HomeMy WebLinkAboutOrdinances (O-03-1393)-03/18/2003
ORDINANCE 0-03-1393
AN ORDINANCE REPLACING ORDINANCE 0-71-24 AND ORDINANCE 0-83-493
AND APPROVING TO SET FORTH UNIFORM REQUIREMENTS FOR USERS OF
THE PUBLICLY OWNED TREATMENT WORKS (POWTs) FOR THE CITY OF
COLLEYVILLE ENABLING COLLEYVILLE TO COMPLY WITH ALL APPLICABLE
STATE AND FEDERAL LAWS
SECTION 1 - GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for users of the Publicly Owned
Treatment Works for the City of Colleyville and enables Colleyville to comply with all
applicable State and Federal laws, including the Clean Water Act (33 United States
Code ~ 1251 et seq.) and the General Pretreatment Regulations (40 Code of
Federal Regulations Part 403). The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will interfere with its operation;
B. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will pass through the Publicly Owned Treatment Works,
inadequately treated, into receiving waters, or otherwise be incompatible with
the Publicly Owned Treatment Works;
C. To protect both Publicly Owned Treatment Works personnel who may be
affected by wastewater and sludge in the course of their employment and the
general public;
D. To promote reuse and recycling of industrial wastewater and sludge from the
Publicly Owned Treatment Works;
E. To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the Publicly Owned Treatment Works; and
F. To enable the Control Authority to comply with its National Pollutant
Discharge Elimination System permit conditions, sludge use and disposal
requirements, and any other Federal or State laws to which the Publicly
Owned Treatment Works is subject.
Ordinance 0-03-1393
Page 2 of 49
This ordinance shall apply to all users of the Publicly Owned Treatment Works.
The ordinance authorizes the issuance of wastewater discharge permits; provides
for monitoring, compliance, and enforcement activities; establishes administrative
review procedures; requires user reporting; and provides for the setting of fees for
the equitable distribution of costs resulting from the program established herein.
1.2 Administration
Except as otherwise provided herein, the Utility Superintendent or his designee
shall administer, implement, and enforce the provisions of this ordinance. Any
powers granted to or duties imposed upon the Utility Superintendent or his
designee may be delegated by the Utility Superintendent or his designee to other
City of Colleyville personnel.
1.3 Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated
meanings:
BOD
Biochemical Oxygen Demand
CFR
Code of Federal Regulations
COD
Chemical Oxygen Demand
EPA
U.S. Environmental Protection Agency
GPO
gallons per day
mg/l
milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIC
Standard Industrial Classification
Ordinance 0-03-1393
Page 3 of 49
SIU
Significant Industrial User
TCEQ
Texas Commission on Environmental Quality
TPDES
Texas Pollutant Discharge Elimination System
TRA
Trinity River Authority
TSS
Total Suspended Solids
TTO
Total Toxic Organics
U.S.C.
United States Code
1.4 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as
used in this ordinance, shall have the meanings hereinafter designated.
A. Act or "the Act." The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. S 1251 et seq.
B. Approval Authority. The Regional Administrator of EPA or the Director of a
state agency delegated to act on EPA's behalf with an approved pretreatment
program (e.g. Director of TCEQ).
C. Authorized Representative of the User.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for
the corporation; or
(b) The manager of one or more manufacturing, production, or operation
facilities employing more than two hundred fifty (250) persons or
having gross annual sales or expenditures exceeding twenty-five (25)
million dollars (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in
accordance with corporate procedures.
Ordinance 0-03-1393
Page 4 of 49
(2) If the user is a partnership or sole proprietorship: a general partner or
proprietor, respectively.
(3) If the user is a Federal, State, or local governmental facility: a director or
highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may
designate another authorized representative if the authorization is in
writing, the authorizatiorr specifies the individual or position responsible
for the overall operation of the facility from which the discharge originates
or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the City of
Colleyville.
O. Biochemical Oxyqen Demand or BOD. The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures
for five (5) days at 20 centigrade, usually expressed as a concentration
(e.g., mg/I).
E. Cateqorical Pretreatment Standard or Cateqorical Standard. Any regulation
containing pollutant discharge limits promulgated by EPA in accordance with
Sections 307(b) and (c) of the Act (33 U.S.C. 9 1317) which apply to a
specific category of users and which appear in 40 CFR Chapter I, Subchapter
N, Parts 405-471.
F. City. The City of Colleyville or the City Council of Colleyville, Contracting
Party of the Trinity River Authority's Central Regional Wastewater System.
G. Composite Sample. A sample that is collected over time, formed either by
continuous sampling or by mixing discrete samples. The sample may be
composited either as a time composite sample: composed of discrete sample
aliquots collected at constant time intervals providing a sample irrespective of
stream flow; or as a flow proportional composite sample: collected either as a
constant sample volume at time intervals proportional to flow, or collected by
increasing the volume of each aliquot as the flow increases while maintaining
a constant time interval between the aliquots.
H. Control Authority. Trinity River Authority of Texas as holder of the
NPoES permit.
Ordinance 0-03-1393
Page 5 of 49
I. Environmental Protection Aqency or EPA. The U.S. Environmental Protection
Agency or, where appropriate, the Regional Water Management Division
Director, or other duly authorized official of said agency.
J. Existinq Source. Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if the
standard is thereafter promulgated in accordance with Section 307 of the Act.
K. Grab Sample. A sample that is taken from a wastestream without regard to
the flow in the wastestream and over a period of time not to exceed fifteen
(15) minutes.
L. Indirect Discharqe or Discharqe. The introduction of pollutants into the
POTW from any non~domestic source regulated under Section 307(b), (c), or
(d) of the Act.
M. Industrial User. An industry that discharges wastewater into the wastewater
system.
N. Instantaneous Maximum Allowable Discharqe Limit. The maximum
concentration of a pollutant allowed to be discharged at any time, determined
from the analysis of any discrete or composited sample collected,
independent of the industrial flow rate and the duration of the sampling event.
O. Interference. A discharge, which alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal; and
therefore, is a cause of a violation of the Control Authority's NPDES permit or
of the prevention of sewage sludge use or disposal in compliance with any of
the following statutory/regulatory provisions or permits issued thereunder, or
any more stringent State or local regulations: Section 405 of the Act; the Solid
Waste Disposal Act, including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); 40 CFR 503 sludge regulations; any
State regulations contained in any State sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312; the
Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
P. Medical Waste. Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
Ordinance 0-03-1393
Page 6 of 49
surgic:al wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Q. NPDES (National Pollutant Discharqe Elimination System). National Pollutant
Discharge Elimination System permit program of the Environmental
Protection Agency, and/or the permit program of the state agency delegated
to act on EPA's behalf with an approved pretreatment program (e.g. TPDES
or Texas Pollutant Discharge Elimination System).
R. New Source.
(1) Any building, structure, facility, or installation from which there is (or may
be) a discharge of pollutants, the construction of which commenced after
the publication of proposed pretreatment standards under Section 307(c)
of the Act which will be applicable to such source if such standards are
thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site
at which no other source is located; or
(b) The building, structure, facility, or installation totally replaces the
process or production equipment that causes the discharge of
pollutants at an existing source; or
(c) The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the
new facility is integrated with the existing plant, and the extent to
which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create
a new building, structure, facility, or installation meeting the criteria of
Section (1 )(b) or (c) above but otherwise alters, replaces, or adds to
existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
Ordinance 0-03-1393
Page 7 of 49
(a) Begun, or caused to begin, as part of a continuous onsite
construction program
(i) any placement, assembly, or installation of facilities or equipment;
or
(ii) significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new
source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of
facilities or equipment, which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which
can be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute a
contractual obligation under this paragraph.
S. Noncontact CoolinQ Water. Water used for cooling which does not come into
direct contact with any raw material, intermediate product, waste product, or
finished product.
T. Normal Wastewater. Wastewater which the average concentration of
suspended solids and five-day BOD does not exceed 250 mg/I each.
U. Pass Throuqh. A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the Control Authority's NPDES permit, including an increase in
the magnitude or duration of a violation.
V. Person. Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives, agents, or
assigns. This definition includes all Federal, State, and local governmental
entities.
W. Q!j. A measure of the acidity or alkalinity of a solution, expressed in standard
units.
X. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
Ordinance 0-03-1393
Page 8 of 49
wastes, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, municipal, agricultural and industrial
wastes, and certain characteristics of wastewater (e.g., pH, temperature,
TSS, turbidity, color, BOD, COD, toxicity, or odor).
Y. Pretreatment. The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater
prior to, or in lieu of, introducing such pollutants into the POTW. This
reduction or alteration can be obtained by physical, chemical, or biological
processes; by process changes; or by other means, except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment
standard.
Z. Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment imposed on a user, other than a pretreatment
standard.
AA. Pretreatment Standards or Standards. Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards, and local
limits.
BB. Prohibited Oischarqe Standards or Prohibited Oischarqes. Absolute
prohibitions against the discharge of certain substances; these prohibitions
appear in Section 2.1 of this ordinance.
CC. Publiclv Owned Treatment Works or POTW. A "treatment works," as defined
by Section 212 of the Act (33 U.S.C. S1292) which is owned by the City
and/or the Control Authority. This definition includes any devices or systems
used in the collection, storage, treatment, recycling, and reclamation of
sewage or industrial wastes of a liquid nature and any conveyances which
convey wastewater to a treatment plant.
DO. Septic Tank Waste. Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
EE. Sewaqe. Human excrement and gray water (household showers,
dishwashing operations, etc.).
FF. Shall is mandatory; Mav is permissive.
GG. Siqnificant Industrial User.
Ordinance 0-03-1393
Page 9 of 49
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of twenty-five thousand (25,000) gpd or more
of process wastewater to the POTW (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
(c) Is designated as such by the City on the basis that it has a
reasonable potential for adversely affecting the POTW's operation or
for violating any pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in Subsection (2) has no
reasonable potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement, the City may at any
time, on its own initiative or in response to a petition received from a
user, and in accordance with procedures in 40 CFR 403.8(f)(6),
determine that such user should not be considered a significant industrial
user.
HH. SluQ Load or SluQ. Any discharge at a flow rate or concentration, which could
cause a violation of the prohibited discharge standards in Section 2.1 of this
ordinance.
II. Standard Industrial Classification (SIC) Code. A classification pursuant to the
Standard Industrial Classification Manual issued by the United States Office
of Management and Budget.
JJ. Storm Water. Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
KK. Utility Superintendent. The person designated by the City who is charged
with certain duties and responsibilities by this ordinance, or a duly authorized
representative.
Ordinance 0-03-1393
Page 10 of 49
LL. Suspended Solids. The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which is removable
by laboratory filtering.
MM. Total Toxic Oraanics. The sum of the masses or concentration of the toxic
organic compounds listed in 40 CFR 122 Appendix 0, Table II, excluding
pesticides, found in industrial users' discharge at a concentration greater than
0.01 mg/L. Only those parameters reasonably suspected to be present, at the
discretion of the Utility Superintendent or his designee, if any, shall be
analyzed for with non-categorical industries. With Categorical industries,
TTOs will be sampled for as stipulated in the particular category or those
parameters reasonably suspected to be present, at the discretion of the Utility
Superintendent or his designee, where not stipulated.
NN. User or Industrial User. A source of indirect discharge.
00. Wastewater. Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which are contributed
to the POTW.
PP. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW,
which is designed to provide treatment of municipal sewage and industrial
waste.
SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
A. General Prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater, which causes pass through or
interference. These general prohibitions apply to all users of the POTW
whether or not they are subject to categorical pretreatment standards or any
other National, State, or local pretreatment standards or requirements.
Ordinance 0-03-1393
Page 11 of 49
B. Specific Prohibitions. No user shall introduce or cause to be introduced into
the POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW,
including, but not limited to, wastestreams with a closed-cup flashpoint of
less than 1400F (600C) using the test methods specified in 40 CFR
261.21 ;
(2) Wastewater having corrosive properties capable of causing damage or
injury to structures, equipment and/or personnel of the POTW, as per the
specific prohibition in the applicable local limits in Section 2.4. In no
case shall wastewater containing a pH less than 5.0 be discharged
unless the works is specifically designated to accommodate such
discharges;
(3) Solid or viscous substances in amounts which will cause obstruction of
the flow in the POTW resulting in interference, blockage, or damage to
the POTW.
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and/or pollutant concentration which, either
singly or by interaction with other pollutants, will cause interference with
the POTW;
(5) Wastewater having a temperature greater than 1500F (650C), or which
will inhibit biological activity in the treatment plant resulting in
interference, but in no case wastewater which causes the temperature at
the introduction into the treatment plant to exceed 104 of (400C);
(6) Petroleum oil, non-biodegradable cutting oil or products of mineral oil
origin, in amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and
safety problems;
(8) Trucked or hauled pollutants, except at discharge points designated by
the Utility Superintendent or his designee and the Control Authority in
accordance with Section 3.4 of this ordinance;
Ordinance 0-03-1393
Page 12 of 49
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a
public nuisance or a hazard to life, or to prevent entry into the sewers for
maintenance or repair;
(10) Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating the applicable NPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State or Federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, and unpolluted wastewater, unless
specifically authorized by the Utility Superintendent or his designee and
the Control Authority;
(13) Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(14) Medical wastes, except as specifically authorized by the Utility
Superintendent or his designee and/or the Control Authority in a
wastewater discharge permit;
(15) Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may cause
excessive foaming in the POTW;
(17) Fats, oils, or greases of animal or vegetable ongln in concentrations
greater than that specified in the applicable local limits in Section 2.4;
(18) A discharge of water, normal domestic wastewater, or industrial waste
that which in quantity of flow exceeds, for a duration of longer than fifteen
minutes, more than four times the average twenty four hour flow during
normal operations of the industry;
(19) Insecticides and herbicides in concentrations that are not amenable to
treatment;
Ordinance 0-03-1393
Page 13 of 49
(20) Polychlorinated biphenyls;
(21) Garbage that is not properly shredded to such an extent that all particles
will be carried freely under the flow conditions normally prevailing in
wastewater mains, with no particle having greater than one-half (1/2")
inch cross-sectional dimension;
(22) Wastewater or industrial waste generated or produced outside the City,
unless approval in writing from the Utility Superintendent or his designee
and the Control Authority has been given to the person discharging the
waste; or,
(23) Without the approval of the Utility Superintendent or his designee and
the Control Authority, a substance or pollutant other than industrial
waste, normal domestic wastewater, septic tank waste or chemical toilet
waste that is of a toxic or hazardous nature, regardless of whether or not
it is amenable to treatment, including but not limited to bulk or packaged
chemical products.
Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the POTW.
2.2 National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N,
Parts 405-471 are hereby incorporated.
A. Where a categorical pretreatment standard is expressed only in terms of
either the mass or the concentration of a pollutant in wastewater, The Utility
Superintendent or his designee may impose equivalent concentration or mass
limits in accordance with 40 CFR 403.6(c).
B. When wastewater subject to a categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, The Utility
Superintendent or his designee shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
C. A user may obtain a variance from a categorical pretreatment standard if the
user can prove, pursuant to the procedural and substantive provisions in 40
CFR 403.13, that factors relating to its discharge are fundamentally different
Ordinance 0-03-1393
Page 14 of 49
from the factors considered by EPA when developing the categorical
pretreatment standard.
D. A user may obtain a net gross adjustment to a categorical standard in
accordance with 40 CFR 403.15.
2.3 Reserved
2.4 Local Limits
The following pollutant limits are established to protect against pass through and
interference. No person shall discharge or cause or permit to be discharged,
wastewater containing in excess of the following instantaneous maximum
allowable discharge limits into the TRA Central Regional Wastewater System:
0.2 mg/I arsenic
jLLmg/1 cadmium
2jLmg/1 chromium
~mg/l copper
~mg/I cyanide
~mg/llead
0.0004 mg/I mercury
~mg/I Molybdenum
~mg/I nickel
200 mg/I oil and grease
jLLmg/1 selenium
JULmg/1 silver
~mg/I zinc
Ordinance 0-03-1393
Page 15 of 49
2.13 mg/I TIO
5.5 :S pH :S 11.0
The above limits apply at the point where the wastewater is discharged to the
POTW. All concentrations for metallic substances are for "total" metal unless
indicated otherwise. The Utility Superintendent or his designee may impose mass
limitations in addition to, or in place of, the concentration-based limitations above.
2.5 The City of Colleyville's Right of Revision
The City of Colleyville reserves the right to establish, by ordinance or in wastewater
discharge permits, more stringent standards or requirements on discharges to the
POTW.
2.6 Dilution
No user shall ever increase the use of process water, or in any way attempt to
dilute a discharge, as a partial or complete substitute for adequate treatment to
achieve compliance with a discharge limitation unless expressly authorized by an
applicable pretreatment standard or requirement. The Utility Superintendent or his
designee may impose mass limitations on users who are using dilution to meet
applicable pretreatment standards or requirements, or in other cases when the
imposition of mass limitations is appropriate.
2.7 Plant Loading
No industry shall discharge wastewater containing a BOD or TSS loading that
causes the City's pro-rata share of the total BOD or TSS loading to the POTW
System to exceed the City's pro-rata share of the total flow to the POTW System.
(Example: If the City contributes 25% of the total wastewater flow to the System,
the City's cumulative BOD or TSS loading to the System, as measured at the City's
points of entry to the System, shall not exceed 25% of the total BOD or TSS
loading to the System.)
Any industry with a wastewater strength that. will cause the City's cumulative
wastewater loading, at the City's points of entry, to exceed the City's pro-rata share
of the total wastewater loading based upon flow, shall be required to install
pretreatment facilities to reduce its wastewater strength to an acceptable level.
Ordinance 0-03-1393
Page 16 of 49
SECTION 3 - PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this
ordinance and shall achieve compliance with all categorical pretreatment
standards, local limits, and the prohibitions set out in Section 2.1 of this ordinance
within the time limitations specified by EPA, the State, the Control Authority, or the
Utility Superintendent or his designee, whichever is more stringent. Any facilities
necessary for compliance shall be provided, operated, and maintained at the
user's expense. Detailed plans describing such facilities and operating procedures
shall be submitted to the Utility Superintendent or his designee for review, and
shall be acceptable to the Utility Superintendent or his designee before such
facilities are constructed. The review of such plans and operating procedures shall
in no way relieve the user from the responsibility of modifying such facilities as
necessary to produce a discharge acceptable to The City of Colleyville under the
provisions of this ordinance.
3.2 Additional Pretreatment Measures
A. Whenever deemed necessary, the Utility Superintendent or his designee may
require users to restrict their discharge during peak flow periods, designate
that certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams from
industrial wastestreams, and require such other conditions as may be
necessary to protect the POTW and determine the user's compliance with the
requirements of this ordinance.
B. The Utility Superintendent or his designee may require any person
discharging into the POTW to install and maintain, on their property and at
their expense, a suitable storage and flow-control facility to ensure
equalization of flow. A wastewater discharge permit may be issued solely for
flow equalization.
C. Grease, oil, and sand interceptors shall be provided when, in the opinion of
the Utility Superintendent or his designee, they are necessary for the proper
handling of wastewater containing excessive amounts of grease and oil, or
sand; except that such interceptors shall not be required for residential users.
All interception units shall be of type and capacity approved by the Utility
Superintendent or his designee and shall be so located to be easily
Ordinance 0-03-1393
Page 17 of 49
accessible for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired regularly, as needed, by the user at their expense.
D. Users with the potential to discharge flammable substances may be required
to install and maintain an approved combustible gas detection meter, or other
control device as deemed necessary by the Utility Superintendent or his
designee.
3.3 Accidental Discharge/Slug Control Plans
At least once every two- (2) years, the Utility Superintendent or his designee shall
evaluate whether each permitted significant industrial user needs an accidental
discharge/slug control plan. The Utility Superintendent or his designee may
require any user to develop, submit for approval, and implement such a plan. An
accidental discharge/slug control plan shall address, at a minimum, the following:
A. Description of discharge practices, including non-routine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Utility Superintendent or his
designee and Control Authority of any accidental or slug discharge, as
required by Section 6.6 of this ordinance; and
D. Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance
of storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic pollutants,
including solvents, and/or measures and equipment for emergency response.
Ordinance 0-03-1393
Page 18 of 49
3.4 Hauled Wastewater
A. Septage waste may be introduced into the POTW only at locations
designated by the Utility Superintendent or his designee and Control
Authority, and at such times as are established by the Utility Superintendent
or his designee and Control Authority. Such waste shall not violate Section 2
of this ordinance or any other requirements established by The City of
Colleyville. The Utility Superintendent or his designee and/or Control
Authority may require septic tank waste haulers to obtain wastewater
discharge permits.
B. Septage waste haulers must provide a waste-tracking form for every load.
This form shall include, at a minimum, the name and address of the waste
hauler, permit number, truck identification, names and addresses of sources
of waste, and volume and characteristics of waste. The form shall identify the
type of generator, known or suspected waste constituents, and whether any
wastes are RCRA hazardous wastes.
SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION
4.1 Wastewater Analysis
When requested by the Utility Superintendent or his designee, a user must submit
information on the nature and characteristics of its wastewater by the deadline
stipulated. The Utility Superintendent or his designee is authorized to prepare a
form for this purpose and may periodically require users to update this information.
4.2 Wastewater Discharge Permit Requirement
A. No significant industrial user shall discharge wastewater into the POTW
without first obtaining a wastewater discharge permit from the Utility
Superintendent or his designee, except that a significant industrial user that
has filed a timely application pursuant to Section 4.3 of this ordinance may
continue to discharge for the time period specified therein.
B. The Utility Superintendent or his designee may require other users to obtain
wastewater discharge permits as necessary to carry out the purposes of this
ordinance.
Ordinance 0-03-1393
Page 19 of 49
C. Any violation of the terms and conditions of a wastewater discharge permit
shall be deemed a violation of this ordinance and subjects the wastewater
discharge permittee to the sanctions set out in Sections 09 through 12 of this
ordinance. Obtaining a wastewater discharge permit does not relieve a
permittee of its obligation to comply with all Federal and State pretreatment
standards or requirements with any other requirements of Federal, State, and
local law.
4.3 Wastewater Discharge Permitting: Existing Connections
Any user required to obtain a wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of this ordinance and who
wishes to continue such discharges in the future, shall, apply to the Utility
Superintendent or his designee for a wastewater discharge permit in accordance
with Section 4.5 of this ordinance, and shall not cause or allow discharges to the
POTW to continue after ninety (90) days of the effective date of this ordinance
except in accordance with a wastewater discharge permit issued by the Utility
Superintendent or his designee. If, in the Utility Superintendent or his designee's
judgment, the passing of the Ordinance does not significantly affect the Industrial
Users current permit, then the existing permit will continue through to the
expiration date.
4.4 Wastewater Discharge Permitting: New Connections
Any user required to obtain a wastewater discharge permit who proposes to begin
or recommence discharging into the POTW must obtain such permit prior to the
beginning or recommencing of such discharge. An application for this wastewater
discharge permit, in accordance with Section 4.5 of this ordinance, must be filed
prior to the date upon which any discharge will begin or recommence.
4.5 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit a permit
application. The Utility Superintendent or his designee may require all users to
submit as part of an application the following information:
A. All information required by Section 6.1 (8) of this ordinance;
Ordinance 0-03-1393
Page 20 of 49
B. Description of activities, facilities, and plant processes on the premises,
including a list of all raw materials and chemicals used or stored at the facility
which are, or could accidentally or intentionally be, discharged to the POTW;
C. Number and type of employees, hours of operation, and proposed or actual
hours of operation;
D. Each product produced by type, amount, process or processes, and rate of
production;
E. Type and amount of raw materials processed (average and maximum per
day);
F. Site plans, floor plans, mechanical and plumbing plans, and details to show
all sewers, floor drains, and appurtenances by size, location, and elevation,
and all points of discharge;
G. Time and duration of discharges; and
H. Any other information as may be deemed necessary by the Utility
Superintendent or his designee to evaluate the wastewater discharge permit
application.
Incomplete or inaccurate applications will not be processed and will be returned to
the user for revision.
4.6 Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by
an authorized representative of the user and contain the following certification
statement:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
Ordinance 0-03-1393
Page 21 of 49
4.7 Wastewater Discharge Permit Decisions
The Utility Superintendent or his designee will evaluate the data furnished by the
user and may require additional information. Within sixty (60) days of receipt of a
complete wastewater discharge permit application, the Utility Superintendent or his
designee will determine whether or not to issue a wastewater discharge permit.
The Utility Superintendent or his designee may deny any application for a
wastewater discharge permit.
SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5.1 Wastewater Discharge Permit Duration
A wastewater discharge permit shall be issued for a specified time period, not to
exceed five (5) years from the effective date of the permit. A wastewater discharge
permit may be issued for a period less than five (5) years, at the discretion of the
Utility Superintendent or his designee. Each wastewater discharge permit will
indicate a specific date upon which it will expire.
5.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed
reasonably necessary by the Utility Superintendent or his designee to prevent pass
through or interference, protect the quality of the water body receiving the
treatment plant's effluent, protect worker health and safety, facilitate sludge
management and disposal, and protect against damage to the POTW.
A. Wastewater discharge permits must contain:
(1) A statement that indicates wastewater discharge permit duration, which
in no event shall exceed five (5) years;
(2) A statement that the wastewater discharge permit is nontransferable
without prior notification to the City in accordance with Section 5.5 of this
ordinance, and provisions for furnishing the new owner or operator with a
copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable pretreatment standards;
Ordinance 0-03-1393
Page 22 of 49
(4) Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency, and
sample type based on Federal, State, and local law; and
(5) A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements, and any applicable
compliance schedule. Such schedule may not extend the time for
compliance beyond that required by applicable Federal, State, or local
law.
B. Wastewater discharge permits may contain, but need not be limited to, the
following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the
treatment works;
(3) Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
(7) A statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all
applicable Federal and State pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit; and
Ordinance 0-03-1393
Page 23 of 49
(8) Other conditions as deemed appropriate by the Utility Superintendent or
his designee to ensure compliance with this ordinance, and State and
Federal laws, rules, and regulations.
5.3 Reserved.
5.4 Wastewater Discharge Permit Modification
The Utility Superintendent or his designee may modify a wastewater discharge
permit for good cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local pretreatment
standards or requirements;
B. To address significant alterations or additions to the user's operation,
processes, or wastewater volume or character since the time of wastewater
discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to POTW,
POTW personnel, or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required reporting;
G. Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater discharge permit;
or
I. To reflect a transfer of the facility ownership or operation to a new owner or
operator.
Ordinance 0-03-1393
Page 24 of 49
5.5 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be transferred to a new owner or operator only
if the permittee gives advance notice to the Utility Superintendent or his designee
and the Utility Superintendent or his designee approves the wastewater discharge
permit transfer. The notice to the Utility Superintendent or his designee must
include a written certification by the new owner or operator which:
A. States that the new owner and/or operator has no immediate intent to change
the facility's operations and processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing wastewater
discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge
permit void as of the date of facility transfer.
5.6 Wastewater Discharge Permit Revocation
The Utility Superintendent or his designee may revoke a wastewater discharge
permit for good cause, including, but not limited to, the following reasons:
A. Failure to notify the Utility Superintendent or his designee of significant
changes to the wastewater prior to the changed discharge;
B. Failure to provide prior notification to the Utility Superintendent or his
designee of changed conditions pursuant to Section 6.5 of this ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application;
D. Falsifying self-monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the Utility Superintendent or his designee timely access to
the facility premises and records;
Ordinance 0-03-1393
Page 25 of 49
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater surveyor the wastewater discharge permit
application;
L. Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
M. Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this ordinance.
Wastewater discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All wastewater discharge permits issued to a
particular user are void upon the issuance of a new wastewater discharge permit to
that user.
5.7 Wastewater Discharge Permit Reissuance
A user with an expiring wastewater discharge permit shall apply for wastewater
discharge permit reissuance by submitting a complete permit application, in
accordance with Section 4.5 of this ordinance, prior to the expiration of the user's
existing wastewater discharge permit.
Ordinance 0-03-1393
Page 26 of 49
SECTION 6 - REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a
category determination under 40 CFR 403.6(a)(4), whichever is later, existing
categorical users currently discharging to or scheduled to discharge to the
POTW shall submit to the Utility Superintendent or his designee a report
which contains the information listed in paragraph B, below. At least ninety
(90) days prior to commencement of their discharge, new sources, and
sources that will become categorical users subsequent to the promulgation of
an applicable categorical standard, shall submit to the Utility Superintendent
or his designee a report which contains the information listed in paragraph B,
below. A new source shall report the method of pretreatment it intends to use
to meet applicable categorical standards. A new source also shall give
estimates of its anticipated flow and quantity of pollutants to be discharged.
B. Users described above shall submit the information set forth below.
(1) Identifvinq Information. The name and address of the facility, including
the name of the operator and owner.
(2) Environmental Permits. A list of any environmental control permits held
by or for the facility.
(3) Description of Operations. A brief description of the nature, average rate
of production, and standard industrial classifications of the operation(s)
carried out by such user. This description should include a schematic
process diagram, which indicates points of discharge to the POTW from
the regulated processes.
(4) Flow Measurement. Information showing the measured or estimated
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined wastestream formula set out in 40 CFR
403.6(e).
(5) Measurement of Pollutants.
(a) The categorical pretreatment standards applicable to each regulated
process.
Ordinance 0-03-1393
Page 27 of 49
(b) The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the
Utility Superintendent or his designee, of regulated pollutants in the
discharge from each regulated process. Instantaneous, daily
maximum, and long-term average concentrations, or mass, where
required, shall be reported. The sample shall be representative of
daily operations and shall be analyzed in accordance with
procedures set out in Section 6.10 of this ordinance.
(c) Sampling must be performed in accordance with procedures set out
in Section 6.11 of this ordinance.
(6) Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M) and/or
additional pretreatment is required to meet the pretreatment standards
and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule by
which the user will provide such additional pretreatment and/or O&M.
The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. A
compliance schedule pursuant to this section must meet the
requirements set out in Section 6.2 of this ordinance.
(8) Sianature and Certification. All baseline monitoring reports must be
signed and certified in accordance with Section 4.6 of this ordinance.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by
Section 6.1 (8)(7) of this ordinance:
A. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the
applicable pretreatment standards (such events include, but are not limited to,
hiring an engineer, completing preliminary and final plans, executing contracts
for major components, commencing and completing construction, and
beginning and conducting routine operation);
Ordinance 0-03-1393
Page 28 of 49
B. No increment referred to above shall exceed nine (9) months;
C. The user shall submit a progress report to the Utility Superintendent or his
designee no later than fourteen (14) days following each date in the schedule
and the final date of compliance including, as a minimum, whether or not it
complied with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule; and
D. In no event shall more than nine- (9) months elapse between such progress
reports to the Utility Superintendent or his designee.
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance with applicable
categorical pretreatment standards, or in the case of a new source following
commencement of the introduction of wastewater into the POTW, any user
subject to such pretreatment standards and requirements shall submit to the
Utility Superintendent or his designee a report containing the information
described in Section 6.1 (B)(4-6) of this ordinance. For users subject to
equivalent mass or concentration limits established in accordance with the
procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure
of the user's long-term production rate. For all other users subject to
categorical pretreatment standards expressed in terms of allowable pollutant
discharge per unit of production (or other measure of operation), this report
shall include the user's actual production during the appropriate sampling
period. All compliance reports must be signed and certified in accordance with
Section 4.6 of this ordinance.
6.4 Periodic Compliance Reports
A. All significant industrial users shall, at a frequency determined by the Utility
Superintendent or his designee but in no case less than twice per year,
submit a report indicating the nature and concentration of pollutants in the
discharge which are limited by pretreatment standards and the measured or
estimated average and maximum daily flows for the reporting period. All
periodic compliance reports must be signed and certified in accordance with
Section 4.6 of this ordinance.
B. All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
Ordinance 0-03-1393
Page 29 of 49
operated, kept clean, and maintained in good working order at all times. The
failure of a user to keep its monitoring facility in good working order shall not
be grounds for the user to claim that sample results are unrepresentative of
its discharge.
C. If a user subject to the reporting requirement in this section monitors any
pollutant more frequently than required by the Utility Superintendent or his
designee, using the procedures prescribed in Section 6.10 and 6.11 of this
ordinance, the results of this monitoring shall be included in the report.
6.5 Reports of Changed Conditions
Each user must notify the Utility Superintendent or his designee of any planned
significant changes to the user's operations or system, which might alter the
nature, quality, or volume of its wastewater before the change is made.
A. The Utility Superintendent or his designee may require the user to submit
such information as may be deemed necessary to evaluate the changed
condition, including the submission of a wastewater discharge permit
application under Section 4.5 of this ordinance.
B. The Utility Superintendent or his designee may issue a wastewater discharge
permit under Section 4.7 of this ordinance or modify an existing wastewater
discharge permit under Section 5.4 of this ordinance in response to changed
conditions or anticipated changed conditions.
C. For purposes of this requirement, significant changes include, but are not
limited to, flow increases of twenty percent 20% or greater, and the discharge
of any previously unreported pollutants that are determined to be of concern.
6.6 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems for the
POTW, the user shall immediately telephone and notify the City and the
Control Authority of the incident. This notification shall include the location of
the discharge, type of waste, concentration and volume, if known, and
corrective actions taken by the user.
Ordinance 0-03-1393
Page 30 of 49
B. Within five (5) days following such discharge, unless waived by the Director,
the user shall submit a detailed written report describing the cause(s) of the
discharge and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense, loss,
damage, or other liability, which may be incurred as a result of damage to the
POTW, natural resources, or any other damage to person or property; nor
shall such notification relieve the user of any fines, penalties, or other liability
which may be imposed pursuant to this ordinance.
C. A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the event of a discharge
described in paragraph A, above. Employers shall ensure that all employees,
who may cause such a discharge to occur, are advised of the emergency
notification procedure.
6.7 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide
appropriate reports to the Utility Superintendent or his designee as the Utility
Superintendent or his designee may require.
6.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the Utility
Superintendent or his designee within twenty-four (24) hours of becoming aware of
the violation. The user shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the Utility Superintendent or his designee within
thirty (30) days after becoming aware of the violation. The user is not required to
resample if the Utility Superintendent or his designee monitors at the user's facility
at least once a month, or if the Utility Superintendent or his designee samples
between the user's initial sampling and when the user receives the results of this
sampling.
Ordinance 0-03-1393
Page 31 of 49
6.9 Notification of the Discharge of Hazardous Waste
A. Any user who commences the discharge of hazardous waste shall notify the
POTW, the EPA Regional Waste Management Division Director, and State
hazardous waste authorities, in writing, of any discharge into the POTW of a
substance which, if otherwise disposed of, would be a hazardous waste under
40 CFR Part 261. Such notification must include the name of the hazardous
waste as set forth in 40 CFR Part 261, the EPA hazardous waste number,
and the type of discharge (continuous, batch, or other). If the user discharges
more than one hundred (100) kilograms of such waste per calendar month to
the POTW, the notification also shall contain the following information to the
extent such information is known and readily available to the user: an
identification of the hazardous constituents contained in the wastes, an
estimation of the mass and concentration of such constituents in the
wastestream discharged during that calendar month, and an estimation of the
mass of constituents in the wastestream expected to be discharged during
the following twelve (12) months. All notifications must take place no later
than one hundred and eighty (180) days after the discharge commences.
Any notification under this paragraph need be submitted only once for each
hazardous waste discharged. However, notifications of changed conditions
must be submitted under Section 6.5 of this ordinance. The notification
requirement in this section does not apply to pollutants already reported by
users subject to categorical pretreatment standards under the self-monitoring
requirements of Sections 6.1, 6.3, and 6.4 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A, above, during
a calendar month in which they discharge no more than fifteen (15) kilograms
of hazardous wastes, unless the wastes are acute hazardous wastes as
specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen
(15) kilograms of nonacute hazardous wastes in a calendar month, or of any
quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and
261.33(e), requires a one-time notification. Subsequent months during which
the user discharges more than such quantities of any hazardous waste do not
require additional notification.
C. In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Utility
Superintendent or his designee, the POTW, the EPA Regional Waste
Management Waste Division Director, and State hazardous waste authorities
of the discharge of such substance within ninety (90) days of the effective
date of such regulations.
Ordinance 0-03-1393
Page 32 of 49
D. In the case of any notification made under this section, the user shall certify
that it has a program in place to reduce the volume and toxicity of hazardous
wastes generated to the degree it has determined to be economically
practical.
E. This provision does not create a right to discharge any substance not
otherwise permitted to be discharged by this ordinance, a permit issued
thereunder, or any applicable Federal or State law.
6.10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in accordance
with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an
applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved by EPA.
6.11 Sample Collection
A. Except as indicated in Section B, below, the user must collect wastewater
samples using flow proportional composite collection techniques. In the event
flow proportional sampling is infeasible, the Utility Superintendent or his
designee and/or Control Authority may authorize the use of time proportional
sampling or a minimum of four (4) grab samples where the user demonstrates
that this will provide a representative sample of the effluent being discharged.
In addition, grab samples may be used to show compliance with
instantaneous discharge limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection
techniques.
6.12 Timing
Written reports will be deemed to have been submitted on the date postmarked.
For reports, which are not mailed, postage prepaid, into a mail facility serviced by
the United States Postal Service, the date of receipt of the report shall govern.
Ordinance 0-03-1393
Page 33 of 49
6.13 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make
available for inspection and copying, all records of information obtained pursuant to
any monitoring activities required by this ordinance and any additional records of
information obtained pursuant to monitoring activities undertaken by the user
independent of such requirements. Records shall include the date, exact place,
method, and time of sampling, and the name of the person(s) taking the samples;
the dates analyses were performed; who performed the analyses; the analytical
techniques or methods used; and the results of such analyses. These records shall
remain available for a period of at least three (3) years. This period shall be
automatically extended for the duration of any litigation concerning the user or The
City of Colleyville, or where the user has been specifically notified of a longer
retention period by the Utility Superintendent or his designee and/or Control
Authority.
SECTION 7 - COMPLIANCE MONITORING
7.1 Right of Entry: Inspection and Sampling
The Utility Superintendent or his designee and/or the Control Authority, TCEQ, or
USEPA or their designated representative shall have the right to enter the
premises of any user to determine whether the user is complying with all
requirements of this ordinance and any wastewater discharge permit or order
issued hereunder. Users shall allow inspecting or sampling person ready access
to all parts of the premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties.
A. Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation of
suitable identification, the City, Control Authority, TCEQ or USEPA will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
B. The Utility Superintendent or his designee and/or Control Authority shall have
the right to set up on the user's property, or require installation of, such
devices as are necessary to conduct sampling and/or metering of the user's
operations. All sampling and analysis performed by the Utility Superintendent
or his designee and/or Control Authority to monitor compliance shall be at the
expense of the industrial user.
Ordinance 0-03-1393
Page 34 of 49
C. The Utility Superintendent or his designee and/or Control Authority may
require the user to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the user at its own expense. All devices
used to measure wastewater flow and quality shall be calibrated, at a
minimum, annually to ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the user
at the written or verbal request of the Utility Superintendent or his designee
and/or Control Authority and shall not be replaced. The costs of clearing such
access shall be born by the user.
E. Unreasonable delays in allowing the inspecting or sampling person access to
the user's premises shall be a violation of this ordinance.
F. In accordance with 40 CFR 403, the City shall inspect and monitor each
permitted Industrial User a minimum of once per year. If the City elects to
perform compliance monitoring for the industry then the City will monitor the
industry a minimum of semi annually.
7.2 Search Warrants
If the Utility Superintendent or his designee and/or Control Authority has been
refused access to a building, structure, or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation of this
ordinance, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of The City of Colleyville designed to verify
compliance with this ordinance or any permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the community, then the
Utility Superintendent or his designee and/or Control Authority may seek issuance
of a search warrant from the an appropriate court.
SECTION 8 - CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater
discharge permit applications, wastewater discharge permits, and monitoring
programs, and from inspection and sampling activities, shall be available to the
public without restriction, unless the user specifically requests, and is able to
Ordinance 0-03-1393
Page 35 of 49
demonstrate to the satisfaction of the City and/or Control Authority, that the release
of such information would divulge information, processes, or methods of production
entitled to protection as trade secrets under applicable State law. Any such
request must be asserted at the time of submission of the information or data.
When requested and demonstrated by the user furnishing a report that such
information should be held confidential, the portions of a report which might
disclose trade secrets or secret processes shall not be made available for
inspection by the public, but shall be made available immediately upon request to
governmental agencies for uses related to the NPOES program or pretreatment
program, and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other "effluent data" as
defined by 40 CFR 2.302 will not be recognized as confidential information and will
be available to the public without restriction.
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Utility Superintendent or his designee shall publish annually, in the largest
daily newspaper published in the municipality where the POTW is located, a list of
the users, which during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards and requirements. The
term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of wastewater measurements taken
during a six- (6-) month period exceed the daily maximum limit or average
limit for the same pollutant parameter by any amount;
B. Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of wastewater measurements taken for
each pollutant parameter during a six- (6-)month period equals or exceeds
the product of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all
other pollutants except pH);
C. Any other discharge violation that the Utility Superintendent or his designee
and/or Control Authority believes has caused, alone or in combination with
other discharges, interference or pass through, including endangering the
health of POTW personnel or the general public;
O. Any discharge of pollutants that has caused imminent endangerment to the
public or to the environment, or has resulted in the Utility Superintendent or
Ordinance 0-03-1393
Page 36 of 49
his designee's or Control Authority's exercise of its emergency authority to
halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or
enforcement order for starting construction, completing construction, or
attaining final compliance;
F. Failure to provide within thirty (30) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with
categorical pretreatment standard deadlines, periodic self-monitoring reports,
and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s) which the Utility Superintendent or his designee
determines will adversely affect the operation or implementation of the local
pretreatment program.
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation
When the Utility Superintendent or his designee finds that a user has violated, or
continues to violate, any provision of this ordinance, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement, The
Utility Superintendent or his designee may serve upon that user a written Notice of
Violation. Within the time frame specified in the notice, which is usually, but not
always, ten (10) days, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions, shall be
submitted by the user to the Utility Superintendent or his designee. Submission of
this plan in no way relieves the user of liability for any violations occurring before or
after receipt of the Notice of Violation. Nothing in this section shall limit the
authority of the Utility Superintendent or his designee to take any action, including
emergency actions or any other enforcement action, without first issuing a Notice
of Violation.
10.2 Reserved
10.3 Show Cause Hearing
Ordinance 0-03-1393
Page 37 of 49
The Utility Superintendent or his designee may order a user which has violated, or
continues to violate, any provision of this ordinance, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement, to
appear before the Utility Superintendent or his designee and show cause why the
proposed enforcement action should not be taken. Notice shall be served on the
user specifying the time and place for the meeting, the proposed enforcement
action, the reasons for such action, and a request that the user show cause why
the proposed enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) days prior to the hearing. Such notice may be served
on any authorized representative of the user. A show cause hearing shall not be a
bar against, or prerequisite for, taking any other action against the user.
, 0.4 Compliance Orders
When the Utility Superintendent or his designee finds that a user has violated, or
continues to violate, any provision of this ordinance, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement, the
Utility Superintendent or his designee may issue an order to the user responsible
for the discharge directing that the user come into compliance within a specified
time. If the user does not come into compliance within the time provided, sewer
service may be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. Compliance orders
also may contain other requirements to address the noncompliance, including
additional self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance order may not extend
the deadline for compliance established for a pretreatment standard or
requirement, nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance order shall
not be a bar against, or a prerequisite for, taking any other action against the user.
, 0.5 Cease and Desist Orders
When the Utility Superintendent or his designee finds that a user has violated, or
continues to violate, any provision of this ordinance, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement, or
that the user's past violations are likely to recur, The Utility Superintendent or his
designee may issue an order to the user directing it to cease and desist all such
violations and directing the user to:
A. Immediately comply with all requirements; and
Ordinance 0-03-1393
Page 38 of 49
B. Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
10.6 Reserved
10.7 Emergency Suspensions
The Utility Superintendent or his designee may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension is
necessary to stop an actual or threatened discharge which reasonably appears to
present or cause an imminent or substantial endangerment to the health or welfare
of persons. The Utility Superintendent or his designee may also immediately
suspend a user's discharge, after notice and opportunity to respond, that threatens
to interfere with the operation of the POTW, or which presents, or may present, an
endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a user's failure to immediately
comply voluntarily with the suspension order, The Utility Superintendent or his
designee or Control Authority may take such steps as deemed necessary,
including immediate severance of the sewer connection, to prevent or
minimize damage to the POTW, its receiving stream, or endangerment to any
individuals. The Utility Superintendent or his designee may allow the user to
recommence its discharge when the user has demonstrated to the
satisfaction of the Utility Superintendent or his designee that the period of
endangerment has passed, unless the termination proceedings in Section
10.8 of this ordinance are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing
the causes of the harmful contribution and the measures taken to prevent any
future occurrence, to the Utility Superintendent or his designee prior to the
date of any show cause or termination hearing under Sections 10.3 or 10.8 of
this ordinance.
Ordinance 0-03-1393
Page 39 of 49
Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
10.8 Termination of Discharge
In addition to the provisions in Section 5.6 of this ordinance, any user who violates
the following conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of
its discharge;
C. Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring, or sampling; or
E. Violation of the pretreatment standards in Section 2 of this ordinance.
Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under Section 10.3 of this ordinance why the
proposed action should not be taken. Exercise of this option by the Utility
Superintendent or his designee shall not be a bar to, or a prerequisite for, taking
any other action against the user.
Ordinance 0-03-1393
Page 40 of 49
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
When the Utility Superintendent or his designee finds that a user has violated, or
continues to violate, any provision of this ordinance, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or
requirement, The Utility Superintendent or his designee may petition the
appropriate Court through The City of Colleyville's Attorney for the issuance of a
temporary or permanent injunction, as appropriate, which restrains or compels the
specific performance of the wastewater discharge permit, order, or other
requirement imposed by this ordinance on activities of the user. The Utility
Superintendent or his designee may also seek such other action as is appropriate
for legal and/or equitable relief, including a requirement for the user to conduct
environmental remediation. A petition for injunctive relief shall not be a bar
against, or a prerequisite for, taking any other action against a user.
11.2 Civil Penalties
A. A user who has violated, or continues to violate, any proVIsion of this
ordinance, a wastewater discharge permit, or order issued hereunder, or any
other pretreatment standard or requirement shall be liable to The City of
Colleyville for a maximum civil penalty of One Thousand Dollars ($1,000.00)
per violation, per day. In the case of a monthly or other long-term average
discharge limit, penalties shall accrue for each day during the period of the
violation.
B. The Utility Superintendent or his designee may recover reasonable attorneys'
fees, court costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by The City of Colleyville.
C. In determining the amount of civil liability, the Court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm
caused by the violation, the magnitude and duration of the violation, any
economic benefit gained through the user's violation, corrective actions by the
user, the compliance history of the user, and any other factor as justice
requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for,
taking any other action against a user.
Ordinance 0-03-1393
Page 41 of 49
11.3 Criminal Prosecution
A. A user who violates any provision of this ordinance, a wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or
requirement shall, upon conviction, be guilty of a misdemeanor, punishable by
a fine of not more than Two Thousand Dollars ($2,000.00) per violation, per
day, or imprisonment as decided by an appropriate court, or both.
B. A user who negligently introduces any substance into the POTW which
causes personal injury or property damage shall, upon conviction, be guilty of
a misdemeanor and be subject to the same penalties described in 11 .3.A. of
this Ordinance. This penalty shall be in addition to any other cause of action
for personal injury or property damage available under State law.
C. A user who makes any false statements, representations, or certifications in
any application, record, report, plan, or other documentation filed, or required
to be maintained, pursuant to this ordinance, wastewater discharge permit, or
order issued hereunder, or who falsifies, tampers with, or renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be subject to the same penalties described in 11.3.A. of this
Ordinance.
D. CRIMINAL RESPONSIBILITY. A culpable mental state is not required to
prove an offense under this Ordinance. A person is criminally responsible for
a violation of this Ordinance if:
(1) the person commits or assists in the commission of a violation, or causes
or permits another person to commit a violation; or
(2) the person owns or manages the property or facilities determined
to be the cause of the illegal discharge under Section 2.1, 2.2,
2.4, 3.4, or 4.2.
Ordinance 0-03-1393
Page 42 of 49
11.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The Utility
Superintendent or his designee may take any, all, or any combination of these
actions against a noncompliant user. Enforcement of pretreatment violations will
generally be in accordance with The City of Colleyville's enforcement response
plan. However, the Utility Superintendent or his designee may take other action
against any user when the circumstances warrant. Further, the Utility
Superintendent or his designee is empowered to take more than one enforcement
action against any noncompliant user.
11.5 Applicability of More Stringent Regulations
A. If national pretreatment standards, categorical or otherwise, more stringent
than the discharge limits prescribed in this article are promulgated by the
United States Environmental Protection Agency for certain industries, the
more stringent national pretreatment standards will apply to the affected
industrial user. A violation of the more stringent national pretreatment
standards will also be considered a violation of this Ordinance.
B. Applicability of more stringent discharge limits. An industrial user within the
city who discharges industrial waste ultimately received and treated by
another governmental entity pursuant to a wholesale wastewater contract or a
reciprocal agreement with the city is subject to the following additional rules:
(1) If the governmental entity has more stringent discharge limits than those
prescribed by this Ordinance, or by a discharge permit issued hereunder,
because the United States Environmental Protection Agency requires the
more stringent discharge limits as part of the governmental entity's
wastewater pretreatment program, the more stringent discharge limits
shall prevail.
(2) The Utility Superintendent or his designee is authorized to issue a
discharge permit to an industrial user affected by Subsection (1), to
insure notice of and compliance with the more stringent discharge limits.
If the industrial user already has a discharge permit, the Utility
Superintendent or his designee may amend the permit to apply and
enforce the more stringent discharge limits. An industrial user shall
submit to the Utility Superintendent or his designee an expected
Ordinance 0-03-1393
Page 43 of 49
compliance date and an installation schedule if the more stringent
discharge limits necessitate technological or mechanical adjustments to
discharge facilities or plant processes.
(3) If the Utility Superintendent or his designee chooses not to issue or
amend a permit under Subsection (2), the Utility Superintendent or his
designee shall notify the affected industrial user in writing of the more
stringent discharge limits and their effective date. Regardless of whether
or not a permit is issued or amended, an industrial user shall be given a
reasonable opportunity to comply with the more stringent discharge
limits.
(4) The more stringent discharge limits cease to apply upon termination of
the city's wholesale wastewater contract or reciprocal agreement with the
governmental entity, or upon modification or elimination of the limits by
the government entity or the United States Environmental Protection
Agency. The Utility Superintendent or his designee shall take the
appropriate action to notify the affected industrial user of an occurrence
under this Subsection (4).
C. Variances in compliance dates. The Utility Superintendent or his designee
may grant a variance in compliance dates to an industry when, in the Utility
Superintendent or his designee's opinion, such action is necessary to achieve
pretreatment or corrective measures. In no case shall the Utility
Superintendent or his designee grant a variance in compliance dates to an
industry affected by national categorical pretreatment standards beyond the
compliance dates established by the United States Environmental Protection
Agency.
D. Authority to regulate. The Utility Superintendent or his designee may
establish regulations, not in conflict with this Ordinance other laws, to control
the disposal and discharge of industrial waste into the wastewater system and
to insure compliance with the city's pretreatment enforcement program with all
applicable pretreatment regulations promulgated by the United States
Environmental Protection Agency. The regulations established shall, where
applicable, be made part of any discharge permit issued to an industrial user
by the Utility Superintendent or his designee.
Ordinance 0-03-1393
Page 44 of 49
SECTION 12 - RESERVED
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 In an Action Brought in Federal Court Only:
Upset Provision
A. For the purposes of this section, "upset" means an exceptional incident in
which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control of
the user. An upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper
operation.
B. An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements of
paragraph (C), below, are met.
C. A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and the 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; and
(3) The user has submitted the following information to the Utility
Superintendent or his designee within twenty-four (24) hours of
becoming aware of the upset, if this information is provided orally, a
written submission must be provided within five (5) days:
(a) A description of the indirect discharge and 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; and
Ordinance 0-03-1393
Page 45 of 49
(c) Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
D. In any enforcement proceeding, the user seeking to establish the occurrence
of an upset shall have the burden of proof.
E. Users will have the opportunity for a judicial determination on any claim of
upset only in an enforcement action brought for noncompliance with
categorical pretreatment standards.
F. Users shall control production of 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.
13.2 In an Action Brought in Municipal or State Court Only:
Act of God Provision
A. An event that would otherwise be a violation that is caused solely by an act of
God, war, strike, riot, or other catastrophe is not a violation.
B. In any enforcement proceeding, the user seeking to establish the occurrence
of an act of God, war, strike, riot, or other catastrophe shall have the burden
of proof.
C. In the event that A. and B. above has been demonstrated the user shall
control production of all discharges to the extent necessary to maintain
compliance with pretreatment standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of
treatment is provided.
13.3 Bypass
A. For the purposes of this section:
(1) "Bypass" means the intentional diversion of wastestreams from any
portion of a user's treatment facility.
Ordinance 0-03-1393
Page 46 of 49
(2) "Severe property damage" means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of
a bypass. Severe property damage does not mean economic loss
caused by delays in production.
B. A user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject to
the provision of paragraphs (C) and (0) of this section.
C. (1) If a user knows in advance of the need for a bypass, it shall submit
prior notice to the Utility Superintendent or his designee, at least ten (10)
days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the Utility Superintendent or his
designee of an unanticipated bypass that exceeds applicable
pretreatment standards within twenty-four (24) hours from the time it
becomes aware of the bypass. A written submission shall also be
provided within five (5) days of the time the user becomes aware of the
bypass. The written submission shall contain a description of the bypass
and its cause; the duration of the bypass, including exact dates and
times, and, if the bypass has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the bypass. The Utility Superintendent or
his designee may waive the written report on a case-by-case basis if the
oral report has been received within twenty-four (24) hours.
O. (1) Bypass is prohibited, and the Utility Superintendent or his designee
may take an enforcement action against a 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 downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
Ordinance 0-03-1393
Page 47 of 49
(c) The user submitted notices as required under paragraph (C) of this
section.
(2) The Utility Superintendent or his designee may approve an anticipated
bypass, after considering its adverse effects, if the Utility Superintendent
or his designee determines that it will meet the three conditions listed in
paragraph (D)(1) of this section.
SECTION 14 - WASTEWATER TREATMENT RATES
[RESERVED]
SECTION 15 - MISCELLANEOUS PROVISIONS
15.1 Pretreatment Charges and Fees
A. The City of Colleyville may adopt reasonable fees for reimbursement of costs
of setting up and operating The City of Colleyville's Pretreatment Program
which may include:
1. Fees for wastewater discharge permit applications including the cost of
processing such applications;
2. Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing a user's discharge, and reviewing
monitoring reports submitted by users;
3. Fees for reviewing and responding to accidental discharge procedures
and construction;
4. Fees for filing appeals; and
5. Other fees as The City of Colleyville may deem necessary to carry out
the requirements contained herein. These fees relate solely to the
matters covered by this ordinance and are separate from all other fees,
fines, and penalties chargeable by The City of Colleyville.
6. Fees for treating abnormal strength wastes
7. Fees incurred from an upset, bypass or unauthorized discharge.
Ordinance 0-03-1393
Page 48 of 49
B. Surcharge
The city may surcharge industrial users for the treating of abnormal strength
wastes. Water or wastes having 1) a five day biochemical oxygen demand
greater than two hundred fifty (250) parts per million (ppm) by weight or 2)
containing more than two hundred fifty (250) parts per million by weight of
total suspended solids shall be subject to the review and approval of the
Utility Superintendent or his designee. Where the Utility Superintendent or
his designee has approved the admission of (1) or (2) above into the POTW,
that discharge may be subject to a surcharge as determined by the Utility
Superintendent or his designee. In no case shall a discharge be accepted
that will prevent the POTW from meeting its limits.
The surcharge will be assessed according to the following formula each
month using the most current pollutant concentration data and the current
months' wastewater flow:
Surcharge = Q x [a(BOD - x) + b(TSS - y)][8.34]
1,000,000
Where:
Q = flow in gallons
8.34 = weight in pounds of one gallon of water
x = normal limits of BOD in domestic wastewater expressed
in milligrams per liter
y = normal limits of TSS in domestic wastewater expressed
in milligrams per liter
a = unit cost of treatment per pound of BOD
b = unit cost of treatment per pound of TSS
BOD = measured amount of BOD, in mg/I
TSS = measured amount of TSS, in mg/I
A surcharge is an additional charge by the POTW for the increased cost of
handling discharge of unusual strength and character and shall not serve as a
variance to the requirements of this ordinance. Exercise of this provision
shall not be a bar to, or a prerequisite for, taking any other action against the
user.
Ordinance 0-03-1393
Page 49 of 49
15.2 Severability
If any provision of this ordinance is invalidated by any court of competent
jurisdiction, the remaining provisions shall not be effected and shall continue in full
force and effect.
SECTION 16 - EFFECTIVE DATE
This ordinance shall be in full force and effect immediately following its passage,
approval, and publication, as provided by law.
AND IT IS SO ORDERED.
The first readil{ and public hearing being conducted on the
~Q/Ll!.. 2003.
The second reading and public hearing being conducted on the
[aA..C 2 2003.
-9'~
day of
/..p~
day of
ATTEST:
~~~
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
r~~
Donna Arp
Mayor