techniques/methods used; and
5) The results of such analyses.
SECTION 19: PROCEDURES FOR ABATEMENT OF VIOLATIONS
A) Whenever the Environmental Officer has determined that any person has violated any
provision of this Ordinance or permit, or that such violation is continuing or reoccurring, he
will investigate and respond to such instances of industrial user noncompliance in accordance
with the Enforcement Response Plan developed by the City accordance with 40 CFR
403.8(f)(5). In addition to any other remedy provided for in this Ordinance, the
Environmental Officer may 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 Environmental Officer
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 Environmental Officer by filing a written
Ordinance No. 1117-7-92 Page 20
notice of appeal with the Environmental Officer on forms provided by the Environmental
Officer. Such notice of appeal shall be filed within five (5) days of service of the order.
D) If no timely appeal is filed, the Environmental Officer 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, after informal notice to the discharger, can immediately and effectively halt or
prevent any discharge of pollutants and/or terminate water service when such action is
necessary, in the opinion of the Environmental Officer, 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 environment, causes interference with the treatment
processes or causes the POTW to violate its NPDES Permit.
SECTION 20: ENVIRONMENTAL APPEALS COKM ITTEE
A) An Environmental Appeals Committee is hereby established and authorized to hear and decide
appeals from any order issued by the Environmental Officer pursuant to this Ordinance. The
Committee shall be composed of the City Manager, or Assistant City Manager, the Public
Works Director 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 a preponderance of evidence to
support the Environmental Officer'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 a
preponderance of evidence to support the determination and order of the Environmental
Officer, the Committee shall, in addition to its decision, issue an order:
1) requiring discontinuance of such violation or condition,
2) requiring compliance with any requirement to correct or prevent any condition or
violation, or
3) 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 21: 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 Environmental Officer.
Industrial Users will be inspected and monitored a minimum of once per year. 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:
1) Performed in accordance with procedures established by the Administrator pursuant
to section 304(h) of the Act and contained in 40 CFR 136 and amendments thereto
or with any other test procedures approved by the Administrator. Sampling shall be
performed in accordance with the techniques approved by the Administrator. Where
Ordinance No. 1117-7-92 Page 21
40 CFR Part 136 does not include sampling or analytical techniques for the pollutants
in question, or where the Administrator determines that the Part 136 sampling and
analytical techniques are inappropriate for the pollutant in question, sampling and
analyses shall be performed using validated analytical methods or any other sampling
and analytical procedures, including procedures suggested by the POTW or other
parties, approved by the Administrator.
2) Determined from suitable samples taken at the control manhole provided or other
control points authorized by the City provided at the expense of the industry.
3) The City may select an independent firm or laboratory to perform sampling and
laboratory analyses.
4) The determination of the character and concentration of industrial wastewater shall
be made by the Environmental Officer at such times and on such schedules as he may
establish.
5) The City may require any person determined to be discharging wastewater in violation
of this Ordinance to compensate the City for the costs of sampling, analyses of the
discharges and additional Administrative fees until the discharged wastewater is in
compliance with this Ordinance.
SECTION 22: SAMPLING AND ANALYSES FEES
A) Each significant industrial user for which the Control Authority has reporting requirements
under its National Pollutant Discharge Elimination System permit shall compensate the City
for the cost of sampling, laboratory analyses and administration required to monitor wastewater
discharges. The Environmental Officer shall determine the number of samples and frequency
of sampling necessary to maintain surveillance of discharges.
B) Each contributing industry or commercial firm for which the Ci 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.
C) All fees required under this Ordinance shall be invoiced to the contributing industry or
commercial firm by the City and shall be payable as indicated on the invoice.
SECTION 23: INDUSTRIAL WASTEWATER SURCHARGE
A) A surcharge may be applied in addition to the monthly sewer service charge for the discharge
of above normal strength wastewater to cover the additional costs of treating such wastewater.
Such a charge is collected by the City.
B) The surcharge shall be calculated as follows:
C= (B(Bu-250) + S (Su -250)] x F x V
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 (per 1,000
gallons)
Su = the tested total suspended solids of the discharge
F = a factor of 8.34 to convert mg/L to pounds/gallon
V = monthly billing volume (discharge) in thousand gallons
250 = average domestic BOD and total suspended solids (250 mg/L)
1117-7-92
Ordinance No. Page 22
SECTION 24: INSPECTION AND SAMPLING
A) Representatives of the City, the U.S. Environmental Protection Agency, the Texas Water
Commission, and the Texas Department of Health, or any successor agency bearing proper
credentials and identification, shall be permitted to enter any properties at any reasonable time
for the purpose of inspection, observation, measurement, sampling, examination and copying
of records, and testing of the sewage system or any wastewater discharged into the sewage
system.
B) The Environmental Officer shall carry out all inspection and monitoring procedures necessary
to determine compliance with applicable Pretreatment Standards and requirements.
C) Anyone acting under this authority shall observe the establishment's rules and regulations
concerning safety, internal security and fire protection.
SECTION 25: CONTROL MANHOLE
A) When necessary to monitor wastewater discharged into the sewage system, the Environmental
Officer may require an industrial user to install a suitable control manhole in order to
adequately sample and measure such wastewater. Installation of meters, equipment and
accessories as deemed necessary by the Environmental Officer may also be required.
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
Environmental Officer for review an approval to insure compliance with this section. Plans
must include any meters or other equipment required to be installed.
SECTION 26: PRETREATMENT REQUIRED
A) Industrial 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. The City can require the
development of a compliance schedule by each Industrial User for the installation of
technology required to meet applicable Pretreatment Standards and Requirements.
B) Before beginning construction of pretreatment facilities, the user shall submit detailed plans
and operating procedures for the facility to the Environmental Officer for review and approval.
The review and approval 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 acceptable to the
City under the provisions of this Ordinance.
C) All Industrial Users shall promptly notify the POTW in advance of any substantial change in
the volume or character of pollutants in their discharge.
D) All records relating to compliance with the 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 wastewater shall be made
by the Environmental Officer at such times and on such schedules as he may establish.
SECTION 27: NOTICE OF SIGNIFICANT NONCOMPLIANCE
A) The City shall publish annually a list of industrial users in significant noncompliance of
applicable Pretreatment Standards or other pretreatment requirements during the previous
Ordinance No. 1117-7-92 Page 23
twelve (12) months. The notification shall also summarize any enforcement actions taken
against the users during the same period. Said list shall be published in the largest daily
newspaper published in the Municipality in which the Control Authority is located.
B) For purposes of this section; an industrial user is in significant noncompliance if its violation(s)
meets one or more of the criteria defined under 40 CFR 403.8(f)(2)(vii).
SECTION 28: FALSIFYING INFORMATION
Any person who knowingly makes any false statements, representation or certification in any
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 thousand dollars ($2000.00) for each conviction.
SECTION 29: BYPASS
A) Bypass not violating applicable Pretreatment Standards or Requirements. An Industrial 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 provisions of Paragraphs B and C, below.
B) Notice.
1) If an Industrial User knows in advance of the need for a bypass, it shall submit prior
notice to the Control Authority, if possible at least ten days before the date of the
bypass.
2) An Industrial User shall submit oral notice of an unanticipated bypass that exceeds
applicable Pretreatment Standards to the Control Authority within 24 hours from the
time the Industrial User becomes aware of the bypass. A written submission shall
also be provided within 5 days of the time the Industrial 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
Control Authority may waive the written report on a case-by-case basis if the oral
report has been received within 24 hours.
C) Prohibition of Bypass.
1) Bypass is prohibited, and the Control Authority may take enforcement action against
an Industrial User for a bypass, unless:
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 down time. 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 preventative maintenance; and
c) The Industrial User submitted notices as required under Paragraph B of this
Section.
2) The Control Authority may approve an anticipated bypass, after considering its
adverse effects, if the Control Authority determines that it will meet the three
Ordinance No. 1117-7-92 Page 24
conditions in Paragraph C(1) of this Section.
SECTION 30: SLUG CONTROL PLAN
A) Each industrial user shall provide protection from slug discharges, as defined in Section 2 of
this ordinance. The Control Authority may require the Industrial User to develop and
implement a slug control plan. The plan shall contain, at a minimum, the following elements:
1) Description of discharge practices, including non -routine batch discharges;
2) Description of stored chemicals;
3) Procedures for immediately notifying the POTW of slug discharges, including any
discharge that would violate a prohibition under 40 CFR 403.5, with procedures for
follow-up written notification within five days;
4) If necessary, procedures to prevent adverse impact from accidental spills, including
inspection and maintenance of storage areas, handling and transfer of materials,
loading and unloading operation, control of plant site run-off, worker training,
building of containment structures or equipment, measures for containing toxic
organic pollutants (including solvents), and/or measures and equipment for emergency
response.
SECTION 31: NOTICE OF POTENTIAL PROBLEMS, INCLUDING SLUG LOADING
All categorical and non -categorical Industrial Users shall notify the POTW and the city immediately
of all discharges that could cause problems to the POTW, including any slug loadings, by the Industrial
User.
SECTION 32: UPSETS
A) Effect of an upset. An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical Pretreatment Standards if the requirements of paragraph B are
met.
B) Conditions necessary for a demonstration of upset. An Industrial User who wishes to establish
the affirmative defense of Upset shall demonstrate, through properly signed, contemporaneous
operation logs, or other relevant evidence that:
1) An Upset occurred and the Industrial User can identify the cause(s) of the Upset;
2) The facility was at the time being operated in a prudent and workman -like manner
and in compliance with applicable operation and maintenance procedures;
3) The Industrial User has submitted the following information to the POTW and
Control Authority within 24 hours of becoming aware of the Upset (if this information
is provided orally, a written submission must be provided within five days);
(a) A description of the Indirect Discharge and the cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue;
(c) Steps being taken and/or plans to reduce, eliminate and prevent recurrence of the
noncompliance.
C) Burden of proof. In any enforcement proceeding the Industrial User seeking to establish the
occurrence of an Upset shall have the burden of proof.
Ordinance No. 1117-7-92 Page 25
D) Reviewability of agency consideration of claims of upset. In the usual exercise of prosecutorial
discretion, Agency enforcement personnel should review any claims that non-compliance was
caused by an Upset. No determinations made in the course of the review constitute final
Agency action subject to judicial review. Industrial users will have the opportunity of a
judicial determination on any claim of Upset only in an enforcement action brought for
noncompliance with categorical Pretreatment Standards.
E) User responsibility in case of upset. The Industrial User shall control production or all
Discharges to the extent necessary to maintain compliance with categorical Pretreatment
Standards upon reduction, loss, or failure of its treatment facility until the facility is restored
or an alternative method of treatment is provided. This requirement applies in the situation
where, among other things, the primary source of power of the treatment facility is reduced,
lost or fails.
SECTION 33: NOTIFICATION OF DISCHARGE OF HAZARDOUS WASTES
A)
Industrial Users 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 Industrial User discharges more than 100 kilograms of such waste per calendar
month to the POTW, the notification shall also contain the following information to the extent
such information is known and readily available to the Industrial 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 months. Industrial Users shall provide the notification no later than 180 days
after the discharge of the listed or characteristic hazardous waste. Any notification under this
paragraph need be submitted only once for each hazardous waste discharged. However,
notifications of changed discharges must be submitted under 40 CFR 403.12(j). The
notification requirement in this section does not a ly to pollutants already reported under the
self-monitoring requirements of 40 CFR 403.12 b5,(d) and (e).
B)
Dischargers are exempt from the requirements of Section 31 paragraph A during a calendar
month in which the discharge no more than fifteen 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 that fifteen kilograms of non-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 Industrial User discharges more than such quantities of
any hazardous waste do not require additional information.
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
Industrial User must notify the POTW, the EPA Regional Waste Management Division
Director and the State hazardous waste authorities of the discharge of such substance within
90 days of the effective date of such regulations.
D)
In the case of any notification made under Section 31 of this ordinance, the Industrial User
shall certify that is 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.
SECTION 34: CONFIDENTIAL INFORMATION
A) Information and data on a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall be available to the public or other
governmental agency without restriction unless the user specifically requests and is able to
demonstrate to the satisfaction of the City that the release of such information would divulge
Ordinance No. 1117-7-92 Page 26
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 or any state agency in
judicial review or enforcement proceedings involving the person furnishing the report. Effluent
data, as defined in 40 CFR 2.302, will not be considered confidential.
SECTION 35: MISCELLANEOUS OFFENSES RELATING TO SEWER SYSTEM
No person other than a regular employee or officer of the City charged with such duties, shall do or
aid in doing any of the following acts:
1) Opening, closing, lifting or removing the cover of any sanitary sewer manhole or clean-out plug
of the City sewer system;
2) Interfering with, destroying, impairing, injuring or defacing any property which is a part of or
essential to the proper functioning of the City sewer system;
3) Covering or concealing from view any sanitary sewer manhole;
4) Tapping and/or otherwise connecting into an existing sanitary sewer main which is a part of the
City sewer system.
SECTION 36: DANGEROUS DISCHARGES
The Control Authority, after informal notice to the discharger, can immediately and effectively halt
or prevent any Discharge of pollutants which reasonably appears to present an imminent endangerment
to the health or welfare of persons. The Control Authority, after notice to the affected Industrial
Users and an opportunity to respond, can halt or prevent any Discharge to the POTW which presents
or may present an endangerment to the environment or which threatens to interfere with the operation
of the POTW.
SECTION 37: PENALTIES
A) In addition to prohibiting certain conduct by natural persons, it is the intent of this ordinance
to hold a corporation or association legally responsible for prohibited conduct performed by
an agent acting in behalf of a corporation or association and within the scope of his office or
employment.
B) Any person found to be guilty of violating provisions of this ordinance shall become liable to
the City for any expense, loss, or damage occasioned by the City for reason of appropriate
clean-up and proper disposal of said waste materials. Additionally, an administrative fee up
to one-half (1/2) of assessed clean-up costs may be levied by the City against the guilty person.
C) Additionally, the City is entitled to pursue all other criminal and civil remedies, including
injunctive (judicial) relief to which it is entitled under the authority of statutes and/or other
ordinances and/or under applicable state and Federal laws against a person continuing
prohibited discharges or violating any other provision of this Ordinance.
SECTION 38. Any person, operator, or owner who shall violate any provision of this ordinance, or
who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine not to exceed two thousand dollars ($2,000.00), and each day a
violation exists shall constitute a separate offense and shall be punished accordingly.
Ordinance No. 1117-7-92 Page 27
SECTION 39. All provisions of any existing ordinances of the City in conflict with the provisions of
this Ordinance are hereby repealed, and all other provisions of any existing ordinance of the City, not
in conflict with the provisions of this Ordinance, shall remain in full force and effect.
SECTION 40. It is the intention of the City Council that this Ordinance, and every provision thereof,
shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision
or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this
Ordinance.
SECTION 41. This Ordinance shall become effective immediately upon its passage and publication
as required by law and approval is received from the U.S. Environmental Protection Agency.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 16TH DAY OF JULY , 1992.
APPROVED:
Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
Ordinance No. 1117-7-92 Page 28
Ordinance No. 1117-7-92
ENFORCEMENT.RESPONSE PLAN
CITY OF ALLEN
PRETREATMENT PROGRAM
ENFORCEMENT RESPONSE PLAN
PURPOSE
Ordinance No. 1117-7-92
The Enforcement Response Plan is to outline the procedures to be
followed by the City of Allen staff and the North Texas Municipal Water
District to identify, document and respond to pretreatment violations.
LEGAL RELATIONSHIP
Through the NPDES permits, the EPA requires the NTMWD to carry out
pretreatment activities, including enforcement against industries in
violation of their permit. The NTMWD, in turn, through
Multijurisdictional Pretreatment Agreements, has delegated enforcement
to the individual cities, since it does not have the legal mandate to
enforce penalties on industries directly. The NTMWD will cooperate with
the city in enforcement activities by providing technical assistance,
expert testimony, etc. However, the city must carry out any
prosecution, issue compliance orders drafted by the NTMWD and provide
legal counsel.
ELEMENTS OF THE PLAN
A comprehensive and effective pretreatment enforcement plan must
reflect the City's primary responsibility to enforce all applicable
standards and requirements.
IDENTIFICATION AND DOCUMENTATION OF VIOLATIONS
Industrial User Survey
An initial component of an enforcement response plan is the
industrial user inventory. The General Regulations require the Control
Authority to provide its Approval Authority with an updated list of
industrial users on an annual basis.
Ordinance No. 1117-7-92
The NTMWD Pretreatment Inspector (PI) is responsible for -keeping
the City of Allen Industrial User Master Inventory accurate and up-to-
date. The Master Inventory will be reviewed at least annually and
updated as required. The Master Inventory will be maintained on a
microcomputer with hard copy printouts available, and one copy provided
to the Environmental Officer by the 15th day of the month following the
end of the quarter (based on the pretreatment year).
The following tools will be available and utilized in maintaining
an accurate Master Inventory in the City of Allen:
1. List of non-residential water users as provided by the
city.
2. Periodic review of area telephone books.
3. Physical inspections of commercial and industrial areas.
4. Periodic review of the Texas Directory of Manufacturers
of the City of Allen.
5. Industrial User Survey which shall be performed at least
every three years.
Compliance Monitoring Procedures
The NTMWD's compliance monitoring activities are designed to
detect and document violations in a manner that ensures that the results
are admissible as evidence in judicial proceedings.
Compliance data can be collected in either of two ways:
1. self-monitoring by industrial users, with findings
reported to the NTMWD; and
2. inspections and direct sampling by the NTMWD.
Self-monitoring requirements for industrial users are contained in
their respective discharge permits issued by the city. Analytical
laboratory data will be submitted to the city and the NTMWD at the
frequency directed by the permit under the cover of a form, Self-
monitoring Report, containing required information pertaining to the
sample(s) collected, and a required certification statement.
2
Ordinance No. 1117-7-92
The NTMWD conducts inspections of all industrial users in
accordance with the policies and procedures of the Industrial
Pretreatment Program. The date of each inspection, and the
recommendations/deficiencies noted during each inspection are filed
accordingly.
In conjunction with the inspections, the NTMWD will periodically
collect representative samples for analysis. As a minimum, the samples
will be collected and analyzed at least twice per year. Federal
pretreatment regulations require the Control Authority to conduct its
own compliance evaluations to verify the accuracy of the user's self-
monitoring data.
Screening and Tracking Compliance Data
Once collected and assimilated, all compliance data must be
systematically analyzed to identify violations. This process must
identify all violations, including those of a non discharge nature, and
must accurately determine the compliance status of each significant.
user.
The Pretreatment Inspector has the responsibility of initially
screening all compliance data, identifying all violations, and filing
all reports accordingly. Information shall be screened on a rolling (as
received) basis, but in no case, any later than five (5) working days
after receipt. Particular attention shall be given to reporting due
dates and comparing numerical laboratory analysis results to categorical
and local limits, and to any additional prohibited discharge standards
that may apply. Violations shall be noted on the document containing
the data and shall be logged on the Pretreatment Violations Log. The
Pretreatment Inspector will forward a copy of the Log to the
Pretreatment Coordinator on the 1st of each month. The Pretreatment
Coordinator will review the Log (after screening the compliance data) to
confirm all violations.
3
Ordinance No. 1117-7-92
ENFORCEMENT RESPONSE
Responsible Personnel
NTMWD Executive Director (ED)- Responsible for general policy
concerning'enforcement.
NTMWD Research and Development Manager (RDM) - Responsible for
overview and enforcement response
NTMWD Pretreatment Coordinator (PC)- Responsible for the
development and implementation of the Pretreatment Program
to ensure compliance with federal pretreatment regulations.
Responsible for all records, reports, and data utilized in
enforcement. Maintains liaison with city personnel and
industries.
NTMWD Pretreatment Inspector (PI) - Performs compliance sampling
and inspections. Screens compliance monitoring data,
including inspection reports. Detects noncompliance. Logs
violations and informs the PC of violations. Authorized to
conduct phone calls regarding violations, serve informal
warnings, prepare NOVs and AOs.
City of Allen Environmental Officer (EO) - Issues permits, AOs and
NOVs; determines appropriate enforcement responses to
violations.
City of Allen City Attorney (CA) - Advises technical and
managerial personnel on enforcement matters and orchestrates
the judicial responses deemed necessary by the E0.
Consulted on matters requiring legal interpretation of the
Industrial Waste Ordinance and this plan.
In the event that an entity other than the NTMWD shall be
administering the Pretreatment Program for the City of Allen, all
references herein to the NTMWD shall be taken to mean the entity
so serving.
4
Ordinance No. 1117-7-92
Response Criteria
The specific enforcement response action selected for use must be
appropriate to the violation. The following criteria shall be
considered when determining a proper enforcement response:
1. Magnitude of the violation - Incidents of significant
noncompliance as defined in the General Pretreatment
Regulations shall receive an enforceable order that requires a
return to compliance by a specific deadline
2. Duration of the violation - Enforcement response actions shall
serve to prevent extended periods of noncompliance (regardless
of severity) from recurring.
3. Effect of the violation on the receiving water - Any violation
resulting in environmental harm shall be dealt with severely.
Environmental harm shall be presumed whenever an industry
discharges a pollutant into the sewage system which:
a. causes a violation of the POTW's discharge permit(s),
including violations of water quality standards, or
b. has a toxic effect on the receiving stream (i.e. fish
kill).
In such cases, enforcement response actions shall include an
AO and an Administrative Fine. Any fines or penalties
incurred by the City as a result of such an incident shall be
recovered from the noncompliant user within the response
action. Termination of service to the user may be considered.
4. Effect of the violation on the POTW - Incidents that result in
significant increases in treatment costs or interfere with or
harm City and/or POTW personnel, equipment, processes, or
operation (including sludge disposal costs) shall receive an
Administrative Fine or Civil Penalty. In addition, the
noncompliant user is subject to receiving an order to correct
the violation and to reimburse the City and/or POTW for
additional costs and expenses necessary to repair the POTW.
I
Ordinance NO. 1117-7-92
5. Compliance history of the industrial user - Recurring
compliance problems (even of different program requirements)
shall be dealt with strongly to ensure that consistent
compliance is achieved.
6. Good faith of industrial user - A user's demonstrated
willingness to comply shall predispose the City to select less
stringent enforcement response actions, however, good faith
will not eliminate the necessity of an enforcement action.
Good faith shall be defined as the user's honest intention to
remedy its noncompliance in a timely fashion in conjunction
with action which lend support to this intention.
6
Ordinance No. 1117-7-92
Response Actions
Following the identification of a pretreatment violation,
including the determination as to its significance (in accordance with
the General Pretreatment Regulations), the most appropriate enforcement
response must be selected and applied. This response must be
proportionate to the violation severity, promote compliance in a timely
manner, and be authorized under State law and the City of Allen
Industrial Waste Ordinance.
The following is a list of enforcement response actions available
for use in the City of Allen:
• Notice of Violation
• Administrative Order
Consent Order
Show Cause Order
Compliance Order
Cease and Desist Order
• Administrative Fines
• Civil Litigation
Consent Decree
Injunction
Civil Penalty/Cost Recovery
• Criminal Prosecution
• Termination of Sewer Service
• Supplemental Actions
Public Notice
Increased Monitoring and Reporting
A very brief description of each of these response actions'
alternatives is presented below, including an example of each where
applicable. It should be noted that the Enforcement Response Guide
which constitutes the last section of this plan clarifies the specific
uses of each enforcement action, and includes the identification of
which positions are authorized to issue specific orders or initiate
other appropriate enforcement actions.
7
Ordinance No. 1117-7-92
1. Notice of Violation - An official communication from the City
to the noncompliant industrial user which informs the user
that a pretreatment violation has occurred. Multi-purpose use
- for non significant violations, and for significant
violations (generally in conjunction with additional actions).
See example in Attachment A.
2. Administrative Orders - Enforcement documents which direct
industrial users to undertake or to cease specified
activities. Terms may or may not be negotiated. Generally
used as first formal response to significant noncompliance,
and may incorporate compliance schedules, administrative
penalties, and termination of service. The City will utilize
four (4) types of Administrative Orders:
a. Consent Order - An agreement between the City of Allen
and the industrial user normally containing three (3)
elements: (1) compliance schedules; (2) stipulated
fines or remedial actions; and (3) signatures of the
city and industry representatives. See example in
Attachment B.
b. Show Cause Order - An order which directs the user to
appear before the City to explain its noncompliance,
and show cause why more severe enforcement actions
against the user should not be levied. Typically used
after informal contacts or NOV's have failed to
resolve noncompliance, however, it can be used at any
time. See example in Attachment C.
c. Compliance Order - An order which directs the
industrial user to achieve or restore compliance by a
date specified in the order. Terms need not be
discussed with the industry in advance. Typically
used when noncompliance cannot be resolved without
construction, repair, or process changes, and to
H.
Ordinance No. 1117-7-92
require the development of management practices, spill
prevention programs, and related pretreatment program
requirements. See example in Attachment D.
d. Cease and Desist Order - An order which directs the
noncompliance user to cease illegal or unauthorized
discharges immediately, or to terminate its discharge
altogether. Generally used in situations where the
discharge could cause interference or pass through, or
otherwise create an emergency situation. See example
in Attachment E.
3. Administrative Fines - Monetary penalties assessed by the City
for violations of the pretreatment program standards and
requirements. Assessed directly by the City with no court
intervention, and are strictly punitive in nature. These
fines shall recapture the full or partial economic benefit of
noncompliance, and should serve to deter future violations.
Administrative fines shall not exceed $1,000.00 per violation
per day. Administrative fines shall be assessed through a
Notice of Violation (NOV) or an Administrative Order (AO).
4. Civil Litigation - The formal process of filing lawsuits
against industrial users to secure court ordered action to
correct violations and to secure penalties for violations
including the recovery of costs to the City for the
noncompliance. Normally pursued when the corrective action
required is costly and complex, when the penalty to be
assessed exceeds the maximum administrative fine, or when the
industrial user is considered recalcitrant and unwilling to
cooperate. The City of Allen will typically utilize three (3)
types of Civil Litigation:
a. Consent Decree - Agreement between the City and the
industrial user reached after the lawsuit has been filed.
Signed by the judge assigned to the case.
E
Ordinance No. 1117-7-92
b. Iniunction - Court order directing the parties involved to
do something or refrain from doing something. Generally
used when the delays involved with filing a lawsuit will
result in irreparable harm.
C. Civil Penalties/Cost Recovery - Reimbursement to the City
of all expenses incurred in responding to noncompliance,
including restoration of the physical plant, payment of
medical treatment of injured employees, and
indemnification of the City for all fines assessed against
it for discharge permit violations. Generally higher than
administrative fines.
5. Criminal Prosecution - The formal process of charging
individuals and/or organization with violations or ordinance
provisions that are punishable (upon conviction) by fines
and/or imprisonment. The purpose of criminal prosecution is
to punish noncompliance through court proceedings and to deter
future noncompliance. It will be used when the City has
evidence of noncompliance which shows criminal intent.
6. Termination of Sewer Services - The revocation of an
industrial user's privilege to discharge industrial wastewater
into the City of Allen sewer system. Termination may be
accomplished by physical severance of the industry's
connection to the collection system, by use of an
Administrative Order, or by court ruling. This action will be
considered to be an appropriate response to industries which
have not adequately responded to previous enforcement actions.
This action requires prior notice to the industrial user
sufficient to avoid backflows, spills, or other harm to the
treatment facility. See example in Attachment F.
10
Ordinance No. 1117-7-92
7. Supplemental Actions
a. Public Notice - In accordance with 40 CFR 403.8(f)(2)(vii)
the City of Allen must annually publish a list of all
industrial users which significantly violated applicable
pretreatment standards requirements, during the calendar
year.
b. Increased Monitoring and Reporting - When an industrial
user has demonstrated a history of noncompliance, the City
may increase surveillance of that industry, including
additional self-monitoring and reporting.
11
Ordinance No. 1117-7-92
ENFORCEMENT RESPONSE GUIDE
The City's Enforcement Response Guide designates several
alternative enforcement options for each type or pattern of non-
compliance. Once a violation is identified, an appropriate enforcement
response action shall be selected from the short list of enforcement
options indicated by the table.
The following factors must be considered when selecting a response
action from the options listed:
• Good faith of the user
• Compliance history of the user
• Previous success of enforcement actions taken against the
particular user
• Violation's effect on the receiving water
• Violation's effect on the POTW
By weighing each of the above factors carefully, the appropriate
enforcement response action for the particular violation involved will
be selected by authorized City personnel.
The attached guide identifies types of violations, indicates
initial and follow-up responses, and designates personnel responsible
for administering each of these responses. The guide is used as
follows:
1. Locate the type on noncompliance in the first column and
identify the most accurate description of the violation.
2. Assess the appropriateness of the recommended response(s) in
column two. First offenders or users demonstrating good faith
efforts may merit a more lenient response. Similarly, repeat
offenders or those demonstrating negligence may require a more
stringent response.
3. Apply an applicable enforcement response from column three to
the industrial user. Specify corrective action or other
responses required of the industrial user, if any. The range
of responses in column three is arranged in an escalating
order. Column four indicates personnel responsible for
administering each response, also in escalating order.
12
Ordinance No. 1117-7-92
4. Follow-up with escalated enforcement action if the industrial
user's response is not received or violation continues.
Enforcement Escalation Plan
The City's Enforcement Escalation Plan is to be utilized to
determine which enforcement action is timely and appropriate, and to
apply consistency throughout our program.
The escalation plan is incorporated into the Enforcement Response
Guide under the Range of Response and Personnel headings, columns three
and four, respectively. Once the non-compliance and circumstances have
been identified in columns one and two, a range of responses (in column
three), arranged in escalating order, is available to the enforcement
agent. The personnel involved in the enforcement action (in column
four) are also arranged in the same escalating order.
Generally, the responses range from a Notice of Violation (NOV),
which is least severe, to the most severe response of sewer service
termination. If an industry fails to respond to the initial enforcement
action (from column three), or that industry continues to remain in
violation, then the next response would be enacted in an expeditious
manner, per the response time frames outlined below. This process could
continue to escalate to the termination of sewer service.
Time Frame for Responses
I. All self-monitoring reports are due on or before the fifteenth
of the month for the previous month's sampling. All self-
monitoring reports will be reviewed within one (1) working day
and violations will be identified and documented within five
(5) working days of the review. All other violations not
related to self-monitoring shall be identified and documented
within five (5) working days of receiving compliance
information.
2. Initial enforcement response, involving contact with the
industrial user and requesting information on corrective or
preventative action(s), will occur within 15 working days of
violation detection.
13
Ordinance No. 1117-7-92
3. Follow-up actions for continuing or recurring violations will
be taken within sixty (60) days of the initial enforcement
response. For all continuing violations, the response will
include a compliance schedule, if applicable.
4. Violations which threaten health, property or environmental
quality are considered emergencies and will receive immediate
responses such as halting the discharge or terminating
service.
5. All violations meeting the criteria for significant
noncompliance will be addressed with an enforceable order
within thirty (30) days of the identification of significant
non-compliance. At the end of each quarter of the
pretreatment year, the Pretreatment Inspector will evaluate
all monitoring data for each industrial user for the previous
six (6) months to determine compliance status.
14
Ordinance No. 1117-7-92
TABLE
NON-COMPLIANCE I CIRCUMSTANCES RANGE OF ENFORCEMENT RESPONSES* PERSONNEL
NON-COMPLIANCE DETECTED THROUGH INSPECTIONS OR PIBLD INVESTIGATIONS
NOV - Notice of Violation
AO - Administrative Order
CL - Civil Litigation
SCH - Show Cause Hearing
CP - Criminal Prosecution
PI - Pretreatment Inspector
EO - Environmental Officer
* Responses for each circumstance are arranged in escalating order
Minor violation of Permit
Isolated
or
infrequent with no
1.
NOV
A
conditions
evidence
of
negligence or intent
1.
PI,
EO
Frequent
or
continued with no
I.
A0, SCH
I.
evidence
of
negligence or intent
2.
CL
PI,
EO
3.
Terminate sewer service
2.
2.
EO
EO
B
Major violation of Permit
Isolated
or
infrequent with
1.
NOV AO
conditions
evidence
of
negligence or intent
or
1.
PI,
EO
Prequent
or
continued with
I.
A0, SCH
evidence
of
negligence or intent
2.
CL
1.
EO
3.
Request criminal investigation,
2.
3.
EO
EO
CP
4.
Terminate sewer service
4.
EO
C
Entry denial
Isolated
or
infrequent with no
1.
Phone call, NOV, or AO
evidence
of
negligence or intent
I.
PI,
EO
Frequent
or
evidence of intent
1.
Obtain search warrant
1.
EO
2.
CL and penalties
2.
EO
NOV - Notice of Violation
AO - Administrative Order
CL - Civil Litigation
SCH - Show Cause Hearing
CP - Criminal Prosecution
PI - Pretreatment Inspector
EO - Environmental Officer
* Responses for each circumstance are arranged in escalating order
N
01
I
I
t`
r -I
r -I
z°
U
ro
8
EFFLUENT LIMITS
Kniv46 OF ENFORCEMENT RESPONSES*
PERSONNE
A Exceeding effluent limits (locate,
Isolated
categorical or prohibited)
including final
or infrequent minor
violations (
pav°rageolimit
1. Phone call, NOV
and interim
limits maximum or the
forf the
1. PI, EO
each parameter multiplied by the
applicable TRC (40 CFR Part
403.8(f)(2)(vii))
Isolated or infrequent major
1.
NOV or AO
violations (> product of the daily 2. Increase
maximum
1• PI, EO
or the average limit for
each
sampling frequency
3, CL q Y
2. PI, EO
parameter multiplied by the
applicableTRC (40 CPR
3• EO
Part
403.8(f)(2)(vii)); unknown harm
effect. or
Frequent or continued violations;
unknown harm
1• AO
or effect.
2. SCH
1• PI, EO
3. CL
2. EO
4. Terminate sewer service
3• EO
4• EO
Known harm or effects to
I.
environment or POTW
CL
2. Request criminal investigation
I. EO
g
and recover costs
2• EO
B Reported slug load
3. Terminate sewer service
EO
Infrequent or isolated with.
1•
unknown harm or effects to
NOVNor AO
2 SCH
1. PI, EO
environment or POTw
• or CL
2. EO
Infrequent or isolated with known
harm
I. CL
or effects to environment or
POTW
2. Terminate
1• EO
sewer service
2. EO
Frequent or continued
1. A0, SCH
2. CL
1. PI, EO
C Discharge without a Permit
3. Terminate sewer service
2• EO
or
approval
Infrequent or isolated with
3. EO
unknown effects to POTWor
1• NOV or AO
environment
1. PI, EO
Known harm or effects to
environment or POTw; orfreq
frequent
2: AO
or continued violation
CL and Penalties
l• Pl, EO
3. Request criminal investigation
4. Terminate
2• EO
3. EO
sewer service
4• EO
0
CITY OF ALLEN
PRETREATMENT PROGRAM
ENFORCEMENT RESPONSE GUIDE
NON-COMPLIANCE CIRCUMSTANCES I RANGE OF ENFORCEMENT RESPONSES* PERSONNEL
SAMPLING, MONITORING AND REPORTING
A
Failure to sample, monitor,
Isolated or infrequent
1.
Phone call or NOV
1.
PI,
EO
report, or notify
(routine reports, BMRs)
IU does not respond to lettere,
1.
NOV
1.
PI,
EO
does not follow through on verbal
2.
AO or CL
2.
PI,
EO
or written agreement, or frequent
3.
Request criminal investigation
3.
EO
violations
4.
Terminate sewer service
4.
EO
B
Failure to notify of effluent
Isolated or infrequent with
1.
Phone call or NOV
1.
PI,
EO
limit violation or slug discharge
unknown harm or effects
2.
AO, CL
2.
PI,
EO
Frequent or continued violations
1.
AO, SCH, or CL
1.
PI,
EO
with unknown harm or effects
2.
Penalties
2.
EO
3.
Terminate sewer service
3.
EO
Known harm or effects to
1.
CL and penalties
1.
EO
environment or POTW
2.
Request criminal investigation
2.
EO
3.
Terminate sewer service
3.
EO
C
Minor sampling, monitoring, or
Isolated or infrequent
1.
Phone call or NOV. Corrections
1.
PI,
EO
reporting deficiencies
to be made on next submittal.
(computations or typographical
2.
AO or CL if continued
2.
EO
errors)
D
Reporting false information
Any instance
1.
SCH
1.
EO
2.
Request criminal investigation
2.
EO
3.
CL, penalties
3.
EO
4.
Terminate sewer service
4.
EO
E
Missed interim date
Will not cause late final date or
1.
NOV
1.
PI,
EO
(Compliance Schedule)
other interim dates
Will result in other missed
1.
NOV, AO or SCH
1.
PI,
EO
interim dates. Violation for good
or valid cause.
Will result in other missed
1.
NOV, AO or CL
1.
Pl,
EO
interim dates. No good or valid
cause.
P
Missed final date
Missed final milestone by less
1.
Contact permittee and require
1.
PI,
EO
(Compliance Schedule)
than 90 days
documentation of good or valid
2.
cause.
SCH
2.
EO
3.
Terminate sewer service
3.
EO
90 days or more outstanding.
1.
AO or CL
1.
PI,
EO
Failure or refusal to comply.
2.
Penalties
2.
EO
3.
Terminate sewer service
3.
EO
G
Failure to install monitoring
Continued
1.
AO to begin monitoring using
1.
PI,
EO
equipment
outside contracts, if
necessary, and install
equipment within 30 days.
2.
CL
2.
EO
3.
Terminate sewer service
3.
EO
Ordinance No. 1117-7-92
ATTACHMENT A
NOV
Ordinance No. 1117-7-92
EXAMPLE NOV
CITY OF ALLEN
IN THE MATTER OF §
(NAME OF INDUSTRY) § NOTICE OF VIOLATION
(ADDRESS) §
§
LEGAL AUTHORITY
The following findings are made and notice issued pursuant to the
authority vested in the Environmental Officer under the City of Allen
Ordinance #555-5555. This order is based on findings of violation of the
conditions of the wastewater discharge permit issued under the City of
Allen Ordinance 4555-5555.
FINDINGS
1. City of Allen is charged with construction, maintenance, and control
of the sewer system.
2. The North Texas Municipal Water District is charged with
construction, maintenance, and control of the treatment works.
3. To protect the sewer system and the treatment works, the City of
Allen administers a pretreatment program.
4. Under this pretreatment program, (Name of Industry) was issued a
discharge permit.
5. The discharge permit issued to (Name of Industry) contained numerical
limits on the quality of pollutants, which (Name of Industry) could
discharge and self-monitoring requirements.
6. On (Date), pollutant analysis revealed that the quantity of
(Pollutant) exceeded the permit limitation.
NOTICE
THEREFORE, BASED ON THE ABOVE FINDINGS, (NAME OF INDUSTRY) IS HEREBY
NOTIFIED THAT:
1. It is in violation of its discharge permit and sewer use ordinance of
the City of Allen.
Signed:
Environmental Officer
City of Allen
One Butler Circle
Allen, TX 75002
Issued this day of (Month), 19_
Ordinance No. 1117-7-92
ATTACHMENT B
CONSENT ORDER
Ordinance No. 1117-7-92
EXAMPLE CONSENT ORDER
CITY OF ALLEN
IN THE MATTER OF § Environmental Officer
§
(NAME OF INDUSTRY) § City of Allen
(ADDRESS) § One Butler Circle
§ Allen, TX 75002
CONSENT ORDER
WHEREAS, the City of Allen, pursuant to the powers, duties and
responsibilities vested in and imposed upon the Environmental Officer by
provisions of the City of Allen Ordinance #555-5555, have conducted an
ongoing investigation of (Industry) and have determined that:
1. The City of Allen is charged with construction, maintenance, and
control of the sewer system.
2. The North Texas Municipal Water District owns and operates the
wastewater treatment plant which is adversely impacted by discharges
from industrial users, including (Industry).
3. The City of Allen has implemented a pretreatment program to control
such discharges.
4. (Industry) has consistently violated the pollutant limits in its
wastewater discharge permit as set forth in Exhibit I, attached
hereto.
5. Therefore, to ensure that (Industry) is brought into compliance with
its permit limits at the earliest date possible, IT IS HEREBY AGREED
AND ORDERED, BETWEEN (INDUSTRY) AND THE ENVIRONMENTAL OFFICER FOR THE
CITY OF ALLEN, that (Industry) shall:
a. By (Date), obtain the services of a licensed professional engineer
specializing in wastewater treatment for the purpose of designing
a pretreatment system which will bring (Industry) into compliance
with its wastewater discharge permit.
b. By (Date), submit plans and specifications for the proposed
pretreatment system for the City to review.
C. By (Date), install the pretreatment system in accordance with the
above plans and specifications submitted in Item b above.
d. By (Date), achieve compliance with the limits set forth in Exhibit
I.
e. (Industry) shall pay $2,000.00 per day for each and every day it
fails to comply with the schedule set out in Items a through d
above. The $2,000.00 per day penalty shall be paid to the cashier
of the City of Allen within 5 days of being demanded by the City.
Ordinance No. 1117-7-92
6. In the event (Industry) fails to comply with any of the deadlines set
forth, (Industry) shall, within one (1) working day after expiration
of the deadline, notify the City in writing. This notice shall
describe the reasons for (Industry)'s failure to comply, the
additional amount of time needed to complete the remaining work, and
the steps to be taken to avoid future delays. This notification in
no way excuses (Industry) from its responsibilities to meet any later
milestones required by this Consent Order.
7. Compliance with the terms and conditions of this Consent Order shall
not be construed to relieve (Industry) of its obligation to comply
with its wastewater discharge permit which remains in full force and
effect. The City reserves the right to seek any and all remedies
available to it under the City of Allen Ordinance #555-5555 for any
violation cited by this order.
8. Violation of this Consent Order shall constitute a further violation
of the City of Allen Ordinance #555-5555 and subjects (Industry) to
all penalties described in that ordinance.
9. Nothing in this Consent Order shall be construed to limit any
authority of the City to issue any other orders or take any other
action which it deems necessary to protect the wastewater treatment
plant, the environment or the public health and safety.
FOR (INDUSTRY)
Date
FOR THE CITY OF ALLEN
Date
SIGNATORIES
Name
(Industry)
Name
Environmental Officer
One Butler Circle
Allen, TX 75002
Ordinance No. 1117-7-92
ATTACHMENT - C
SHOW CAUSE ORDER
IN THE MATTER OF
(NAME OF INDUSTRY)
(ADDRESS)
EXAMPLE SHOW CAUSE ORDER
CITY OF ALLEN
LEGAL AUTHORITY
Ordinance No. 1117-7-92
ADMINISTRATIVE
SHOW CAUSE ORDER
The following findings are made and notice issued pursuant to the
authority vested in the Environmental Officer under the City of Allen
Ordinance #555-5555. This order is based on findings of violation of the
conditions of the wastewater discharge permit issued under the City of
Allen Ordinance #555-5555.
FINDINGS
1. (Industry) discharges nondomestic wastewater containing pollutants
into the sanitary sewer system of the City of Allen.
2. (Industry) is a "significant industrial user" as defined by City of
Allen ordinance #555-5555.
3. (Industry) was issued a wastewater discharge permit on (date), which
contains prohibitions, restrictions, and other limitations on the
quality of the wastewater it discharges to the sewer system.
4. Pursuant to the ordinance and the above -reference permit, data is
routinely collected or submitted on the compliance schedule of
(Industry).
5. This data shows that (Industry) has violated its wastewater discharge
permit in the following manner:
a. (Industry) has violated its permit limits for (Parameter(s)) in
each of the samples collected between (Dates) and (Dates) for a
total of (number) separate violations of this permit.
b. (Industry) has failed to submit a periodic compliance report due
(date).
c. All of these violations satisfy the City's definition of
significant violation.
Ordinance No. 1117-7-92
ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (NAME OF INDUSTRY) IS HEREBY
ORDERED TO:
1. Appear at a meeting with the Environmental Officer to be held on
(date) at (time), in the (location).
2. At this meeting,(Industry) must demonstrate why the City should not
pursue a judicial enforcement action against (Industry) at this time.
3. This meeting will be closed to the public.
4. Representatives of (Indust-ry) may be accompanied by legal counsel if
they so choose.
5. Failure to comply with this order shall also constitute a further
violation of the City of Allen Ordinance #555-5555 and may subject
(Industry) to civil or criminal penalties or such other appropriate
enforcement response as may be appropriate.
6. This order, entered this _ date of (Month), 19_, shall be effective
upon receipt by (Industry).
Signed:
Environmental Officer
One Butler Circle
Allen, TX 75002
Ordinance No. 1117-7-92
ATTACHMENT D
COMPLIANCE ORDER
IN THE MATTER OF
(NAME OF INDUSTRY)
(ADDRESS)
EXAMPLE COMPLIANCE ORDER
CITY OF ALLEN
LEGAL AUTHORITY
Ordinance No. 1117-7-92
ADMINISTRATIVE
COMPLIANCE ORDER
The following findings are made and notice issued pursuant to the
authority vested in the Environmental Officer under the City of Allen
Ordinance #555-5555. This order is based on findings of violation of the
conditions of the wastewater discharge permit issued under the City of
Allen Ordinance 4555-5555.
FINDINGS
1. (Industry) discharges nondomestic wastewater containing pollutants
into the sanitary sewer system of the City of Allen.
2. (Industry) is a "significant industrial user" as defined by City of
Allen ordinance #555-5555.
3. (Industry) was issued a wastewater discharge permit on (date), which
contains prohibitions, restrictions, and other limitations on the
quality of the wastewater it discharges to the sewer system.
4. Pursuant to the ordinance and the above -reference permit, data is
routinely collected or submitted on the compliance schedule of
(Industry).
5. This data shows that (Industry) has violated its wastewater discharge
permit in the following manner:
a. (Industry) has violated its permit limits for (Parameter(s)) in
each of the samples collected between (Dates) and (Dates) for a
total of (number) separate violations of this permit.
b. (Industry) has failed to submit a periodic compliance report due
(date).
c. All of these violations satisfy the City's definition of
significant violation.
Ordinance No. 1117-7-92
ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (NAME OF INDUSTRY) IS HEREBY
ORDERED TO:
1. Within 180 days, install pretreatment technology which will
adequately treat (Industry)'s wastewater to a level which will comply
with its wastewater discharge permit.
2. Within 5 days, submit all periodic compliance reports due since
(date).
3. Within 10 days, pay to the cashier's office of the City of Allen, a
fine of $2,000.00 for the above-described violations in accordance
with City of Allen Ordinance #555-5555.
4. Report, on a monthly basis, the wastewater quality and the
corresponding flow and production information as described on Page
(#) of the wastewater discharge permit (No. ) for a period of
one year from the effective date of this order.
5. All reports and notices required by this order shall be sent, in
writing, to the following address
Environmental Officer
City of Allen
One Butler Circle
Allen, TX 75002
6. This order does not constitute a waiver of the wastewater discharge
permit which remains in full force and effect. The City of Allen
reserves the right to seek any and all remedies available to it under
City of Allen Ordinance 4555-5555 for any violation cited by this
order.
7. Failure to comply with the requirements of this order shall
constitute a further violation of the City of Allen Ordinance #555-
5555 and may subject (Industry) to civil or criminal penalties or
such other appropriate enforcement response as may be appropriate.
8. This order, entered this day of (Month), 19_, shall be effective
upon receipt by (Industry).
Signed•
Environmental Officer
City of Allen
One Butler Circle
Allen, TX 75002
Ordinance No. 1117-7-92
ATTACHMENT E
CEASE AND DESIST ORDER
IN THE MATTER OF
(NAME OF INDUSTRY)
(ADDRESS)
i
Ordinance No. 1117-7-92
EXAMPLE CEASE AND DESIST ORDER
CITY OF ALLEN
LEGAL AUTHORITY
CEASE AND DESIST ORDER
The following findings are made and notice issued pursuant to the
authority vested in the Environmental Officer under the City of Allen
Ordinance 4555-5555. This order is based on findings of violation of the
conditions of the wastewater discharge permit issued under the City of
Allen Ordinance 4555-5555.
FINDINGS
1. (Industry) discharges nondomestic wastewater containing pollutants
into the sanitary sewer system of the City of Allen.
2. (Industry) is a 'significant industrial user" as defined by the City
of Allen Ordinance #555-5555.
3. (Industry) was issued a wastewater discharge permit on (Date) which
contains prohibitions, restrictions, and other limitations on the
quality of the wastewater it discharges to the sanitary sewer,
4. Pursuant to the ordinance and the above -referenced permit, data is
routinely collected or submitted on the compliance status of
(Industry).
5. This data shows that (Industry) has violated the City of Allen
ordinance 4555-5555 in the following manner:
a. (Industry) has continuously violated its permit limits for
(Parameter(s)) in each sample collected between (Date) and (Date).
b. (Industry) has also failed to comply with an administrative
compliance order requiring the installation of a pretreatment
system and the achievement of compliance with its permit limits by
(date).
c. (Industry) has failed to appear at a show cause hearing pursuant
to an order requiring said attendance.
Ordinance No. 1117-7-92
ORDER
THEREFORE, BASED ON THE ABOVE FINDINGS, (NAME OF INDUSTRY) IS HEREBY
ORDERED TO:
1. Within 24 hours of receiving this order, cease all nondomestic
discharges into the City's sanitary sewer. Such discharges shall not
recommence until such time as (Industry) is able to demonstrate that
it will comply with its current permit limits.
2. Failure to comply with this order may subject (Industry) to having
its connection to the sanitary sewer sealed by the City, and assessed
the costs therefore.
3. Failure to comply with this order shall also constitute a further
violation of the City of Allen Ordinance 4555-5555 and may subject
(Industry) to civil or criminal penalties or such other enforcement
response as may be appropriate.
4. This order, entered this day of (Month), 19_, shall be effective
upon receipt by the (Industry).
Signed:
Environmental Officer
City of Allen
One Butler Circle
Allen, TX 75002
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published
in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general
circulation in said county, and having been published regularly and continously for more
than twelve (12) months prior to publishing
///I
Ordinance IPS 7-92
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Wednesday July 22;1992 & Sunday July 26; 1992
and which was issued on J u 1 y 22, 1992 ,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this day of
F
V.A. TODD
:• MY COWMI9SION E%PIIIEB
16
'tV 5,159 =
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
D. 190
Publisher's fee $ 38.26
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
July 16, 1992 (Title and Penalty Clause
only) -
Ordinance No. 1117-7-92: An Ordinance
of the City of Allen, Collin County, Texas;
Amending Ordinance No. 539-8-84, Utili-
ties, Providing Regulations for the Dis-
posal of Sewage and the Use of Public
Sewers; Regulating the Discharge of In-
dustrial Wastes into the Sanitary Sewer of
the City; Regulating Unsewered and Mis-
cellaneous Discharges, Providing for a
Permit System with Denial, Suspension,
Revocation and an Appeals Process; Pro-
viding a Penalty Clause, a Repealing
Clause, a Severability Clause, and an Ef=
fective Date.
Any person, operator, or owner who shall
violate any of this ordinance, or who shall
fail to comply with any provision hereof,
shall be quilty of a misdemeanor and, upon
conviction, shall be subject to a fine not to
exceed the sum of Two Thousand Dollars
($2,000.00), and each day a violation ex,
ists shall constitute a separate offense and
shall be punished accordingly.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/Judy Morrison
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
July 16, 1992 (Title and -Penalty Clause
only):
Ordinance No. 1117-7-92: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Ordinance No. 539-8-84, Utili-
ties, Providing Regulations for the Dis-
posal of Sewage and the Use of Public
Sewers; Regulating the Discharge of In-
dustrial Wastes into the Sanitary Sewer of
the City; Regulating Unsewered and Mis-
cellaneous Discharges; Providing for a
Permit System with Denial, Suspension,
Revocation and an Appeals Process; Pro-
viding a Penalty Clause, a Repealing
Clause, a Severability Clause, and an Ef-
fective Date
Any person, operator, or owner who shall
violate any of this ordinance, or who shall
fad to comply with any provision hereof,
shall be qudty of a misdemeanor and, upon
conviction, shall be subject to a fine not to
exceed the sum of Two Thousand Dollars
($2,000.00), and each day a violation ex-
ists shall constitute a separate offense and
shall be punished accordingly.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002
/s/Judy Morrison
City Secretary