Except as otherwise provided in this article, the duly authorized
representative of the city shall be the environmental services supervisor,
who shall administer, implement and enforce the provisions of this
article.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-71; Ordinance 2020-028 adopted 7/27/20)
(a)
The city may inspect the facilities at least annually of every user
to ascertain whether the requirements of this article are being met
according to the purposes herein stated. All significant industrial
users shall be inspected at least annually. Persons or occupants of
premises where wastewater is created or discharged shall allow the
city or their authorized representative(s) ready access at any and
all reasonable times to all parts of the premises necessary for the
purpose of inspection, sampling, records, examination or the performance
of any of their official duties. The city, TCEQ and the EPA shall
have the right to set up on the user’s property such devices
as are necessary to conduct sampling, inspection, compliance monitoring
and/or metering operations. If a user has in force security measures
requiring proper identification and clearance prior to entry into
their premises, the user shall make any necessary arrangements with
their security service(s) so that personnel from the city presenting
suitable identification (or such personnel from state or federal agencies)
will be allowed to enter, without delay, for the purposes of performing
their specific responsibilities. In no case shall there be a delay
greater than ten (10) minutes for access to control points or control
manholes and thirty (30) minutes for access to records or facility
inspection. Sampling shall be done on a twenty-four (24) hour composite,
flow-weighted basis when possible. No part of this article shall be
interpreted to prevent non-flow-weighted composite or grab sampling
whenever necessary or required to monitor or check any user for compliance
with this article. All sampling and analysis shall be in accordance
with the methods described in 40 CFR part 136.
(b)
If the supervisor, other city authorized personnel, EPA or TCEQ personnel
are denied access to the facility, or any part thereof, in performance
of required duties to insure compliance with this article, or to protect
the overall public health, safety or welfare of the community or the
environment, may seek issuance of a search warrant from an appropriate
court of law to gain such access.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-72; Ordinance 2020-028 adopted 7/27/20)
(a)
Wastewater and waste samples will be collected and tests performed by city personnel at the city’s discretion. The laboratory procedures to be used in the examination of industrial or other wastes or wastewater will be those set forth in 40 CFR 136. All significant industrial users shall be sampled at least once every six (6) months by the user. All significant industrial users will be sampled a minimum of once per year by the city for compliance with discharge limitations listed in section 12.05.076 of this article. Sampling may be required at a greater frequency if a violation is found. Users subject to categorical pretreatment standards shall be sampled a minimum of once a month for substances limited in appropriate standards until a one (1) year history of compliant sampling is established. They shall thereafter be sampled twice annually unless a violation is found. When a violation is found, sampling shall be of a frequency to identify the magnitude of the violation and continued at the discretion of the city until compliance is achieved and the city is satisfied that the reason for the problem has been corrected. Sampling may be done by the user, city or contract personnel at the discretion of the city. All regular sampling and analysis costs set forth above shall be paid by the user. If sampling performed by the user indicates a violation, the user shall notify the city within twenty-four (24) hours of becoming aware of the violation. The user shall then resample and report the sampling and analysis and submit the results to the city within thirty (30) days of becoming aware of the violation. The user is not required to resample if:
(1)
Routine sampling is performed by the user at a frequency of at least
once per month and the routine resampling will be done and results
received within the thirty (30) day period of becoming aware of the
violation.
(2)
The city performs sampling of the user’s discharge between
the time when the user performed the initial sampling and the time
the user receives the results of this sampling and becomes aware of
the violation.
(c)
Any necessary quality assurance for pretreatment sampling and analysis
shall be consistent with those of 40 CFR 136 “Guidelines for
establishing test procedures for the analysis of pollutants,”
et seq.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-73; Ordinance 2020-028 adopted 7/27/20)
(a)
The city may require to be provided and operated at the user’s
own cost and expense monitoring facilities to allow inspection, sampling,
and flow measurement or any combination of these based upon the significance
of the wastewater discharge as determined by the city. The monitoring
facility should normally be located on the user’s premises;
however, when such location would be impractical or cause undue hardship
on the user, the city may allow the construction of the facility in
the public street or sidewalk area in a location that will not be
obstructed by landscaping or parked vehicles. The above shall apply
to both old and new users when monitoring facilities are necessary.
(b)
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the city’s
requirements and all applicable local construction standards and specifications.
There shall be ample room in or near such control manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling equipment and measuring devices shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
(c)
Plans and specifications for constructions of monitoring facilities
shall conform to city standards and shall be approved by the city
engineer. Rental or lease of suitable equipment on an as-needed basis
in lieu of permanent installation may be acceptable subject to approval
by the supervisor; such approval shall not release the user from the
requirement to provide sampling facilities which are accessible to
the city and which are secured and protected.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-74; Ordinance 2020-028 adopted 7/27/20)
(a)
Users contributing twenty-five thousand (25,000) gallons per day
of normal domestic wastewater or its equivalent in BOD and/or suspended
solids loading and any user having a wastewater contribution permit
may be required to provide at the user’s cost and expense a
device for measuring wastewater flow. Its specifications shall be
approved by the city engineer. Users contributing less than twenty-five
thousand (25,000) gallons per day have the option of installing an
approved flow measuring device. If no flow-measuring device is installed,
surcharges will be based one hundred (100) percent of water usage.
(b)
Any user desiring to have his regular wastewater charges based on
less than the percentage return in effect at the time shall install,
at his own expense, an approved flow-measuring device or if the user
is able to furnish records and amounts of water usage incorporated
in final products not returned to the POTW verifiable by the city,
he may have his regular wastewater charges based on a percentage return
less than that in effect at the time subject to the approval of the
city manager.
(c)
All flow meters and/or devices shall be installed so they may be
easily cleaned, serviced, inspected and calibrated and in properly
operating conditions at all times. The city may inspect these devices
for compliance with this article at its discretion.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-75; Ordinance 2020-028 adopted 7/27/20)
(a)
Users shall provide necessary wastewater pretreatment as required
to comply with this article and shall achieve compliance with all
federal categorical pretreatment standards within the limitations
as specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the city
shall be provided, operated and maintained at the user’s cost
and expense. Detailed plans showing the pretreatment facilities and
their operating procedures shall be submitted to the city for review,
and shall be approved by the city before construction of the facility.
The review of such plans and operating procedure will in no way relieve
the user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the city under the provisions
of the pretreatment program and the sewer use ordinances. Any subsequent
changes in the pretreatment facilities or operating procedures shall
be reported to and acceptable to the city prior to the initiation
of the changes.
(b)
The city shall prepare annually a list of industrial users which during the previous twelve (12) months have significantly violated pretreatment requirements as defined in section 12.05.004 (Definitions) of this article regarding significant noncompliance. This list will appear annually in the largest newspaper published in the city during the month of January. Additionally, the compliance status of all significant industrial users for the previous year is summarized in an annual report which is sent to state and federal regulatory authorities during the month of January prior to the publication of any significant violators.
(c)
All users subject to reporting requirements shall retain, and make
available for inspection and copying, all records of information obtained
pursuant to any monitoring activities required by this article and
any additional records of information obtained pursuant to monitoring
activities undertaken by the user independent of such requirements
including documentation associated with best management practices
(BMPs). Records shall include the exact date, exact place, method
and time of sampling, and the name of person(s) taking the samples;
the dates analyses were performed; who performed the analyses; the
analytical techniques used; and the results of such analyses. These
records shall be maintained for a period of at least three (3) years.
This period of record retention shall be automatically extended for
the duration of any litigation concerning the user or the city, or
where the user has been specifically notified of a longer retention
period by the supervisor.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-76; Ordinance 2020-028 adopted 7/27/20)
(a)
Requirement for a permit.
Any user shall have a wastewater
contribution permit prior to discharging into the city sewer system
if:
(1)
The discharge is subject to promulgated national categorical pretreatment
standards;
(2)
The discharge contains pollutants in concentrations or quantities
that interfere or have the potential to interfere with the operation
of the sewer system or increase the costs of operation of the systems,
as determined by the city;
(3)
The discharge requires pretreatment in order to comply with the discharge
limitations in this article;
(4)
The discharge is twenty-five thousand (25,000) gallons or more of
processed wastewater per day.
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Within one (1) year of being designated a significant industrial
user, the city shall determine if the user needs a spill prevention
plan or other action to control slug discharges. Records of such plans
or slug control activities shall be kept for a period of three (3)
years by both the user and city and made available to appropriate
EPA and TCEQ personnel upon request.
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(b)
Permit information.
New significant industrial users
shall file an application in the form prescribed by the city at least
ninety (90) days prior to connecting to the POTW. Any other non-domestic
user shall file an application when notified within ninety (90) days
of receipt of notice to do so. In support of the application, the
user shall submit in units and terms appropriate for evaluation, the
following information as required by the supervisor:
(2)
SIC number according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended;
(3)
Wastewater constituents and characteristics as determined by a reliable
analytical laboratory; sampling and analysis shall be performed in
accordance with procedures established by the EPA pursuant to section
304(g) of the Act and contained in 40 CFR, part 136, as amended;
(4)
Time and duration of contribution;
(5)
Average daily and fifteen (15) minute peak wastewater flow rates,
including daily, monthly and seasonal variations, if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size
and location and elevation;
(7)
A general description of activities, facilities and plant processes
on the premises including all materials which are or could be discharged
(including cleanup chemicals and washdown water) which make use of,
involve or incorporate any restricted, limited or prohibited substances
or toxic pollutants The user shall include a list of all other environmental
control permits held by or for the facility to meet this requirement;
(8)
The nature and concentration of any pollutants in the discharge which
are limited by any city, state or federal pretreatment standards,
and a statement regarding whether or not the pretreatment standards
are being met on a consistent basis. If standards are not being so
met, whether additional operation and maintenance and/or additional
pretreatment is required for the user to meet applicable pretreatment
standards;
(9)
If additional pretreatment and/or operation and maintenance will
be required to meet the pretreatment standards, the schedule by which
the user will provide additional optimum pretreatment and/or operation
and maintenance. The completion date in this schedule shall not be
later than the compliance date established for the applicable treatment
standard. The schedule shall contain the following, if required by
the supervisor:
(A)
The schedule shall contain the increments of progress in the form
of dates for 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 (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing construction,
completing construction, etc.);
(C)
Not later than fourteen (14) days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the supervisor including, at a minimum, whether or not it
complied with the increment of progress to be met on such date and,
if not, the date on which it expects to comply with the increment
of progress, the reason for delay and the steps being taken by the
user to return the construction to the established schedule. In no
event shall more than nine (9) months elapse between such progress
reports to the supervisor;
(10)
Number and type of employees, and hours of operation of plant and
proposed or actual hours of operation of pretreatment system;
(11)
Type and amount of raw materials processed (averaged and maximum
per day), which are known to contain or exhibit a potential to produce
any limited, restricted or prohibited substance or toxic pollutants;
(12)
Any other information as may be deemed by the city to be necessary
to evaluate the permit application.
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The city will evaluate the date furnished by the users and may
require additional information. After evaluation and acceptance of
the date furnished, the city may issue a wastewater contribution permit
subject to the terms and conditions provided herein.
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(c)
Permit conditions.
Wastewater contribution permits shall
be expressly subject to all provisions of this article and all fees
established by the city. Permits for all significant industrial users
as defined in this article shall contain the following minimum conditions
and requirements; other users may be subject to any or all of the
following requirements:
(1)
Statement of duration;
(2)
Statement of non-transferability;
(3)
Effluent limits based on applicable pretreatment standards, categorical
pretreatment standards, local limits, and state and local law;
(4)
Specifications for monitoring programs including and not limited
to: sampling locations, frequency of sampling, number, types of pollutants
to be monitored, and standards for testing and reporting schedules;
(5)
Requirements for notification of SLUG discharges;
(6)
Requirements for federal categorical pretreatment standards for users
subject to such standards;
(7)
Requirements for submission of technical reports or discharge reports;
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the city, and affording the
city access thereto;
(9)
Requirements for notification of the city before any new introduction
of wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system;
(10)
Statement of applicable civil and criminal penalties for violations
and any applicable compliance schedules. Such schedules may not extend
the compliance date beyond applicable federal deadlines;
(11)
Any other conditions may be included as deemed appropriate by the
city to ensure compliance with this article.
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The supervisor may develop best management practices (BMPs)
in individual permits to meet pollutant limitations and discharge
prohibitions listed in this article. BMPs shall be included in discharge
permits for any categorical significant industrial user with BMP requirements
as part of a federal categorical standard.
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(d)
Signatory requirements.
All reports or other required
documentation shall be signed and certified by the authorized representative
of the permit holder. The certification statements shall be worded
as follows:
“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 gathered and evaluated 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 fines and/or
imprisonment for knowing violations.”
(e)
Permit duration.
Permits shall be issued for a specified
time period, not to exceed five (5) years. A permit may be issued
for a period less than a year or may be stated to expire on a specific
date. The terms and conditions of the permit may be subject to modifications
by the city during the term of the permit as limitations or requirements
are modified or just cause exists. The user shall be informed of any
proposed changes in this permit at least thirty (30) days prior to
the effective date of change. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
(f)
Permit renewal.
Industrial dischargers holding a wastewater
contribution permit shall apply for a permit renewal ninety (90) days
before their permit expires. Any desired changes in permit limits,
changes in plant piping, changes in wastewater quality or pretreatment
facilities made since the issuance of the last permit or additional
information required by the city should be a part of the application
for permit renewal.
(g)
Permit transfer.
Wastewater contribution permits are
issued to a specific user for a specific operation. A wastewater contribution
permit shall not be transferable. Any succeeding owner or user shall
apply for a new permit.
(h)
Permit modifications.
(1)
Within ninety (90) days following the promulgation of a national
categorical pretreatment standard, the wastewater contribution permit
of users subject to such standards shall be revised to require compliance
with such standard within the timeframe prescribed by such standard.
Where a user subject to a national categorical pretreatment standard
has not previously submitted an application for a wastewater contribution
permit as previously described, the user shall apply for and submit
such application within ninety (90) days after the promulgation of
the applicable national categorical pretreatment standard. Compliance
shall be achieved within the timeframes prescribed by the standards.
(2)
Changed conditions such as process revisions, nature and volume of
wastestreams, or other changes under the conditions of a user’s
permit shall be submitted within thirty (30) days of such change for
review by the city. The city may modify or reissue a wastewater contribution
permit to reflect these changes.
(i)
Revocation of permit.
Any user who violates this article,
or applicable state and federal regulations or the conditions of the
permit, is subject to having the permit revoked and, therefore, is
subject, with the approval of the city manager, to termination of
utility services provided by the city.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-77; Ordinance 2020-028 adopted 7/27/20)
Within ninety (90) days following the date for final compliance
with applicable national 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 supervisor a report containing all
of the requirements specified in 40 CFR, part 403.12 for baseline
monitoring reports. This report will indicate the nature and concentration
of all pollutants in the discharge from the regulated process which
are limited by those pretreatment standards and requirements. The
report shall state the performance of the user in consistently meeting
the applicable pretreatment standards and requirements and, if any,
what additional pretreatment and/or operation and maintenance is necessary
to bring the user into compliance with the applicable pretreatment
standards or requirements. This statement shall be signed by an authorized
representative of the industrial user and certified by a qualified
professional engineer.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-78; Ordinance 2020-028 adopted 7/27/20)
(a)
Any user subject to a national pretreatment standard, after the compliance
date of such pretreatment standard, or, in the case of a new source,
after commencing discharge into the POTW, shall submit to the supervisor
a report indicating the nature and concentration of pollutants in
the discharge which are limited by such pretreatment standards. The
user shall collect a minimum of one (1) sample during each six (6)
month period ending in June and December, unless required more frequently
in the pretreatment standard or by the supervisor, and perform analyses
required by the pretreatment standard for the semi-annual report.
The semi-annual report must be received by the supervisor within forty-five
(45) days following the end of each six (6) month period. Sampling
and analyses to meet federal pretreatment standards does not relieve
the user of additional monitoring requirements as may be deemed appropriate
by the city. In addition, this report shall include a record of all
daily flows which during the reporting period exceeded the average
daily flow reported in the compliance date report. CIUs and users
are subject to best management practices (BMPs) under a federal categorical
pretreatment standard must submit documentation to demonstrate compliance
with a BMP where a required BMP or pollution prevention alternative
is part of the categorical standard with each semi-annual report.
(b)
All non-categorical significant industrial users shall collect a minimum of one (1) sample during each six (6) month reporting period and perform analyses for these pollutants deemed appropriate by the city for the semi-annual reporting periods specified in subsection (a). Non-categorical SIUs are required to report data obtained through appropriate sampling and analysis performed during the period covered by the report which data are representative of conditions occurring during the reporting period. Any additional monitoring of pollutants in excess of the minimum of once per six months must be included in the semi-annual report if analyzed in accordance with 40 CFR 136 methods.
(c)
The supervisor may impose mass limitations on 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 such cases, the periodic compliance report shall indicate the mass
of pollutants regulated by pretreatment standards in the effluent
of the user. These reports shall contain the results of sampling and
analysis of the discharge, including the flow and the nature and concentration,
or productions and mass where requested by the supervisor, of pollutants
contained herein which are limited by the applicable pretreatment
standards. The frequency of monitoring shall be at the discretion
of the city. All analysis, shall be performed in accordance with procedures
established by the EPA pursuant to section 304(g) of the Act and contained
in 40 CFR, part 136, and amendments thereto or with any other test
procedures approved by the EPA. Sampling shall he performed in accordance
with the techniques approved by the EPA.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-79; Ordinance 2020-028 adopted 7/27/20)
(a)
It shall be the policy of the city not to require or accept confidential
information from industrial users unless necessary to meet state or
federal requirements or to stop or prevent interference or damage
to the POTW. Any information furnished to the city by an industrial
user which the user considers confidential shall be clearly marked
or stamped “confidential business information” on each
page containing such information. 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, and unless such information may be otherwise withheld in
accordance with state law, including the Texas Public Information
Act, chapter 552 of the Texas Government Code.
(b)
Wastewater constituents and characteristics and any other effluent
data collected either by the user or the city will not be recognized
as confidential information and shall be made available to the public
without restriction. Information accepted by the city as confidential
will not be transmitted to the general public by the city until and
unless a ten (10) day notification is given to the user, and unless
such information may be otherwise withheld in accordance with state
law, including the Texas Public Information Act, chapter 552 of the
Texas Government Code.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-80; Ordinance 2020-028 adopted 7/27/20)
(a)
No provision contained herein shall be construed as preventing any
agreement or arrangement between the city and any industrial user
whereby industrial waste of unusual strength or character may be accepted
by the city for treatment, subject to any applicable state and/or
federal limitations and requirements and to payment therefor by the
industrial user for all or some portion of the cost to the city involved
in the handling and treating of such industrial wastes, as may be
established by the city council.
(b)
When discharges of waste of unusual strength or character are accepted
by the city for treatment, the city may enter into an agreement or
arrangement providing the following:
(1)
Terms of acceptance by the city;
(2)
Fees, charges and payments for the treatment of waste of unusual
strength or character;
(3)
Sewer connections, construction and procedures for discharge in accordance
with all applicable requirements of this code;
(4)
Fees and charges for sampling, analysis and reporting results of
testing of discharge;
(5)
Provisions for re-negotiation or re-evaluation of agreement elements.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-81; Ordinance 2020-028 adopted 7/27/20)
Whenever the city finds that any user has violated or is violating
this article, wastewater contribution permit and/or any prohibition,
limitations or requirements herein, the city may serve upon such person
a written notice stating the nature of the violation. Within thirty
(30) days of the date of the notice, a plan for the satisfactory correction
thereof shall be submitted to the city by the user. This thirty (30)
day period does not relieve the user of any liability for damages,
fees, and other costs incurred by the city due to the user’s
violation.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-82; Ordinance 2020-028 adopted 7/27/20)
(a)
The supervisor, with the recommendation of the city engineer and
with the consent of the city manager, may order suspension of the
water and/or wastewater treatment service and/or revoke wastewater
contribution permit when such suspension or revocation is necessary,
in the opinion of the supervisor, to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or the welfare of persons or the environment,
cause interference to the POTW, or cause the city to violate any NPDES
or TPDES permit condition.
(b)
Any person notified of an order to suspend the water and/or the wastewater
treatment service and/or the wastewater contribution permit shall
immediately stop or eliminate the contribution. If such person fails
to comply voluntarily with the suspension order, the city shall take
such steps as deemed necessary including immediate suspension of water
and/or wastewater treatment service, to prevent or minimize damage
to the POTW system or endangerment to any individuals. The supervisor
may rescind a suspension order, if the harmful contribution is immediately
and voluntarily stopped and the supervisor has reason to believe it
will not recur. The city shall reinstate the wastewater contribution
permit and/or the water and/or wastewater treatment service upon proof
of the elimination of the noncompliant discharge.
(c)
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the city within fifteen
(15) days of the date of the occurrence.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-83; Ordinance 2020-028 adopted 7/27/20)
(a)
In the event of repeated unauthorized discharges, failure to meet
a compliance schedule or any repeated violations of this article by
a user, the supervisor, with the consent of the city manager and the
approval of the city attorney, may order any user to show cause why
a proposed enforcement action should not be taken. A notice shall
be served on the user specifying the time and place of a hearing to
be held regarding the violation, the reasons why the action is to
be taken, the proposed enforcement action and directing the user to
show cause why the proposed action should not be taken. The notice
of hearing shall be served personally or by registered or certified
mail (return receipt requested) at least ten (10) days before the
hearing. Service may be made on any authorized representative of an
industrial user.
(b)
The city council shall appoint an attorney licensed and actively
practicing law in the state as hearing examiner, to perform the following
functions:
(1)
Issue in the name of the city council notices of hearings requesting
the attendance and testimony of witnesses and the production of any
evidence relevant to any matter involved in such hearings;
(2)
Conduct the hearing;
(3)
Deliver a transcript of the hearing and his recommendation to the
city council for action thereon.
(c)
After the city council has reviewed the evidence, it may issue an
order to the user responsible for the discharge directing that, following
a specified time period, the sewer service or water service may be
discontinued unless adequate treatment facilities, devices or other
related appurtenances are properly operated. Further orders and directives
as are necessary and appropriate may be issued.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-84; Ordinance 2020-028 adopted 7/27/20)
(a)
The city may recover all reasonable costs of repairing damages to
the POTW, of sampling, analysis, inspection, cleanup, costs of paying
fines or penalties which result from a discharge not in compliance
with this article, and any other costs incurred by the city in controlling
discharges in violation of this article.
(b)
Billing for recovery of such costs shall be by letter to the discharger,
sent certified or registered mail, (return receipt requested), which
states the specific violation(s), the damages and penalties sustained
by the city, the costs of those damages and penalties, and the costs
the city has determined as attributable to the discharge and billed
to the discharger.
(c)
The costs are due and payable by the discharger upon receipt of the
letter. Nonpayment or disputes regarding the amount within ten (10)
days shall be cause for termination of water and/or wastewater service.
It shall be unlawful for anyone but an authorized city employee to
reconnect service. Any reconnection fees in effect are applicable.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-85; Ordinance 2020-028 adopted 7/27/20)
(a)
The city will accept BOD5 of up to two hundred
fifty (250) mg/l and TSS of up to two hundred fifty (250) mg/l as
normal domestic wastewater. The city may elect to accept BOD5 and TSS in excess of two hundred fifty (250) mg/l.
BOD5 and TSS over the value of two hundred
fifty (250) mg/l shall be subject to an excessive strength surcharge.
These surcharges shall be calculated on a monthly basis using metered
wastewater contribution as a volume factor, if provided by the user,
or one hundred (100) percent of water usage. A surcharge may also
be levied on ammonia concentrations over thirty (30) mg/l.
(b)
The total fat, oil, and grease allowed by this article is one hundred
(100) mg/l, whether free or emulsified. When this parameter is determined
on a grab sample, any amount over the allowable limit shall be added
in milligrams per liter to the BOD5 and TSS
values used for purposes of surcharge calculation.
(c)
Unless otherwise specified, samples shall be twenty-four (24) hour
composites. When a flow recording device is provided the samples may
be flow-weighted; otherwise, a simple composite sample shall be used.
(d)
The surcharges shall be based on all samples taken in the previous
month or the most recent sample available. In no case shall the sampling
basis be less than two (2) twenty-four (24) hour composite samples
per year if a surcharge is levied or two (2) separate grab samples
as appropriate.
(e)
The city may elect to set a minimum surcharge. Regular sampling may
be suspended on those users considered by the supervisor to be consistently
below the minimum surcharge. When sampling has been suspended, periodic
grab samples may be used to determine if regular sampling should be
reinstated.
(f)
Prior to the end of a surcharge period, the user may elect to have his discharge re-sampled by the city for purposes of increasing the number of samples to be averaged during a particular surcharge period if the user believes and the city agrees that the additional samples will cause the average to better reflect the user’s wastewater contribution for a particular surcharge period. If city sampling equipment is unavailable, user must supply the proper equipment at his own expense. The city shall retake one (1) sample for each sample taken in the normal sampling program for a charge equal to the city’s expense. Sampling at the request of the user in greater frequency than stated above shall be elective on the part of the supervisor; charges for such sampling may be at a flat rate of three (3) times the city’s cost. The user may request, no later than the onset of sampling, a split or duplicate of any sample taken by the city for surcharge calculation or compliance with any portion of this article. Excessive strength rates are established in section A10.004 of the fee schedule in appendix A of this code.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-86; Ordinance 2020-028 adopted 7/27/20; Ordinance adopting 2021 Code)
If any person discharges industrial or other wastes or sewage
into the city’s wastewater facilities contrary to the provisions
of this article, federal or state pretreatment requirements, or any
order of the city, the city attorney may commence an action for appropriate
legal and/or equitable relief in a court of competent jurisdiction.
Such action(s) may include temporary or permanent injunctive relief,
as appropriate, which restrains or compels the performance of specific
activities by the user. A petition for injunctive relief shall not
be a bar against, or a prerequisite for, taking any other action against
the user. In addition, the city may recover reasonable attorney’s
fees, court costs, court reporter’s fees and other expenses
of litigation.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-87; Ordinance 2020-028 adopted 7/27/20)
Any user who is found to have violated an order of the city
council or who willfully or negligently failed to comply with any
provision of this article, the orders issued in accordance with authority
granted in this article and permits issued hereunder, may be enjoined
from doing the prohibited act(s) and may be mandated to do required
acts. In addition to the penalties provided herein, the city may recover
reasonable attorneys’ fees, court costs, court reporters’
fees and other expenses of litigation by appropriate suit at law against
the person found to have violated this article or the orders, rules,
regulations, and permits issued hereunder.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-88; Ordinance 2020-028 adopted 7/27/20)
Any person who knowingly makes any false statements, representations
or certifications in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article,
or wastewater contribution permit, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required
under these provisions, shall be subject to the laws of the state
prohibiting the same.
(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-89; Ordinance 2020-028 adopted 7/27/20)
