The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approval authority.
The United States Environmental Protection Agency and/or the state commission on environmental quality.
Authorized official.
A responsible corporate officer if the industrial user is a corporation, a general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively, or a representative of these individuals authorized, in writing, to the control authority.
BOD.
Biochemical oxygen demand, defined as the quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees Celsius.
Building sewer.
The extension from the building drain to the public sewer or other place of disposal (also called house lateral and house connection).
City.
The City of Highland Village, Texas, or any authorized person acting in its behalf.
COD.
Chemical oxygen demand, defined as the measure of the oxygen-consuming capacity of inorganic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.
Control authority.
The superintendent of utilities (or other official designated by the city manager) of the city, or his duly authorized deputy, agent or representative.
Control manhole.
A point of access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.
Control point.
A point of access to a course of discharge before the discharge mixes with other discharges in the public sewer, also known as an inspection port and/or control manhole.
Domestic sewage.
Waterborne wastes normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free from stormwater, surface water and industrial wastes.
FOG.
Fats, oils and greases.
Garbage.
Animal and/or vegetable wastes and residue from preparation, cooking and dispensing of food and from the handling, processing, storage and sale of food products and produce.
Industrial user.
Any nondomestic user.
Industrial waste.
Waste resulting from any process of industry, manufacturing, trade or business [or] by development of any natural resource, any mixture of the waste with water or normal wastewater, or wastewater containing pollutants in higher concentrations than normal domestic sewage.
Industrial waste surcharge.
The charge assessed those persons discharging industrial waste which is of greater strength than normal domestic sewage into the city's sewage system.
Interceptor.
A device designed and installed to separate and retain deleterious, hazardous or undesirable matter from normal waste and permit normal sewage or liquid wastes to discharge into the disposal system by gravity.
Interference.
As defined by 40 CFR 403.3(i).
mg/l.
Means milligrams per liter, and is a weight-to-volume ratio being the same as parts per million.
National categorical standard or pretreatment standard.
Any regulations containing pollutant discharge limits promulgated by the approval authority in accordance with section 307(b) and (c) of the Clean Water Act, that apply to a specific category of industrial user.
New source.
As defined by 40 CFR 403.3(k).
Normal domestic sewage.
Normal sewage for the city, in which the concentration of suspended solids and five-day 20-degree Celsius BOD is established at 240 milligrams per liter, by weight, on the basis of the normal daily concentration of 0.20 pounds per capita, per 100 gallons.
Overload.
The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Pass-through.
As defined by 40 CFR 403.3(n).
pH.
The logarithm (base 10) of the reciprocal of the hydrogen ion concentration (the negative log of the hydrogen ion).
Pollution.
A condition created by the presence of harmful or objectionable material.
POTW.
The publicly owned treatment works, including any city-owned facilities, devices, structures and sewage works used for receiving, processing and treating wastewater and industrial waste from the sanitary sewer.
Pretreatment.
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d). For further regulations concerning the disposal of industrial and other sewage, see title 40, Protection of the Environment, chapter I, Environmental Protection Agency, part 128, Pretreatment Standards, part 403, General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR 403 et seq.).
Public sewer.
A pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city.
Sanitary sewer.
A public sewer that conveys domestic wastewater or industrial wastewater, or a combination of both, and into which stormwater, surface water, groundwater, and other unpolluted wastes are not intentionally passed.
Significant industrial user.
An industry which discharges to the POTW that is subject to categorical standards, discharges a nondomestic waste stream of 25,000 gallons per day (0.025 mgd) or more, contributes a nondomestic waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW, or has a reasonable potential, in the opinion of the control authority, to adversely affect the POTW (inhibition, pass-through of pollutants, sludge contamination, or endangerment of POTW workers), or any other discharge deemed significant by the control authority. If a user meets only the criteria for discharge volume of 25,000 gallons per day, but none of the other criteria, the user may be classified as other than a significant industrial user.
Significant violator.
As defined by United States Environmental Protection Agency Region VI Policy.
Slug.
Any discharge of a pollutant, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which causes interference to the POTW, pass-through to the receiving stream, sludge contamination or endangerment to POTW personnel.
Storm sewer.
A public sewer which carries stormwater, surface water and drainage, into which domestic wastewater or industrial wastes are not intentionally passed.
Stormwater.
Rainfall or any other form of precipitation.
TCEQ.
The state commission on environmental quality.
To discharge.
To deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions.
Total suspended solids.
Solids measured in mg/l that float on the surface of or are in suspension in water, wastewater, or other liquids, and which are removable by a laboratory filtration device.
Unpolluted wastewater.
Wastewater, stormwater, drainage or cooling water which does not contain pollutants in harmful or objectionable amounts.
Waste.
Rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities.
Wastewater.
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments together with any groundwater, surface water and stormwater that may be present.
Wastewater facilities.
All facilities for collection, pumping, treating and disposing of wastewater and industrial wastes.
Wastewater service charge.
The charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal wastewater.
Watercourse.
A natural or man-made channel in which a flow of water occurs, either continuously or intermittently.
(1999 Code, sec. 90-91)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in a sum of a minimum of $1,000.00 and not to exceed a maximum of $2,000.00, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(1999 Code, sec. 90-116)
If any person discharges sewage, industrial waste or other wastes into the city's wastewater disposal system contrary to the provisions of this article, state requirements, federal pretreatment requirements or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the district court of this county.
(1999 Code, sec. 90-115)
The city shall comply with, enforce and adopt all federal general pretreatment regulations and federal categorical pretreatment regulations. Industrial users within the jurisdiction of this article shall comply with all federal general pretreatment regulations and with those federal categorical pretreatment standards applicable to each.
(1999 Code, sec. 90-92)
(a) 
No person may discharge to public sewers any waste which by itself or by interaction with other waste may:
(1) 
Injure or interfere with POTW processes or facilities;
(2) 
Constitute a hazard to humans or animals;
(3) 
Pass through to receiving waters of the POTW effluent;
(4) 
Cause toxicity in the receiving waters;
(5) 
Render the sludge from the POTW unfit for use or disposal; and/or
(6) 
Cause the POTW to violate its NPDES permit.
(b) 
No waste or wastewater discharged to the public sewer may:
(1) 
Have a pH lower than 6.0 or higher than 9.0 or possess any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel at the POTW;
(2) 
Have a temperature which will cause inhibition of biological activity at the POTW resulting in interference, but in no case contain heat in such quantity as to cause the temperature at the POTW treatment plant to exceed 40 degrees Celsius (104 degrees Fahrenheit) unless by prior approval of the approval authority upon request of the control authority, for alternate temperature limits.
(3) 
Contain grease or oil in concentrations greater than 100 mg/l or in such a quantity as to clog the sewer [or] overload skimming and grease-handling equipment.
(c) 
No person may discharge into public sewers any substance capable of causing:
(1) 
Obstruction to the flow in sewers; and/or
(2) 
Excessive loading of treatment facilities.
(d) 
Discharges prohibited by subsection (c) of this section include, but are not limited to:
(1) 
Solid or viscous substances, or substances which may become solid or viscous at temperatures between 32 and 104 degrees Fahrenheit (zero and 40 degrees Celsius), in sufficient quantities or size as to adversely affect the POTW.
(2) 
Substances with concentrations, determined by the control authority to be detrimental to the POTW, of:
(A) 
TSS;
(B) 
BOD; or
(C) 
Chlorine demand.
(3) 
Substances causing excessive discoloration.
(1999 Code, sec. 90-94)
(a) 
No person may discharge garbage into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers.
(b) 
Particles greater than one-half inch in dimension are prohibited.
(1999 Code, sec. 90-95)
(a) 
No person may discharge radioactive wastes or isotopes into public sewers without the permission of the control authority.
(b) 
The control authority may establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewers.
(1999 Code, sec. 90-96)
(a) 
No person may discharge to public sanitary sewers unpolluted stormwater, surface water, groundwater, roof runoff, subsurface drainage or other unpolluted drainage.
(b) 
In compliance with state and federal statutes, the control authority may, in writing, designate storm sewers and other watercourses into which unpolluted drainage described in subsection (a) of this section may be discharged.
(1999 Code, sec. 90-97)
(a) 
At the discharge point to the public sewer system, no wastewater may contain concentrations of heavy metals greater than the following specified limits:
Heavy Metals
Daily Maximum Discharge Limit
(mg/l)
Arsenic
0.59
Cadmium
0.02
Chromium
2.34
Copper
3.89
Cyanide
0.09
Lead
0.36
Mercury
0.001
Nickel
6.41
Silver
0.18
Zinc
0.98
(b) 
Industries subject to federal categorical standards are required to meet the categorical limits at the end of regulated processes and the applicable local limits at the end of the pipe.
(c) 
Toxic organics found in quantifiable concentrations greater than 0.01 mg/l (10.0 ppb) shall not total more than 2.13 mg/l for any discharge. Any organic compound considered toxic by the control authority and reasonably expected to be found in the industrial user's discharge may be included in the calculations of total toxic organics if detected in any industry's discharge in quantifiable concentrations greater than 0.01 mg/l.
(d) 
Based on treatment technology and environmental standards, specific numerical limits may be developed for any pollutant and incorporated into an industrial waste permit. Permit-specific numerical limits are fully enforceable under this article.
(1999 Code, sec. 90-98)
Gasoline, benzene, naphtha, fuel oil and other flammable or explosive liquids which can cause the explosion meter to read ten percent of the lower explosive level (LEL) are prohibited.
(1999 Code, sec. 90-99)
Hazardous waste as defined by the TCEQ is prohibited from entering the POTW by truck, rail or separate pipeline.
(1999 Code, sec. 90-100)
(a) 
General acceptance.
(1) 
If discharge or proposed discharge to public sewers violates any provision of section 22.09.006, the control authority shall require:
(A) 
Pretreatment to an acceptable condition for discharge to the public sewer system; and
(B) 
Control over the quantities and rates of discharge.
(2) 
The control authority may reject any waste which does not meet the requirements of subsection (a)(1) of this section.
(3) 
The control authority may require any information from an industrial user necessary to determine the characteristics of the user's wastewater discharge prior to the commencement of such discharge to the POTW.
(b) 
New sources.
(1) 
The industrial user shall consult with the control authority concerning the types, concentration and volumes of industrial waste proposed for discharge. Conditional approval as to the general requirements must be obtained from the control authority.
(2) 
Design calculations, plans, specifications and other pertinent information relating to proposed industrial waste pretreatment or processing facilities shall be submitted to the control authority for approval prior to start of construction if the effluent from such facilities is to be discharged into the public sewers.
(3) 
Where required by the control authority, the industrial user shall modify or eliminate wastes that are harmful to the structures, process or operation of the sewage works. The industrial user shall provide, at its expense, such preliminary treatment or processing facilities as may be determined necessary to render its wastes acceptable for admission to the public sewer.
(4) 
Review and acceptance of the conditions for new sources by the control authority shall be obtained prior to the proposed discharge into the public sewers of any wastes and waters having the following:
(A) 
A five-day 20-degree Celsius biochemical oxygen demand (BOD) greater than 240 mg/l;
(B) 
TSS content greater than 240 mg/l;
(C) 
Chlorine demand greater than five mg/l;
(D) 
Substances prohibited or limited by section 22.09.006.
(c) 
Existing sources.
(1) 
At the discretion of the control authority, existing sources may be required to meet the review and acceptance conditions for new sources under subsection (b) of this section.
(2) 
Within a specified time limit, following written notice by the control authority, the industrial user will submit a compliance plan which will achieve acceptable discharge conditions.
(3) 
If an acceptable plan has not been submitted within the specified time limit, the control authority may prescribe a suitable compliance plan.
(4) 
If the industrial user fails to fulfill the conditions of the prescribed compliance plan, he may be found in violation of this article and subject to penalties and enforcement actions as described in section 22.09.021.
(d) 
Pretreatment provisions.
(1) 
If pretreatment or control is required, the control authority shall review and either accept or deny the proposed design and installation of equipment and processes. Acceptance of a proposed pretreatment plan by the control authority shall not relieve the industrial user of responsibility and/or liability for failure of that pretreatment to achieve acceptance discharge.
(2) 
The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances and other laws.
(3) 
An industrial user responsible for discharges requiring pretreatment, flow-equalizing or other facilities shall provide and maintain the facilities in effective operating condition at its own expense.
(4) 
Persons discharging industrial wastes which exhibit none of the characteristics of wastes prohibited in this article other than excessive BOD or TSS may be required to pretreat the industrial wastes to meet the requirements of normal domestic sewage.
(1999 Code, sec. 90-102)
(a) 
No person shall discharge, or cause to be discharged, any stormwater, groundwater, roof runoff, subsurface drainage, downspouts, yard drains, yard fountains and pools into sanitary sewers if a storm sewer is available, except in cases where there is an existing facility erected prior to the enactment of Ordinance No. 91-619, in accordance with plans approved by the city, until required to alleviate the condition by the city after reasonable notice and hearing. If a storm sewer is not available, it may be discharged into the sanitary sewer by an indirect connection whereby such discharge is cooled, if required, and flows into the sanitary sewer at a rate not in excess of three gallons per minute.
(b) 
No person shall discharge or cause to be discharged any polluted liquid into or adjacent to any waters in the state or any area within the jurisdiction of the city.
(c) 
In cases where, in the opinion of the control authority, the character of the sewage from any manufacturer or industrial plant, building or other premises is such that it will damage the sewer system or cannot be treated satisfactorily in the system, the city shall have the right to require such manufacturer or industry to dispose of such waste otherwise, in accordance with all health regulations, and prevent it from entering the system.
(d) 
No person shall discharge industrial waste, interceptor waste or any other waste determined by the control authority as not acceptable into the public sewer from a vehicle, tank truck, portable tank or other container used for transportation of industrial waste.
(e) 
No person shall discharge domestic wastewater or septage from a tank truck, portable tank or other container used for transportation of waste into a public sewer without written permission from the city as provided in this article, and then only at a designated discharge point. The control authority reserves the right to refuse any such discharge.
(f) 
No person shall discharge wastewater or industrial waste into a sewer appurtenance intended for maintenance, including but not limited to a manhole or cleanout connection or inspection port, without written permission from the control authority.
(1999 Code, sec. 90-103)
Except where expressly authorized to do so by an applicable categorical pretreatment standard, no industrial user shall ever increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a categorical pretreatment standard. Although waste streams may be mixed prior to discharge to the POTW, no industrial user may dilute for the express purpose of compliance with local discharge limits.
(1999 Code, sec. 90-104)
(a) 
Spill containment.
The control authority may require spill containment measures for storage and use of any substance it deems a potential threat to the collection and treatment system or the environment should such substance be accidentally discharged. Such spill containment measures shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan as required by the control authority. At the discretion of the control authority, industrial users may be required to submit accidental discharge procedures prior to commencing contribution to the POTW. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article.
(b) 
Notification.
In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the control authority of the incident. The notification shall include location of the discharge, type of waste, concentration and volume, and corrective action. Within five days following an accidental discharge, the user shall submit to the control authority a detailed written report describing the cause 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, fish kills or any other damage to persons or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.
(c) 
Notice to employees.
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 an accidental discharge. Employers shall ensure that all employees who may cause or suffer such an accidental discharge to occur are advised of the emergency notification procedure.
(1999 Code, sec. 90-105)
(a) 
Measurement of flow.
(1) 
When the public water supply is used exclusively, the water consumption during the previous month, as determined from the water/sewer meter records of the finance department, shall be the valid basis for computing sewage flow, unless actual sewage flow is measured by a recording meter of a type to be approved by the control authority. The owner shall maintain such device in proper condition to accurately measure such flow. Upon failure to do so, the water consumption shall be the basis for charges.
(2) 
In cases where all or part of the water consumed is obtained from private supplies, wells, etc., such person shall provide and maintain at all times suitable metering and recording devices, approved by the control authority, in connection with each or all sources of private water, unless the control manhole provided is equipped with an approved volume measuring and recording device. The volume of private water consumed during the previous month, together with the consumption of public water as determined from the water/sewer meter records of the finance department, shall be the basis for computing the sewage volume, or the owner may install, at his expense, an approved metering device to accurately measure flow as before mentioned.
(3) 
When water is contained in a product or is evaporated, or is discharged as unpolluted waste in an uncontaminated condition to surface drainage, an application may be made for a reduction in the volume of waste discharged to the public sewer, provided that supporting data, satisfactory to the control authority, is furnished.
(4) 
This data shall include a flow diagram, [showing] destination of the water supply and/or wastes, supported by submetering data installed on such process piping at the expense of the private owner.
(b) 
Control of admissible wastes.
(1) 
Any person desiring to deposit or discharge any industrial waste into the public sewers of the city or any sewer connected therewith, or who is now so doing, may require an industrial waste permit.
(2) 
Any person discharging or desiring to discharge an industrial waste mixture into the sanitary sewer of the city or any sewer connected therewith may be required to provide and maintain, in a suitably accessible position on the permittee's premises, or such premises occupied by him, an inspection port or manhole near the outlet of each sewer, drain, pipe, channel or connection which communicates with the sewer or sewer works of the city or any sewer connected therewith. Each such manhole or inspection port shall be of such design and construction which will prevent infiltration by groundwater and surface water, and shall be so maintained by the person discharging wastes so that any authorized representative or employee of the city may readily and safely measure the volume and obtain samples of the flow at all times. Plans for construction of the control manholes or inspection port, including such flow-measuring devices as may be required, shall be reviewed by the control authority.
(3) 
The control authority shall verify prior to discharge that wastes authorized to be discharged will receive, if needed, suitable pretreatment within the provisions of law, regulations, ordinances, rules and orders of federal, state and local governments.
(4) 
The control authority may request material safety data sheets for chemicals stored or used at a facility.
(1999 Code, sec. 90-106)
No significant industrial user shall discharge industrial waste into the sanitary sewer without obtaining and maintaining a valid permit from the control authority.
(1) 
Conditions stipulated in the industrial waste permits shall be based on plans and specifications of pretreatment facilities, on-site inspections and/or industrial waste questionnaires.
(2) 
Industrial waste permits may dictate:
(A) 
Discharge limits;
(B) 
Self-monitoring requirements;
(C) 
Reporting requirements;
(D) 
Sampling locations; and
(E) 
Other conditions as deemed appropriate by the control authority to ensure compliance with this article.
(3) 
The control authority shall issue a permit if it is determined that:
(A) 
Pretreatment facilities are adequate for efficient treatment of discharged waste;
(B) 
The applicant is not discharging waste in violation of this article; and
(C) 
The applicant is in compliance with applicable federal, state and local laws and regulations.
(4) 
The control authority may issue a compliance schedule in conjunction with an industrial waste permit if conditions in subsection (3)(A) through (C) of this section are not being met.
(5) 
It is the responsibility of the industrial user to notify the control authority prior to any change in process, change in character or quantity of wastewater, or change in signatory authority. These changes may require the issuance of a new permit.
(6) 
Permits are nontransferable.
(7) 
Permits shall be valid for a period not to exceed three years from the date of issuance. They shall be reviewed annually, but may be modified at any time as the control authority deems necessary.
(8) 
Permits may be revoked if the requirements for self-monitoring, reporting, compliance and any other requirement set forth in the permit section of this article are not being met. The industrial user must immediately cease discharge upon permit revocation.
(1999 Code, sec. 90-107)
(a) 
All sampling and analysis shall be performed in accordance with procedures established by the EPA administrator pursuant to section 304(h) of the Clean Water Act and 40 CFR 136, and amendments thereto.
(b) 
Analyses shall be performed on suitable samples taken at the inspection port provided or other control point authorized by the control authority.
(c) 
BOD and TSS shall be determined from composite sampling, except to detect unauthorized or accidental discharges.
(d) 
The city may select an independent firm or laboratory to determine flow, BOD, TSS and/or other wastewater constituents. Chain of custody procedures shall be followed.
(e) 
The city is entitled to select the time of sampling.
(f) 
Samples shall be taken at six-month intervals to establish the BOD, TSS and, where applicable, chlorine demand of the industrial waste for billing purposes, or at such intervals determined by the control authority as necessary to maintain control over the discharges from the permittee.
(g) 
Sampling and testing of industrial waste streams shall be conducted for the purpose of monitoring compliance with federal and local discharge regulations. The control authority shall determine the frequency of sampling and the pollutants (unless categorical) to be monitored for each industrial user.
(1999 Code, sec. 90-108)
(a) 
Each noncompliance with local, state and federal regulations shall result in the industry receiving a written notice of violation, which will include a designated time frame for response from the industry. A written response from the industry must be submitted for each notice of violation within 15 days of receipt.
(b) 
The sequence of action for noncompliance will be: For each parameter, the first violation will result in a written notice of violation; the second violation will result in a warning citation; the third violation will result in a written citation which will carry a fine to be assessed by a judge; the fourth violation will result in a citation, and may result in the issuance of a compliance schedule specifying deadlines for proposing and initiating treatment technology needed to meet applicable limits. Failure to meet the deadlines specified in the compliance schedule or violation of federal or local limits during the period of the compliance schedule may result in issuance of a citation. After compliance dates have passed, ongoing violations of the same parameter may result in termination of service to the industry. If an action by an industrial user warrants, the control authority may forego the sequence of action and issue a compliance schedule or citation for any violation of this article. No action by the control authority shall relieve an industrial user who has significantly violated federal or local limits from being published as a significant violator as outlined in section 22.09.026.
(c) 
If, in the opinion of the control authority, the noncompliance is severe, the city may suspend the water service, the wastewater treatment service and/or the industrial waste permit. Depending upon the noncompliance, the industrial user shall be notified verbally, in writing or by public notification. Repeated discharges of prohibited waste to the sanitary sewer shall be sufficient cause to disconnect any and all services to the water and/or sewer mains of the city. The control authority may suspend water service, wastewater treatment service and/or an industrial waste permit upon verbal notice when such suspension is necessary, in the opinion of the control authority, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, cause interference to the POTW processes, or cause a violation of the NPDES permit. The proposed corrective action must be acceptable to the control authority prior to service being restored. The industrial user shall submit a written report with all analysis and corrective actions which were needed to correct the situation. Under emergency situations, the city shall undertake demand sampling procedures and obtain analysis from one of several local contract laboratories. Any expenses incurred by the control authority as a result of demand sampling may be recovered from the responsible party.
(1999 Code, sec. 90-109)
(a) 
Initial compliance reports.
(1) 
All industrial users, including new sources, that are subject to categorical pretreatment standards must submit baseline monitoring reports (BMRs) to the control authority in accordance with 40 CFR 403.12(b).
(2) 
Within 90 days following the commencement of the contribution of wastewater into the POTW, any industrial user classified as a regulated categorical standard industry, and therefore subject to federal pretreatment standards, shall submit to the control authority a 90-day compliance report in accordance with 40 CFR 403.12(d).
(b) 
Periodic compliance reports.
(1) 
Regulated categorical standard industries subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of new sources, after commencement of the discharge to the POTW, shall submit a semiannual compliance report to the control authority in accordance with 40 CFR 403.12(e).
(2) 
At the discretion of the control authority, any industry under the jurisdiction of this article may be required to fulfill the same reporting requirements as a regulated categorical standard industry.
(c) 
Mass limitations.
The control authority may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate, in accordance with 40 CFR 403.6(d).
(d) 
Signatory authority.
(1) 
All initial and periodic compliance reports and the wastewater survey for nonresidential establishments used as an application for an industrial waste permit must be signed by an authorized official of the industrial user. The authorized official may designate a representative, in writing, to the control authority. The authorization must specify either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, or having overall responsibility for environmental matters for the industrial user. If the authorization becomes invalid because of changes in responsibilities or personnel, a new written authorization must be submitted to the control authority prior to any report being signed by the new representative.
(2) 
All initial and periodic compliance reports and the wastewater survey for nonresidential establishments used as an application for an industrial waste permit must include the statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervised in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the 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."
(1999 Code, sec. 90-110)
(a) 
Industrial wastes which exhibit none of the characteristics of wastes prohibited previously but having a BOD or TSS concentration in excess of normal domestic sewage may require pretreatment to meet the requirements of normal sewage; however, such wastes may be accepted for treatment if the following requirements are met:
(1) 
The waste will not cause damage to the collection and treatment facilities;
(2) 
The waste will not impair the treatment process;
(3) 
The waste will not cause the POTW to violate its NPDES permit; and
(4) 
The donor of the waste pays the sewer service charge and industrial waste surcharge.
(b) 
Rates for this section will be set periodically by action of the city council.
(1999 Code, sec. 90-111(a))
Any person responsible for discharge through a building sewer carrying industrial wastes shall, at his own expense and as required by the control authority:
(1) 
Install an accessible and safely located control manhole;
(2) 
Install meters and other appurtenances to facilitate observation, sampling and measurement of the waste as may be required; and
(3) 
Maintain the equipment and facilities.
(1999 Code, sec. 90-111(c))
(a) 
Authorized.
The city may adopt charges and fees which may include:
(1) 
Fees for reimbursement of costs of setting up and operating the city's pretreatment program;
(2) 
Fees for monitoring, inspection and surveillance procedures;
(3) 
Fees for reviewing accidental discharge procedures and construction;
(4) 
Fees for permit applications;
(5) 
Fees for filing appeals;
(6) 
Fees for industrial waste surcharges as provided for in section 22.09.023;
(7) 
Cost for laboratory analyses of industrial discharge; and
(8) 
Other fees as the city may deem necessary to carry out the requirements contained in this article.
(b) 
Billing.
Industrial waste surcharges provided for in this article shall be included as a separate item on the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing practices. Surcharges shall be paid at the same time that the water, sewer and sanitation charges of the person become due, and payment for water and sanitation services shall not be accepted without payment also of the sewer service charges and industrial waste surcharges.
(c) 
Failure to pay bills.
Failure to pay fees and monthly bills for water, sanitary sewer service or industrial waste surcharge when due shall be sufficient cause to disconnect any and all services to the water and/or sanitary sewer mains of the city.
(1999 Code, sec. 90-112)
The control authority shall have access to any and all industrial user records which pertain to that industry's discharge to the POTW. The city reserves the right to inspect and copy information from the industrial user. The industrial user shall be required to retain records of all information resulting from any monitoring or reporting activity required by these regulations for a minimum of five years.
(1999 Code, sec. 90-113(a))
Information and data on a user obtained from reports, questionnaires, permit applications, permits, and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests, and is able to demonstrate to the satisfaction of the city, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. The constituents and characteristics of wastewater discharged by an industrial user shall not be considered confidential. The city shall require, of all nondomestic users, information needed to develop a systematic program according to the pretreatment requirements. The information must be available to the control authority for inspection and reproduction.
(1999 Code, sec. 90-113(b))
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or an industrial waste permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall be punished as provided in section 22.09.002, and may be subject to prosecution.
(1999 Code, sec. 90-113(c))
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this section shall be subject to prosecution.
(1999 Code, sec. 90-113(d))
(a) 
The control authority and other duly authorized employees of the city bearing proper credentials and identification are entitled to:
(1) 
Enter any public or private property at any reasonable time for the purpose of enforcing this article; and
(2) 
Enter all private property through which the city holds an easement for the purpose of inspection, observation, measurement, sampling, maintenance or repair.
(b) 
All activities conducted under this authority shall be in full accordance with all applicable terms, rules and regulations pertaining to safety and security.
(c) 
Except when caused by negligence or failure of the company to maintain safe conditions, the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the sampling operation.
(d) 
No person acting under the authority of this section may inquire into any area not having direct or potential impact on the kind and source of a discharge to the public sewer system except as provided in section 22.09.028.
(1999 Code, sec. 90-114)