(a) 
Definitions.
For purposes of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Approving authority.
The mayor or his duly authorized representative.
BOD (biochemical oxygen demand).
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° centigrade.
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 Jacksboro, Texas, or any authorized person acting in its behalf.
COD (chemical oxygen demand).
A measure of the oxygen-consuming capacity of inorganic and organic 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 manhole.
A manhole giving 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.
Garbage.
Animal and 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 waste.
Waste resulting from any process of industry, manufacturing, trade, or business or from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater.
Industrial waste charge.
The charge made on those persons who discharge industrial wastes into the city's sewerage system.
Milligrams per liter (mg/l).
The same as parts per million and is a weight-to-volume ratio; the milligrams-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
Natural outlet.
Any outlet into a watercourse ditch, lake or other body of surface water or groundwater.
Normal domestic wastewater.
Wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 200 mg/l and BOD is not more than 200 mg/l.
Overload.
The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Person.
Includes a corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
pH.
The reciprocal of the logarithm (base 10) of the hydrogen ion concentration expressed in grams per liter.
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 wastes or a combination of both, and into which storm water, surface water, groundwater, and other unpolluted wastes are not intentionally passed.
Slug.
Any discharge of water, wastewater, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
Standard Methods.
The examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, as prepared, approved, and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.
Storm sewer.
A public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.
Storm water.
Rainfall or any other forms of precipitation.
Superintendent.
The water and wastewater superintendent of the city or his duly authorized deputy, agent, or representative.
Suspended solids.
Solids measured in mg/l that either float on the surface of or are in suspension in water, wastewater, or other liquids, and which are largely removable by a laboratory filtration device.
To discharge.
Includes 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.
Trap.
A device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes or other harmful substances.
Unpolluted wastewater.
Water containing no free or emulsified grease or oil; no acids or alkalis; no phenols or other substances producing taste or odor in receiving water; no toxic or poisonous substances in suspension, colloidal state or solution; no noxious or otherwise obnoxious or odorous gases; not more than ten mg/l each of suspended solids and BOD; and color not exceeding 50 units as measured by the platinum-cobalt method of determination as specified in Standard Methods.
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 waste from residences, business buildings, institutions, and industrial establishments, together with any ground, surface, and storm water that may be present.
Wastewater facilities.
Includes all facilities for collecting, 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.
Wastewater treatment plant.
Any city-owned facilities, devices, and structures used for receiving, processing and treating wastewater, industrial waste, and sludges from the sanitary sewers.
Watercourse.
A natural or man-made channel in which a flow of water occurs, either continuously or intermittently.
(b) 
Abbreviations.
The following abbreviations, when used in this division, shall have the designated meanings:
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
DPW
Director of public works
EPA
U.S. Environmental Protection Agency
gpd
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
SIU
Significant industrial user
TCEQ
Texas Commission on Environmental Quality
TPDES
Texas Pollutant Discharge Elimination System
TSS
Total suspended solids
TTO
Total toxic organics
USC
United States Code
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.40)
(a) 
No person may discharge into public sewers any waste which by itself or by interaction with other wastes may:
(1) 
Injure or interfere with wastewater treatment processes or facilities.
(2) 
Constitute a hazard to humans or animals or water treatment plant effluent.
(b) 
All discharges shall conform to requirements of this division.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.41)
(a) 
No discharge into public sewers may contain the following:
(1) 
Cyanide greater than 1.0 mg/l.
(2) 
Fluoride other than that contained in the public water supply.
(3) 
Chlorides in concentrations greater than 250 mg/l.
(4) 
Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(5) 
Substances causing an excessive chemical oxygen demand (COD).
(b) 
No waste or wastewater discharged into public waters may contain the following:
(1) 
Strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not.
(2) 
Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150° Fahrenheit (0° and 65° centigrade).
(3) 
Objectionable or toxic substances, exerting an excessive chlorine requirement, to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the public works superintendent for such materials.
(4) 
Obnoxious, toxic, or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of subsection (a) above.
(c) 
No waste, wastewater, or other substance may be discharged into public sewers which has a pH lower than 5.5 or higher than 10.0, or any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel at the wastewater facilities.
(d) 
All waste, wastewater, or other substance containing phenols, hydrogen sulfide, or other taste-and odor-producing substances shall conform to concentration limits established by the approving authority. After treatment of the composite wastewater, concentration limits may not exceed the requirements established by state, federal, or other agencies with jurisdiction over discharges to receiving waters.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.42)
No discharges may contain concentrations of heavy metals greater than amounts specified in this division.
(1) 
Maximum concentrations.
(A) 
The maximum allowable concentrations of heavy metals stated in terms of milligrams per liter (mg/l), determined on the basis of individual sampling in accordance with Standard Methods, are:
Arsenic
0.05 mg/l
Barium
5.0 mg/l
Boron
1.0 mg/l
BOD
200 mg/l
Cadmium
0.02 mg/l
Chromium
5.0 mg/l (total)
Copper
1.0 mg/l
Lead
0.1 mg/l
Manganese
1.0 mg/l
Mercury
0.005 mg/l
Nickel
1.0 mg/l
Selenium
0.02 mg/l
Silver
0.1 mg/l
TSS
200 mg/l
Zinc
5.0 mg/l
(B) 
Note: In determining the concentration parameters to be included in the ordinances, current state, federal, and other appropriate agency rules, regulations, and orders should be consulted, including Texas Water Quality Board Order 70-0828-5 regulating the discharge of hazardous metals into or adjacent to state waters.
(2) 
Permit required.
No other heavy metals or toxic materials may be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes, and other applicable provisions.
(3) 
Prohibited heavy metals.
Prohibited heavy metals and toxic materials include but are not limited to the following:
Antimony
Beryllium
Bismuth
Cobalt
Molybdenum
Tin
Uranyl ion
Rhenium
Strontium
Tellurium
Herbicides
Fungicides
Pesticides
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.43)
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. Particles greater than one-half inch in any dimension are prohibited.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.44)
(a) 
No person may discharge into public sanitary sewers any of the following:
(1) 
Unpolluted storm water, surface water, groundwater, roof runoff, or subsurface drainage.
(2) 
Unpolluted cooling water.
(3) 
Unpolluted industrial process waters.
(4) 
Other unpolluted drainage.
(b) 
In compliance with the Texas Quality Act and other standards, the approving authority may designate storm sewers and other watercourses into which unpolluted drainage described in this division may be discharged.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.45)
No person may discharge liquid or vapor having a temperature higher than 150° Fahrenheit (65° centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of 10° Fahrenheit or more per hour, or a combined total increase of plant influent temperature to 110° Fahrenheit.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.46)
No person may discharge radioactive wastes or isotopes into public sewers without the permission of the approving authority. The approving authority may establish regulations for discharge of radioactive wastes into public sewers.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.47)
No person may discharge into the public sewers any substance capable of causing obstruction to the flow in sewers, interference with the operation of treatment processes of facilities, or excessive loading of treatment facilities.
(1) 
Discharges prohibited herein include, but are not limited to, materials which exert or cause concentrations of:
(A) 
Inert suspended solids greater than 250 mg/l, including but not limited to fuller's earth, lime slurries, and lime residues.
(B) 
Dissolved solids greater than 500 mg/l, including but not limited to sodium chloride and sodium sulfate.
(C) 
Excessive discoloration, including but not limited to dye wastes and vegetable tanning solutions.
(D) 
BOD, COD, or chlorine demand in excess of normal plant capacity.
(2) 
No person may discharge into public sewers any substance that may:
(A) 
Deposit grease or oil in the sewer lines in such a manner as to clog the sewers.
(B) 
Overload skimming and grease-handling equipment.
(C) 
Pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the non-amenability of the substance to bacterial action.
(D) 
Deleteriously affect the treatment process due to excessive quantities.
(3) 
No person may discharge any substance into public sewers which:
(A) 
Is not amenable to treatment or reduction by the process and facilities employed.
(B) 
Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(4) 
The approving authority shall regulate the flow and concentration of slugs when they may:
(A) 
Impair the treatment process.
(B) 
Cause damage to collection facilities.
(C) 
Incur treatment costs exceeding those for normal wastewater.
(D) 
Render the waste unfit for stream disposal or industrial use.
(5) 
No person may discharge into public sewers solid or viscous substances which may violate this section if present in sufficient quantity or size, including but not limited to ashes; cinders; sand; mud; straw; shavings; metal; glass; rags; feathers; tar; plastics; wood; unground garbage; whole blood; paunch manure; hair and fleshings; entrails; paper products, either whole or ground by garbage grinders; slops; chemical residues; paint residues; or bulk solids.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.48)
(a) 
Unless exception is granted by the approving authority, the public sewer system shall be used by all persons discharging any of the following:
(1) 
Wastewater.
(2) 
Industrial waste.
(3) 
Polluted liquids.
(4) 
Unpolluted waters or liquids.
(b) 
Unless authorized by the state commission on environmental quality, no person may deposit or discharge any waste included in this division on public property in or adjacent to any:
(1) 
Natural outlet.
(2) 
Watercourse.
(3) 
Storm sewer.
(4) 
Other area within the jurisdiction of the city.
(c) 
The approving authority shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state, and local governments.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.49)
(a) 
If discharges or proposed discharges to public sewers may deleteriously affect wastewater facilities, processes, equipment, or receiving waters, create a hazard to life or health, or create a public nuisance, the approving authority shall require pretreatment to an acceptable condition for discharge to the public sewers, control over the quantities and rates of discharge, and payment to cover the cost of handling and treating the wastes.
(b) 
The approving authority is entitled to determine whether a discharge or proposed discharge is included under this division.
(c) 
The approving authority shall reject wastes when:
(1) 
It determines that a discharge or proposed discharge is included under this section.
(2) 
The discharger does not meet the requirements of this division.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.50)
(a) 
If pretreatment or control is required, the approving authority shall review and approve design and installation of equipment and processes.
(b) 
The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances, and other laws.
(c) 
Any person responsible for discharges requiring pretreatment, flow-equalizing, or other facilities shall provide and maintain the facilities in effective operating condition at his own expense.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.51)
(a) 
Discharges requiring a trap include:
(1) 
Grease or waste containing grease in excessive amounts.
(2) 
Oil.
(3) 
Sand.
(4) 
Flammable wastes.
(5) 
Other harmful ingredients.
(b) 
Any person responsible for discharges requiring a trap shall, at his own expense and as required by the approving authority, provide equipment and facilities of a type and capacity approved by the approving authority, locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection, and maintain the trap in effective operating condition.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.52)
Any person responsible for discharges through a building sewer carrying industrial wastes shall, at his own expense and as required by the approving 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.
(3) 
Maintain the equipment and facilities.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.53)
(a) 
Sampling.
(1) 
Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage works and determining the existence of hazards to health, life, limb, and property.
(2) 
Note: The particular analysis involved will determine whether a 24-hour composite sample from all outfalls of the premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls. Where applicable, 16-hour, 8-hour or some other period may be required. Periodic grab samples are used to determine pH.
(b) 
Analysis of characteristics of waters and wastes.
Examination and analysis of the characteristics of waters and wastes required by this division shall be conducted in accordance with the latest edition of Standard Methods and determined from suitable samples taken at the control manhole provided or other control point authorized by the approving authority.
(c) 
BOD and suspended solids.
BOD and suspended solids shall be determined from composite sampling. The city may select an independent firm or laboratory to determine flow, BOD, and suspended solids. Also, the city is entitled to select the time of sampling at its sole discretion so long as at least annual samples are taken. Industrial waste shall be sampled for BOD and total suspended solids and reports submitted to the city each month.
(d) 
Reports.
All significant industrial users shall, at a frequency determined by the director of public works but in no case less than once every six months, submit a report to the director of public works 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. At the city's discretion, sampling and analysis may be performed by the city in lieu of industrial monitoring.
(e) 
Records retention.
All users subject to this division shall retain, preserve and make available for inspection and copying, for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analysis made by or in behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the control authority pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Records shall include the date, exact place, method, and time of sampling, and the name of the person taking the sample; the date the analyses were performed and who performed them; analytical techniques or methods used; and results.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.54)
(a) 
Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment as follows.
(b) 
When discharges of industrial waste are approved by the approving authority, the city, or its authorized representative person, shall enter into an agreement or arrangement providing terms of acceptance by the city and payment by the person making the discharge.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.55)
(a) 
Waste that does not cause overloading.
If the volume or character of the waste to be treated by the city does not cause overloading of the sewage collection, treatment, or disposal facilities of the city, then, prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay an industrial waste charge to be determined from the formula in section 12.04.099 [12.04.098].
(b) 
Waste that will cause overloading.
If the volume or character of the waste to be treated by the city requires that wastewater collection, treatment, or other disposal facilities of the city be improved, expanded, or enlarged in order to treat the waste, then, prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the city may incur due to acceptance of the waste.
(c) 
Agreement.
The agreement entered into pursuant to subsection (a) above shall include but not be limited to amortization of all capital outlay for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste.
(d) 
Amortization.
Amortization shall be completed in a 20-year period and payment shall include all debt service costs.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.56)
Industrial waste charges shall be determined by resolution duly adopted by the city council. The following formula shall be used, subject to change by resolution:
(1) 
Ci = Q/1000 x CW x (BOD/200) x (TSS/200).
(2) 
Ci = Charge to industrial customer.
(3) 
Q = Total monthly flow in gallons.
(4) 
CW = Maximum commercial wastewater unit charge in $1,000.00 gal.
(5) 
BOD = Actual total amount of BOD (mg/l) in industrial influent.
(6) 
TSS = Actual total amount of TSS (mg/l) in industrial influent.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.57)
(a) 
Annual adjustment.
The city shall adjust charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing.
(b) 
Increases retroactive; duration of increase.
Increases in charges shall be retroactive for two billing periods and shall continue for six billing periods unless subsequent tests determine that the charge should be further increased.
(c) 
City to review basis for charges.
The city shall review at least semi-annually the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on the previous year's experience.
(d) 
Monthly billing.
The city shall bill the discharger by the month and shall show industrial waste charges as a separate item on the regular bill for water and sewer charges. The discharger shall pay monthly in accordance with practices existing for payment of sewer charges.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.58)
A person discharging industrial wastes into public sewers prior to the effective date of this division may continue without penalty as long as he:
(1) 
Does not increase the quantity, BOD or TSS of the discharge, without permission of the approving authority.
(2) 
Has discharged the industrial waste at least six months prior to the effective date of this division.
(3) 
Applies for and is granted a permit no later than 150 days after the effective date of this division.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.59)
In addition to sanctions provided for by this division, the city is entitled to exercise sanctions provided for by the other provisions of this article for failure to pay the bill for water and sanitary sewer service when due.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.60)
(a) 
The city may grant a permit to discharge to persons meeting all requirements of the savings clause provided that the person:
(1) 
Submits an application within 120 days after the effective date of this division on forms supplied by the approving authority.
(2) 
Secures approval by the approving authority of plans and specifications for pretreatment facilities when required.
(3) 
Has complied with all requirements for agreements or arrangements including, but not limited to, provisions for payment of charges, installation and operation of pretreatment facilities, and sampling and analysis to determine quantity and strength.
(4) 
Provides a sampling point subject to the provisions of this article and approval of the approving authority.
(b) 
A person applying for a new discharge shall meet all conditions of this division and secure a permit prior to discharging any waste.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.61)
The approving authority and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this division.
(1) 
Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection.
(2) 
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.
(3) 
The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purposes of inspection, observation, measurement, sampling or repair; maintenance of any portion of the sewerage system supplying within the easements; and conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property involved.
(4) 
No person acting under authority of this provision may inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the kind and source of discharge to the public sewers.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.62)
(a) 
The city may terminate water and wastewater disposal service and disconnect an industrial customer from the system when:
(1) 
Acids or chemicals damaging to sewer lines or treatment process are released to the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater.
(2) 
A governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the city's system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment.
(3) 
The industrial customer discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority; discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system; fails to pay monthly bills for water and sanitary sewer services when due; or repeats a discharge of prohibited wastes to public sewers.
(4) 
The customer will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this section why the proposed action should not be taken. Exercise of this option by the DPW shall not be a bar to, or a prerequisite for, taking any other action against the user.
(b) 
If service is terminated pursuant to subsection (a)(3) [(a)(2)], the city shall disconnect the customer, supply the customer with the governmental agency's report and provide the customer with all pertinent information, and continue termination until such time as the industrial customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his industrial wastes.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.63)
When the DPW finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the DPW may serve upon that user a written notice of violation stating the nature of the violation and providing a reasonable time limit for satisfactory compliance as determined by the director of public works. The time limit will be based on the seriousness of the violation but will not exceed 180 days. Within ten days of the receipt of this notice, 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 DPW. 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 DPW to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.65)
The DPW may order a user which has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the DPW 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 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.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.66)
When the DPW finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the DPW 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.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.67)
(a) 
When the DPW finds that a user has violated, or continues to violate, any provision of this division, 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 DPW may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
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.
(b) 
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.68)
The DPW 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 DPW 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.
(1) 
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 DPW 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 DPW may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the DPW that the period of endangerment has passed, unless the termination proceedings in section 12.04.104 are initiated against the user.
(2) 
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 DPW prior to the date of any show cause or termination hearing under section 12.04.104 or 12.04.107. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.69)
When the DPW finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the DPW may petition the municipal court through the city 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 division on activities of the user. The DPW 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.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.70)
(a) 
A user who has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $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 DPW 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.
(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 O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.71)
(a) 
Penalty.
A user who violates any provision of this division, 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 $2,000.00 per violation, per day, or imprisonment as decided by an appropriate court, or both.
(b) 
Discharge causing personal injury or property damage.
A user who 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 subsection (a) above. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) 
False statements or representations; tampering with monitoring device.
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 division, or a wastewater discharge permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division, shall, upon conviction, be subject to the same penalties described in subsection (a) above.
(d) 
Criminal responsibility.
A culpable mental state is not required to prove an offense under this division. A person is criminally responsible for a violation of this division 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 this article.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.72)
The remedies provided for in this division are not exclusive. The DPW 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's enforcement response plan. However, the DPW may take other action against any user when the circumstances warrant. Further, the DPW is empowered to take more than one enforcement action against any noncompliant user.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.73)
(a) 
National pretreatment standards.
If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this division 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 division.
(b) 
Waste treated by other governmental entity.
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 division, 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 DPW is authorized to issue a discharge permit to an industrial user affected by subsection (b)(1) above, to insure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the DPW may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the DPW an expected 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 DPW chooses not to issue or amend a permit under subsection (b)(2) above, the DPW 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 DPW shall take the appropriate action to notify the affected industrial user of an occurrence under this subsection.
(c) 
Variances in compliance dates.
The DPW may grant a variance in compliance dates to an industry when, in the DPW's opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the DPW 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 DPW may establish regulations, not in conflict with this division or 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 DPW.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.74)
(a) 
Upsets.
In an action brought in federal court only.
(1) 
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.
(2) 
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (a)(3) below are met.
(3) 
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
(A) 
An upset occurred and the user can identify the cause(s) of the upset;
(B) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(C) 
The user has submitted the following information to the DPW within 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days:
(i) 
A description of the indirect discharge and cause of noncompliance;
(ii) 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(iii) 
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(4) 
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(5) 
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.
(6) 
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.
(b) 
Acts of God or other catastrophe.
In an action brought in municipal or state court only.
(1) 
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.
(2) 
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.
(3) 
In the event that subsections (b)(1) and (2) above have 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.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.75)
(a) 
Definitions.
For the purposes of this section:
(1) 
Bypass
means the intentional diversion of wastestreams from any portion of a user's treatment facility.
(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) 
Allowable bypass.
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 provisions of subsection (c) below.
(1) 
If a user knows in advance of the need for bypass, it shall submit prior notice to the DPW, at least ten days before the date of the bypass, if possible.
(2) 
A user shall submit oral notice to the DPW of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five 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 DPW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(c) 
Conditions.
(1) 
Bypass is prohibited, and the DPW 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 backup 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
(C) 
The user submitted notices as required under subsection (b) above.
(2) 
The DPW may approve an anticipated bypass, after considering its adverse effects, if the DPW determines that it will meet the three conditions listed in subsection (c)(1) above.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.76)
Any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $2,000.00 and each day any violation continues shall constitute a separate offense.
(Ordinance O-01-08 adopted 1/22/2008; 1997 Code, sec. 51.99)