(a)
This
regulation sets forth uniform requirements for users of the publicly
owned treatment works for the city and enables the city to comply
with all applicable state and federal laws, including the Clean Water
Act (33 United States Code §§ 1251 et seq.) and the General
Pretreatment Regulations (40 Code of Federal Regulations part 403).
The objectives of this regulation are:
(1)
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation;
(2)
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
(3)
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
(4)
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
(5)
To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the publicly owned treatment
works; and
(6)
To enable the control authority to comply with its National Pollutant
Discharge Elimination System permit conditions, sludge use and disposal
requirements, and any other federal or state laws to which the publicly
owned treatment works is subject.
(b)
This
regulation shall apply to all users of the publicly owned treatment
works. The regulation authorizes the issuance of wastewater discharge
permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
(Ordinance 2229-21 adopted 4/6/21)
Except as otherwise provided herein, the MDPU shall administer,
implement, and enforce the provisions of this regulation. Any powers
granted to or duties imposed upon the MDPU may be delegated by the
MDPU to other city personnel.
(Ordinance 2229-21 adopted 4/6/21)
The following abbreviations, when used in this regulation, shall
have the designated meanings:
|
* BMP - Best management practice
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* BMR - Baseline monitoring report
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* BOD - Biochemical oxygen demand
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* CFR - Code of Federal Regulations
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* CIU - Categorical industrial user
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* COD - Chemical oxygen demand
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* EPA - U.S. Environmental Protection Agency
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* gpd - gallons per day
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* IU - Industrial user
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* mg/l - milligrams per liter
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* MDPU - Managing director of public utilities
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* NAICS - North American Industrial Classification System
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* NPDES - National Pollutant Discharge Elimination System
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* NSCIU - Non-significant categorical industrial user
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* POTW - Publicly owned treatment works
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* RCRA - Resource Conservation and Recovery Act
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* ROCRWS - Trinity River Authority of Texas Red Oak Regional
Wastewater System
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* SIC - Standard industrial classification
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* SIU - Significant industrial user
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* SNC - Significant noncompliance
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* TCEQ - Texas Commission on Environmental Quality
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* TMCRWS - Trinity River Authority of Texas Ten Mile Creek Regional
Wastewater System
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* TPDES - Texas Pollutant Discharge Elimination System
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* TRA - Trinity River Authority
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* TSS - Total suspended solids
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* TTO - Total toxic organics
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* U.S.C. - United States Code
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(Ordinance 2229-21 adopted 4/6/21)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this regulation, shall have the meanings
hereinafter designated.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The executive director of the Texas Commission on Environmental
Quality (TCEQ) where the state has been delegated NPDES permit authority
and has an approved pretreatment program.
If the user is a corporation:
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship: A general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
A director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in subsection (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 13.905(a) and (b) [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at 20° centigrade, usually expressed as a concentration (e.g.,
mg/l).
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C.
§ 1317) which apply to a specific category of users and which
appear in 40 C.F.R. chapter I, subchapter N, parts 405–471.
The City of DeSoto or the city council of DeSoto.
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples. The sample may be composited
either as a time composite sample: composed of discrete sample aliquots
collected at constant time intervals providing a sample irrespective
of stream flow; or as a flow proportional composite sample: collected
either as a constant sample volume at time intervals proportional
to flow, or collected by increasing the volume of each aliquot as
the flow increases while maintaining a constant time interval between
the aliquots.
Trinity River Authority of Texas as holder of the TPDES permit.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where daily maximum limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where daily maximum limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The U.S. Environmental Protection Agency or, where appropriate,
the regional water management division director, or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to the source if
the standard is thereafter promulgated in accordance with section
307 of the act.
A user the city has determined requires a permit to discharge,
other than a local government, which is located outside the jurisdiction
of the city, and which discharges or plans to discharge to the POTW.
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under section 307(b), (c), or (d) of the Act.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations, or its sludge processes, use, or
disposal; and therefore is a cause of a violation of the control authority’s
NPDES or TPDES permit or of the prevention of sewage sludge use or
disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder, or any more stringent state
or local regulations: section 405 of the Act, the Solid Waste Disposal
Act, including title II commonly referred to as the Resource Conservation
and Recovery Act (RCRA); 40 C.F.R. pt. 503, sludge regulations; any
state regulations contained in any state sludge management plan prepared
pursuant to subtitle D of the Solid Waste Disposal Act and 30 TAC
312; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research, and Sanctuaries Act.
The person designated by the city who is charged with certain
duties and responsibilities by this regulation. The term also means
a duly authorized representative of the managing director of public
utilities.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
The sum of all “daily discharges” measured during
a calendar month divided by the number of “daily discharges”
measured during that month.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the Act, which will be applicable to the source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility, or installation
meeting the criteria of section (1)(B) or (C) above but otherwise
alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous onsite construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
Wastewater which the average concentration of suspended solids
and five-day BOD does not exceed 250 mg/l each.
A system used by the federal government for collecting and
organizing industry-related statistics The NAICS codes are updated
every five years to stay current with industry developments.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the control authority’s NPDES
or TPDES permit, including an increase in the magnitude or duration
of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural,
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing the pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes, by process changes, or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
Water that comes into direct contact with or results from
the production or use of any raw material, intermediate product, finished
product, byproduct, waste product, or wastewater, and/or as defined
in a national pretreatment standard.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 13.905 of this regulation.
A “treatment works”, as defined by section 212
of the Act (33 U.S.C. § 1292), which is owned by the city and/or
the control authority. This definition includes any devices or systems
used in the collection, storage, treatment, recycling, and reclamation
of sewage or industrial wastes of a liquid nature and any conveyances
which convey wastewater to a treatment plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
is mandatory; May is permissive.
Significant Industrial User (SIU).
(A)
(B)
(i)
(ii)
(iii)
(C)
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW’s operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in subsection (B) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that the user should not be considered a significant industrial user.
Non-Significant Categorical Industrial User (NSCIU).
(A)
(i)
(ii)
(iii)
(B)
(i)
(ii)
(iii)
The city may determine that an industrial user subject to categorical
pretreatment standards is a non-significant categorical industrial
user (NSCIU) upon finding the IU meets the following criteria:
The industrial user never discharges more than 100 gallons per
day (gpd) of total categorical wastewater (excluding sanitary, non-contact
cooling and boiler blowdown wastewater, unless specifically included
in the pretreatment standard);
The industrial user is required by a categorical pretreatment
standard to not discharge categorical wastewater unless the city has
determined there is no potential for the industrial user to discharge
the prohibited categorical wastewater;
The industrial user is subject to numeric categorical pretreatment
standard(s) and does not discharge categorical wastewater unless the
city has determined there is no potential for the industrial user
to discharge categorical wastewater;
The following conditions must be met for an industrial user
classified as a NSCIU:
The industrial user, prior to city’s finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in section 13.920(c) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated
wastewater.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 13.905 of this regulation. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any way violate the POTW’s regulations, local limits or permit conditions.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
The sum of the masses or concentration of the toxic organic
compounds listed in 40 CFR122 appendix D, table 2, excluding pesticides,
found in an industrial user’s discharge at a concentration greater
than 0.01mg/L. Only those parameters reasonably suspected to present,
if any, shall be analyzed for local limit compliance if required by
the MDPU. For categorical SIU’s, with categorical TTO monitoring
requirements, TTO parameter selection is specific to the federal category
MDPU.
Texas Pollutant Discharge Elimination System permit program
of the Texas Commission on Environmental Quality with federal regulatory
authority to act on an approved pretreatment program.
A source of indirect discharge.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
The portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
(Ordinance 2229-21 adopted 4/6/21)
(a)
General
Prohibitions.
No user shall introduce or cause to be
introduced into the POTW any pollutant or wastewater which causes
pass through or interference. These general prohibitions apply to
all users of the POTW whether or not they are subject to categorical
pretreatment standards or any other national, state, or local pretreatment
standards or requirements.
(b)
Specific
Prohibitions.
No user shall introduce or cause to be
introduced into the POTW the following pollutants, substances, or
wastewater:
(1)
Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, wastestreams with a closed-cup flashpoint of less
than 140°F (60°C) using the test methods specified in 40 CFR
261.21;
(2)
Wastewater having corrosive properties capable of causing damage or injury to structures, equipment and/or personnel of the POTW, as per the specific prohibition in the applicable local limits in section 13.907;
(3)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference, blockage, or damage
to the POTW;
(4)
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate or pollutant concentration which, either
singly or by interaction with other pollutants, will cause interference
with the POTW;
(5)
Wastewater having a temperature greater than 150°F (65°C),
or which will inhibit biological activity in the treatment plant resulting
in interference, but in no case wastewater which causes the temperature
at the introduction into the treatment plant to exceed 104°F (40°C);
(6)
Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference and/or pass through, and in amounts specified in section 13.907 of this regulation;
(7)
Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems;
(8)
Trucked or hauled pollutants, except at discharge points designated by the MDPU and the in accordance with section 13.914 of this regulation;
(9)
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair;
(10)
Wastewater which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions, which consequently imparts color to the treatment plant’s
effluent, thereby violating the applicable NPDES or TPDES permit;
(11)
Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state or federal regulations;
(12)
Stormwater, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, and unpolluted wastewater, unless specifically
authorized by the MDPU;
(13)
Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(14)
Medical wastes, except as specifically authorized by the MDPU, that
do not cause or contribute to pass through and/or interference;
(15)
Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail a toxicity test;
(16)
Detergents, surface-active agents, or other substances which may
cause excessive foaming in the POTW;
(17)
Fats, oils, or greases of animal or vegetable origin in concentrations greater than that specified in the applicable local limits in section 13.907;
(18)
A discharge of water, normal domestic wastewater, or industrial waste
which in quantity of flow exceeds, for a duration of longer than fifteen
minutes, more than four times the average twenty-four-hour flow during
normal operations of the industry;
(19)
Insecticides and herbicides in concentrations that are not amenable
to treatment;
(20)
Garbage that is not properly shredded to such an extent that all
particles will be carried freely under the flow conditions normally
prevailing in wastewater mains, with no particle having greater than
one-half (1/2) inch cross-sectional dimension;
(21)
Wastewater or industrial waste generated or produced outside the
city, unless approval in writing from the MDPU has been given to the
person discharging the waste; or
(22)
Without the approval of the MDPU, a substance or pollutant other
than industrial waste, normal domestic wastewater, septic tank waste,
or chemical toilet waste that is of a toxic or hazardous nature, regardless
of whether or not it is amenable to treatment, including but not limited
to bulk or packaged chemical products.
(c)
Processing
and Storage.
Pollutants, substances, or wastewater prohibited
by this section shall not be processed or stored in such a manner
that they could be discharged to the POTW.
(Ordinance 2229-21 adopted 4/6/21)
The categorical pretreatment standards found at 40 CFR chapter
I, subchapter N, parts 405–471 are hereby incorporated.
(1)
Where
a categorical pretreatment standard is expressed in terms of either
the mass or the concentration of a pollutant in wastewater, the MDPU
may impose equivalent concentration or mass limits in accordance with
40 CFR 403.6(c)(1).
(2)
When
wastewater subject to a categorical pretreatment standard is mixed
with wastewater not regulated by the same standard, the MDPU shall
impose an alternate limit using the combined wastestream formula in
40 CFR 403.6(e).
(3)
A user
may obtain a variance from a categorical pretreatment standard if
the user can prove, pursuant to the procedural and substantive provisions
in 40 CFR 403.13, that factors relating to its discharge are fundamentally
different from the factors considered by the EPA when developing the
categorical pretreatment standard.
(4)
A user
may obtain a net gross adjustment to a categorical standard in accordance
with 40 CFR 403.15.
(Ordinance 2229-21 adopted 4/6/21)
The following pollutant limits are established to protect against
pass through and interference and apply at the point where the wastewater
is discharged to the POTW. No person shall discharge, or cause or
permit to be discharged, wastewater containing in excess of the following
instantaneous maximum allowable discharge limits.
(1)
Toxic
pollutants specified in the following table:
|
Toxic Pollutant
|
TRA TMCRWS Instantaneous Maximum Allowable Discharge Limit
(mg/L)
|
TRA ROCRWS Instantaneous Maximum Allowable Discharge Limit
(mg/L)
|
|---|---|---|
|
Arsenic
|
0.30
|
0.100
|
|
Barium
|
-
|
1.000
|
|
Cadmium
|
0.10
|
0.100
|
|
Chromium
|
4.00
|
1.000
|
|
Copper
|
2.40
|
1.500
|
|
Cyanide
|
1.71
|
2.0
|
|
Lead
|
2.00
|
1.000
|
|
Manganese
|
-
|
1.500
|
|
Mercury
|
0.0002
|
0.005
|
|
Molybdenum
|
3.74
|
-
|
|
Nickel
|
4.94
|
1.000
|
|
Selenium
|
0.27
|
0.050
|
|
Silver
|
0.16
|
0.100
|
|
Zinc
|
10.0
|
2.000
|
|
Oil and grease
|
200
|
100
|
|
Total toxic organics
|
2.13
|
1.0
|
|
pH
|
5.5 to 11.0 standard units
|
6.0 to 11.0 standard units
|
(2)
All
concentrations for metallic substances are for “total”
metal unless indicated otherwise. The MDPU may impose mass limitations
in addition to, or in place of, the concentration-based limitations
above.
(Ordinance 2229-21 adopted 4/6/21)
The city reserves the right to establish, by ordinance or in
wastewater discharge permits, more stringent standards or requirements
on discharges to the POTW.
(Ordinance 2229-21 adopted 4/6/21)
No user shall ever increase the use of process water, or in
any way attempt to dilute a discharge, as a partial or complete substitute
for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard
or requirement. The MDPU may impose mass limitations on users who
are using dilution to meet applicable pretreatment standards or requirements,
or in other cases when the imposition of mass limitations is appropriate.
(Ordinance 2229-21 adopted 4/6/21)
No industry shall discharge wastewater containing a BOD or TSS
loading that causes the city’s prorata share of the total BOD
or TSS loading to the POTW system to exceed the city’s prorata
share of the total flow to the POTW system. (Example: if the city
contributes 25% of the total wastewater flow to the system, the city’s
cumulative BOD or TSS loading to the system, as measured at the city’s
points of entry to the system, shall not exceed 25% of the total BOD
or TSS loading to the system.) Any industry with a wastewater strength
that will cause the city’s cumulative wastewater loading, at
the city’s points of entry, to exceed the city’s prorata
share of the total wastewater loading based upon flow, shall be required
to install pretreatment facilities to reduce its wastewater strength
to an acceptable level.
(Ordinance 2229-21 adopted 4/6/21)
Users shall provide wastewater treatment as necessary to comply with this regulation and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 13.905 of this regulation within the time limitations specified by EPA, the state, or the MDPU, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the MDPU for review, and shall be acceptable to the MDPU before the facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to city under the provisions of this regulation.
(Ordinance 2229-21 adopted 4/6/21)
(a)
Whenever
deemed necessary, the MDPU may require users to restrict their discharge
during peak flow periods, designate that certain wastewater be discharged
only into specific sewers, relocate and/or consolidate points of discharge,
separate sewage wastestreams from industrial wastestreams, and require
such other conditions as may be necessary to protect the POTW and
determine the user’s compliance with the requirements of this
regulation.
(b)
The
MDPU may require any person discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage
and flow-control facility to ensure equalization of flow. A wastewater
discharge permit may be issued solely for flow equalization.
(c)
Grease,
oil, and sand interceptors shall be provided when, in the opinion
of the MDPU, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil, or sand; except that
these interceptors shall not be required for residential users. All
interception units shall be of type and capacity approved by the MDPU
and shall be so located to be easily accessible for cleaning and inspection.
Such interceptors shall be inspected, cleaned, and repaired regularly,
as needed, by the user at their expense.
(d)
Users
with the potential to discharge flammable substances may be required
to install and maintain an approved combustible gas detection meter
or other control device as deemed necessary by the MDPU.
(e)
The MDPU may develop best management practices (BMPs), and require users to implement such BMPs if necessary to protect the POTW. Such BMPs would be supplemental and not used as a replacement for compliance with local limits listed in section 13.907 and prohibited discharge standards in section 13.905.
(Ordinance 2229-21 adopted 4/6/21)
The MDPU shall evaluate whether each permitted significant industrial
user needs a slug control plan or other action to control slug discharges
no later than (1) one year of the SIU determination. The MDPU may
require any user to develop, submit for approval, and implement such
a plan. All the activities associated with slug control evaluation
and results are to be kept in the industrial user file. A slug control
plan shall address, at a minimum, the following:
(1)
Description
of discharge practices, including non-routine batch discharges;
(2)
Description
of stored chemicals;
(3)
Procedures for immediately notifying the MDPU and control authority of any slug discharge, as required by section 13.935 of this regulation; and
(4)
Procedures
to prevent adverse impact from any slug discharge. Such procedures
include, but are not limited to, inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic pollutants,
including solvents, and/or measures and equipment for emergency response.
(Ordinance 2229-21 adopted 4/6/21)
(a)
Septage waste may be introduced into the POTW only at locations designated by the MDPU, and at such times as are established by the MDPU. Such waste shall not violate sections 13.905–13.910 of this regulation or any other requirements established by the city. The MDPU may require septic tank waste haulers to obtain wastewater discharge permits.
(b)
Septage
waste haulers must provide a waste-tracking form for every load. This
form shall include, at a minimum, the name and address of the waste
hauler, permit number, truck identification, names and addresses of
sources of waste, and volume and characteristics of waste. The form
shall identify the type of generator, known or suspected waste constituents,
and whether any wastes are RCRA hazardous wastes.
(Ordinance 2229-21 adopted 4/6/21)
When requested by the MDPU, a user must submit information on
the nature and characteristics of its wastewater by the deadline stipulated.
The MDPU is authorized to prepare a form for this purpose and may
periodically require users to update this information.
(Ordinance 2229-21 adopted 4/6/21)
(a)
No significant industrial user or nonsignificant categorical industrial user (NSCIU) shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the MDPU, who may disallow any or all discharges until a wastewater discharge permit is issued, except that a significant industrial user or a NSCIU that has filed a timely application pursuant to section 13.917 of this regulation may continue to discharge for the time period specified therein.
(b)
The
MDPU may require other users to submit a completed permit application
or survey form, including monitoring data, and to obtain wastewater
discharge permits as necessary to carry out the purposes of this regulation.
To determine the status of a user in relation to this regulation,
users may be required to perform sampling as specified by the MDPU.
(c)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this regulation and subjects the wastewater discharge permittee to the sanctions set out in sections 13.947 through 13.957 of this regulation. Obtaining a wastewater discharge permit does not relieve a permittee of the obligation to comply with all federal and state pretreatment standards or requirements with any other requirements of federal, state, and local law.
(Ordinance 2229-21 adopted 4/6/21)
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this regulation and who wishes to continue such discharges in the future, shall, within ninety (90) days after that date, apply to the MDPU for a wastewater discharge permit in accordance with section 13.919 of this regulation, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this regulation except in accordance with a wastewater discharge permit issued by the MDPU. If, in the MDPU’s judgment, the passing of this article does not significantly affect the industrial user’s current permit, then the existing permit will continue through to the expiration date.
(Ordinance 2229-21 adopted 4/6/21)
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of the discharge. An application for this wastewater discharge permit, in accordance with section 13.919 of this regulation, must be filed a minimum of ninety (90) days prior to the date upon which any discharge will begin or recommence.
(Ordinance 2229-21 adopted 4/6/21)
(a)
All
users required to obtain a wastewater discharge permit must submit
a permit application. The MDPU may require all users to submit as
part of an application the following information:
(2)
Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW;
(3)
Number and type of employees, hours of operation, and proposed or
actual hours of operation;
(4)
Each product produced by type, amount, process or processes, and
rate of production;
(5)
Type and amount of raw materials processed (average and maximum per
day);
(6)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
(7)
Time and duration of discharges; and
(8)
Any other information as may be deemed necessary by the MDPU to evaluate
the wastewater discharge permit application.
(b)
Incomplete
or inaccurate applications will not be processed and will be returned
to the user for revision.
(Ordinance 2229-21 adopted 4/6/21)
(a)
An
authorized representative of the user must sign all wastewater discharge
permit applications, user reports, and enforcement responses. Wastewater
discharge permit applications and user reports as identified in 40
CFR §403.12(b), (d), (e), and (h), must contain the following
certification statement:
|
“I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.”
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(b)
If
the designation of an authorized representative of the user is no
longer accurate because a different individual or position has responsibility
for the overall operation of the facility or overall responsibility
for environmental matters for the company, a new written authorization
satisfying the requirements of this section must be submitted to the
MDPU prior to or together with any reports to be signed by an authorized
representative of the user.
(c)
A facility determined to be a non-significant categorical industrial user (NSCIU) by the MDPU pursuant to section 13.904 definition “significant industrial user” subsection (2) must annually submit the signed certification statement signed in accordance with the signatory requirements in subsection (C) of the “nonsignificant categorical industrial user” definition. This certification must accompany an alternative report required by the MDPU.
|
“Based on my inquiry of the person or persons directly
responsible for managing compliance with the categorical pretreatment
standards under 40 CFR _____, I certify that, to the best of my knowledge
and belief that during the period from __________, __________ to __________,
__________ [months, days, year]:
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(1)
| |
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(2)
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The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and the facility never
discharged more than 100 gallons of total categorical wastewater on
any given day during this reporting period.
|
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(3)
|
This compliance certification is based on the following information:
|
|
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________________________________
|
|
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_______________________________”
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(Ordinance 2229-21 adopted 4/6/21)
The MDPU will evaluate the data furnished by the user and may
require additional information. Within a reasonable time from receipt
of a complete wastewater discharge permit application, the MDPU will
determine whether or not to issue a wastewater discharge permit. The
MDPU may deny any application for a wastewater discharge permit.
(Ordinance 2229-21 adopted 4/6/21)
A wastewater discharge permit shall be issued for a specified
time period, not to exceed five (5) years from the effective date
of the permit. A wastewater discharge permit may be issued for a period
less than five (5) years, at the discretion of the MDPU. Each wastewater
discharge permit will indicate a specific date upon which it will
expire.
(Ordinance 2229-21 adopted 4/6/21)
A wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the MDPU to prevent pass through
or interference, protect the quality of the water body receiving the
treatment plant’s effluent, protect worker health and safety,
facilitate sludge management and disposal, and protect against damage
to the POTW.
(1)
Wastewater
discharge permits must contain:
(A)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years;
(B)
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with section 13.925 of this regulation, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(C)
Effluent limits, including best management practices based on applicable
pretreatment standards;
(D)
Self-monitoring, sampling, reporting, notification, and record-keeping
requirements including those for BMPs. These requirements shall include
an identification of pollutants to be monitored, sampling location,
sampling frequency, and sample type based on federal, state, and local
law;
(E)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law; and
(F)
Requirements to control slug discharge, if determined by the MDPU
to be necessary.
(2)
Wastewater
discharge permits may contain, but need not be limited to, the following
conditions:
(A)
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
(B)
Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into
the treatment works;
(C)
Requirements for the development and implementation of spill control
plans or other special conditions including management practices necessary
to adequately prevent accidental, unanticipated, or nonroutine discharges;
(D)
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(E)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
(F)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
(G)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal and state pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit;
(H)
Requirements to implement BMPs, if determined by the MDSS to be necessary;
and
(I)
Other conditions as deemed appropriate by the MDPU to ensure compliance
with this regulation, and state and federal laws, rules, and regulations.
(Ordinance 2229-21 adopted 4/6/21)
The MDPU may modify a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(1)
To
incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
To
address significant alterations or additions to the user’s operation,
processes, or wastewater volume or character since the time of the
wastewater discharge permit issuance;
(3)
A change
in the POTW that requires either a temporary or permanent reduction
or elimination of the authorized discharge;
(4)
Information
indicating that the permitted discharge poses a threat to the POTW,
POTW personnel, or the receiving waters;
(5)
Violation
of any terms or conditions of the wastewater discharge permit;
(6)
Misrepresentations
or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
(7)
Revision
of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
(8)
To
correct typographical or other errors in the wastewater discharge
permit; or
(9)
To
reflect a transfer of the facility ownership or operation to a new
owner or operator.
(Ordinance 2229-21 adopted 4/6/21)
(a)
Wastewater
discharge permits may be transferred to a new owner or operator only
if the permittee gives a minimum of sixty (60) days advance notice
to the MDPU and the MDPU approves the wastewater discharge permit
transfer. The notice to the MDPU must include a written certification
by the new owner or operator which:
(b)
Failure
to provide advance notice of a transfer renders the wastewater discharge
permit void as of the date of facility transfer.
(Ordinance 2229-21 adopted 4/6/21)
(a)
The
MDPU may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
(1)
Failure to notify the MDPU of significant changes to the wastewater
prior to the changed discharge;
(2)
Failure to provide prior notification to the MDPU of changed conditions pursuant to section 13.934 of this regulation;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the MDPU timely access to the facility premises
and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
(13)
Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this regulation.
(b)
Wastewater
discharge permits shall be voidable upon cessation of operations or
transfer of business ownership. All wastewater discharge permits issued
to a particular user are void upon the issuance of a new wastewater
discharge permit to that user.
(Ordinance 2229-21 adopted 4/6/21)
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 13.919 of this regulation, a minimum of sixty (60) days prior to the expiration of the user’s existing wastewater discharge permit.
(Ordinance 2229-21 adopted 4/6/21)
(a)
A municipality
which contributes wastewater to the POTW, shall enter into an interlocal
agreement with the city prior to contributing such wastewater.
(Ordinance 2229-21 adopted 4/6/21)
(a)
An
extrajurisdictional user shall apply for a permit in accordance with
this ordinance at least ninety (90) days prior to discharging to the
POTW.
(b)
This section does not apply to extrajurisdictional users in jurisdictions which have an agreement with the city pursuant to section 13.928.
(c)
A wastewater discharge permit issued to an extrajurisdictional user shall be in the form of a contract, and must include, at a minimum, the components found in 40 CFR 403.8(f)(1)(iii) and shall require the approval of the city’s council. An extrajurisdictional user shall agree to all the terms of this ordinance and the terms of its wastewater discharging contract in accordance with the procedures set forth in section 13.923 of this article prior to discharging into the POTW.
(Ordinance 2229-21 adopted 4/6/21)
(a)
Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the MDPU a report which contains the information listed in subsection (b), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that will become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the MDPU a report which contains the information listed in subsection (b), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged
(b)
Users
described above shall submit the information set forth below.
(1)
Identifying Information.
The name and address of the
facility, including the name of the operator and owner.
(2)
Environmental Permits.
A list of any environmental control
permits held by or for the facility.
(3)
Description of Operations.
A brief description of the
nature, average rate of production, and standard industrial classifications
and/or North American Industry Classifications (NAICS) of the operation(s)
carried out by the user. This description should include a schematic
process diagram which indicates points of discharge to the POTW from
the regulated processes.
(4)
Flow Measurement.
Information showing the measured or
estimated average daily and maximum daily flow, in gallons per day,
to the POTW from regulated process streams and other streams, as necessary,
to allow use of the combined wastestream formula set out in 40 CFR
403.6(e).
(5)
Measurement of Pollutants.
(A)
The categorical pretreatment standards applicable to each regulated
process (and any new categorically regulated processes for existing
sources).
(B)
The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the MDPU, of regulated
pollutants in the discharge from each regulated process.
(C)
Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required, shall be reported.
(D)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 13.939 of this regulation. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the MDPU or the applicable standards to determine compliance with the Standard.
(E)
If discharge flow conditions are representative of daily operations,
the user shall take a minimum of one representative sample to compile
that data necessary to comply with the requirements of this section.
The MDPU may require additional representative sampling to be conducted.
(F)
Representative samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately downstream from
the regulated process if no pretreatment exists. If other wastewaters
are mixed with the regulated wastewater prior to pretreatment the
User should measure the flows and concentrations necessary to allow
use of the combined wastestream formula in 40 CFR 304.6(e) to evaluate
compliance with pretreatment standards.
(G)
The MDPU may allow the submission of a baseline report which utilizes
only historical data so long as the data provides information sufficient
to determine the need for industrial pretreatment measures.
(H)
The baseline report shall indicate the time, date and place of sampling
and method of analysis, and shall certify that such sampling and analysis
is representative of normal work cycle and expected pollutant discharges
to the POTW.
(6)
Certification.
A statement, reviewed by the user’s
authorized representative of the user and certified by a qualified
professional, indicating whether pretreatment standards are being
met on a consistent basis, and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment are required
to meet the pretreatment standards and requirements.
(7)
Compliance Schedule.
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide the additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 13.931 of this regulation.
(Ordinance 2229-21 adopted 4/6/21)
The following conditions shall apply to the compliance schedule required by section 13.930(b)(7) of this regulation:
(1)
The
schedule shall contain progress increments in the form of dates for
the commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to
meet the applicable pretreatment standards (such events include, but
are not limited to, hiring an engineer, completing preliminary and
final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No
increment referred to above shall exceed nine (9) months;
(3)
The
user shall submit a progress report to the MDPU no later than fourteen
(14) days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with
the increment of progress, the reason for any delay, and, if appropriate,
the steps being taken by the user to return to the established schedule;
and
(4)
In
no event shall more than nine (9) months elapse between the progress
reports to the MDPU.
(Ordinance 2229-21 adopted 4/6/21)
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to those pretreatment standards and requirements shall submit to the MDPU a report containing the information described in section 13.930(b)(4)–(6) of this regulation. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. In cases where the categorical pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the applicable categorical pretreatment standard necessary to determine the compliance status of the user. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 13.920 of this regulation. All sampling will be done in conformance with section 13.940 of the regulation.
(Ordinance 2229-21 adopted 4/6/21)
(a)
All significant industrial users shall, at a frequency determined by the MDPU but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the categorical pretreatment standard or the MDPU requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the MDPU or the applicable categorical pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with section 13.920 of this regulation.
(b)
All non-significant categorical industrial users (NSCIU) shall submit a report annually in the month specified by the MDPU. The report shall be completed according to the city’s current reporting requirements, including the submittal of the applicable certification statement found in section 13.920 of this regulation.
(c)
All
wastewater samples must be representative of the user’s discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
(Ordinance 2229-21 adopted 4/6/21)
Each user must notify the MDPU of any planned significant changes
to the user’s operations or system which might alter the nature,
quality, or volume of its wastewater a minimum of thirty (30) days
prior to the change.
(1)
The MDPU may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 13.919 of this regulation.
(3)
For
purposes of this requirement, significant changes include, but are
not limited to, flow increases of 20% or greater, and the discharge
of any previously unreported pollutants that are determined to be
of concern.
(Ordinance 2229-21 adopted 4/6/21)
(a)
In
the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
city and the control authority of the incident. This notification
shall include the location of the discharge, type of waste, concentration
and volume, if known, and corrective actions taken by the user.
(b)
Within
five (5) days following that discharge, the user shall, unless waived
by the MDPU, submit a detailed written report describing the cause(s)
of the discharge and the measures to be taken by the user to prevent
similar future occurrences. Such notification shall not relieve the
user of any expense, loss, damage, or other liability which may be
incurred as a result of damage to the POTW, natural resources, or
any other damage to person or property; nor shall this notification
relieve the user of any fines, penalties, or other liability which
may be imposed pursuant to this regulation.
(c)
A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (a), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(d)
Significant
industrial users are required to notify the MDPU immediately of any
changes at its facility affecting the potential for a slug discharge.
(Ordinance 2229-21 adopted 4/6/21)
All users not required to obtain a wastewater discharge permit
shall provide appropriate reports to the MDPU as the MDPU may require.
(Ordinance 2229-21 adopted 4/6/21)
If sampling performed by a user indicates a violation, the user
must notify the MDPU within twenty-four (24) hours of becoming aware
of the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the MDPU within thirty
(30) days after becoming aware of the violation. The user is not required
to resample if the MDPU monitors at the user’s facility at least
once a month, or if the MDPU samples between the user’s initial
sampling and when the user receives the results of this sampling or
if the MDPU has performed the sampling and analysis in lieu of the
user.
(Ordinance 2229-21 adopted 4/6/21)
(a)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under section 13.934 of this regulation. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections 13.930, 13.932, and 13.933 of this regulation.
(b)
Dischargers are exempt from the requirements of subsection (a), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c)
In
the case of any new regulations under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the MDPU, the
POTW, the EPA regional waste management waste division director, and
state hazardous waste authorities of the discharge of that substance
within ninety (90) days of the effective date of such regulations.
(d)
In
the case of any notification made under this section, the user shall
certify that it has a program in place to reduce the volume and toxicity
of hazardous wastes generated to the degree it has determined to be
economically practical.
(e)
This
provision does not create a right to discharge any substance not otherwise
permitted to be discharged by this regulation, a permit issued thereunder,
or any applicable federal or state law.
(Ordinance 2229-21 adopted 4/6/21)
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with the techniques prescribed
in 40 CFR 136, and amendments thereto, unless otherwise specified
in an applicable categorical pretreatment standard. If 40 CFR 136
does not contain sampling or analytical techniques for the pollutant
in question, or where the EPA determines that the part 136 sampling
and analytical techniques are inappropriate for the pollutant in question
sampling and analyses shall be performed by using validated analytical
methods or any applicable sampling and analytical procedures, including
procedures suggested by the MDPU the EPA, TCEQ, or other parties approved
by EPA.
(Ordinance 2229-21 adopted 4/6/21)
(a)
Except
as indicated in section (b) and (c) below, the user must collect wastewater
samples using 24-hour flow-proportional composite sampling techniques,
unless time-proportional composite sampling or grab sampling is authorized
by the MDPU. Where time-proportional composite sampling or grab sampling
is authorized by the city, the samples must be representative of the
discharge. Using protocols (including appropriate preservation) specified
in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples
collected during a 24-hour period may be composited prior to the analysis
as follows: For cyanide, total phenols, and sulfides the samples may
be composited in the laboratory or in the field; for volatile organics
and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized
by the city, as appropriate. In addition, grab samples may be required
to show compliance with instantaneous limits.
(b)
Samples
for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection
techniques.
(c)
For sampling required in support of baseline monitoring and 90-day compliance reports required in sections 13.930 and 13.932 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data does not exist; for facilities for which historical sampling data are available, the MDPU may authorize a lower minimum. For the reports required by section 13.933 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(Ordinance 2229-21 adopted 4/6/21)
Written reports will be deemed to have been submitted on the
date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
(Ordinance 2229-21 adopted 4/6/21)
Users subject to the reporting requirements of this chapter
shall retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this regulation and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements, and documentation associated with best management
practices established in this regulation. Records shall include the
date, exact place, method, and time of sampling, and the name of the
person(s) taking the samples; the dates analyses were performed; who
performed the analyses; the analytical techniques or methods used;
and the results of the analyses. These records shall remain available
for a period of at least three (3) years. This period shall be automatically
extended for the duration of any litigation concerning the user or
the city, or where the user has been specifically notified of a longer
retention period by the MDPU.
(Ordinance 2229-21 adopted 4/6/21)
The MDPU and/or the control authority, TCEQ, or USEPA or their
designated representative shall have the right to enter the premises
of any user to determine whether the user is complying with all requirements
of this regulation and any wastewater discharge permit or order issued
hereunder. Users shall allow inspecting or sampling person ready access
to all parts of the premises for the purposes of inspection, sampling,
records examination and copying, and the performance of any additional
duties.
(1)
Where
a user has security measures in force which require proper identification
and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation
of suitable identification, the city, control authority, TCEQ, or
USEPA will be permitted to enter without delay for the purposes of
performing specific responsibilities.
(2)
The
MDPU and/or control authority shall have the right to set up on the
user’s property, or require installation of, such devices as
are necessary to conduct sampling and metering of the user’s
operations. All sampling and analysis performed by the MDPU and/or
control authority to monitor compliance shall be at the expense of
the industrial user.
(3)
The
MDPU may require the user to install monitoring equipment as necessary.
The facility’s sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the user
at its own expense. All devices used to measure wastewater flow and
quality shall be calibrated, at a minimum, annually to ensure their
accuracy.
(4)
Any
temporary or permanent obstruction to safe and easy access to the
facility to be inspected or sampled shall be promptly removed by the
user at the written or verbal request of the MDPU and shall not be
replaced. The costs of clearing the access shall be borne by the user.
(5)
Unreasonable
delays in allowing the inspecting or sampling person access to the
user’s premises shall be a violation of this regulation.
(6)
In
accordance with 40 CFR 403, the city shall inspect and monitor each
significant industrial user a minimum of once per year. If the city
elects to perform compliance monitoring for the significant industrial
user then the city will monitor the industry a minimum of semiannually.
(7)
The
city shall inspect each NSCIU a minimum of once per year. If the city
elects to perform compliance monitoring for the NSCIU then the city
will monitor the industry a minimum of one time each permit cycle.
(Ordinance 2229-21 adopted 4/6/21)
If the MDPU and/or control authority has been refused access
to a building, structure, or property, or any part thereof, and is
able to demonstrate probable cause to believe that there may be a
violation of this regulation, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the
city designed to verify compliance with this regulations or any permit
or order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the MDPU and/or control
authority may seek issuance of a search warrant from an appropriate
court.
(Ordinance 2229-21 adopted 4/6/21)
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from inspection and sampling activities,
shall be available to the public without restriction, unless the user
specifically requests, and is able to demonstrate to the satisfaction
of the city and/or control authority, that the release of that information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that the information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall only be available pursuant to the requirements of the Texas
Public Information Act, but shall be made available immediately upon
request to governmental agencies for uses related to the NPDES or
TPDES program or pretreatment program, and in enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics, and other “effluent data” as defined
by 40 CFR 2.302, will not be recognized as confidential information
and will be available to the public without restriction.
(Ordinance 2229-21 adopted 4/6/21)
The MDPU shall publish annually, in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served
by the POTW, a list of the users which, at any time during the previous
twelve (12) months, were in significant noncompliance with applicable
pretreatment standards and requirements. The term significant noncompliance
shall be applicable to all significant industrials users (or any other
industrial user that violates subsections (3), (4), or (8) of this
section) and shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month-period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in sections 13.905–13.910;
(2)
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month-period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by sections 13.905 through 13.910 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement as defined by section 13.905 through 13.910 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the MDPU determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(4)
Any
discharge of a pollutant that has caused imminent endangerment to
the public or to the environment, or has resulted in the MDPU’
exercise of its emergency authority to halt or prevent such a discharge;
(5)
Failure
to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6)
Failure
to provide within forty-five (45) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(7)
Failure
to accurately report noncompliance; or
(8)
Any
other violation(s), which may include a violation of best management
practices, which the MDPU determines will adversely affect the operation
or implementation of the local pretreatment program.
(Ordinance 2229-21 adopted 4/6/21)
When the MDPU finds that a user has violated, or continues to
violate, any provision of this regulation, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the MDPU may serve upon that user a written notice
of violation. Within the timeframe specified in 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 MDPU. 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 MDPU to take any action, including emergency
actions or any other enforcement action, without first issuing a notice
of violation.
(Ordinance 2229-21 adopted 4/6/21)
The MDPU may enter into consent orders, assurance of compliance, or similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 13.950 and 13.951 of this regulation and shall be judicially enforceable. Issuance of a consent order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ordinance 2229-21 adopted 4/6/21)
The MDPU may order a user which has violated or continues to
violate any provision of this regulation, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
to appear before the MDPU and show cause why the proposed enforcement
action should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action, and a request that the user show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least ten (10) days prior to the
hearing. Such notice may be served on any authorized representative
of the user. A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
(Ordinance 2229-21 adopted 4/6/21)
When the MDPU finds that a user has violated or continues to
violate any provision of this regulation, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the MDPU 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 2229-21 adopted 4/6/21)
(a)
When
the MDPU finds that a user has violated or continues to violate any
provision of this regulation, 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
MDPU may issue an order to the user directing it to cease and desist
all such violations and directing the user to:
(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 2229-21 adopted 4/6/21)
(a)
The
MDPU 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 MDPU 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 MDPU 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 MDPU may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the MDPU that the period of endangerment has passed, unless the termination proceedings in section 13.953 of this regulation 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 MDPU prior to the date of any show cause or termination hearing under sections 13.949 or 13.953 of this regulation.
(b)
Nothing
in this section shall be interpreted as requiring a hearing prior
to any emergency suspension under this section.
(Ordinance 2229-21 adopted 4/6/21)
(a)
In addition to the provisions in section 13.926 of this regulation, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user’s premises for the
purpose of inspection, monitoring, or sampling; or
(b)
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 13.949 of this regulation why the proposed action should not be taken. Exercise of this option by the MDPU shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ordinance 2229-21 adopted 4/6/21)
When the MDPU finds that a user has violated or continues to
violate any provision of this regulation, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
the MDPU may petition the city’s municipal court through the
city’s attorney for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order, or other requirement
imposed by this regulation on activities of the user. The MDPU 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 2229-21 adopted 4/6/21)
(a)
A user
who has violated, or continues to violate, any provision of this regulation,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, shall be liable to the city
a maximum civil penalty of one thousand dollars ($1,000.00) per violation,
per day. In the case of a monthly or other long-term average discharge
limit, penalties shall accrue for each day during the period of the
violation.
(b)
The
MDPU 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 2229-21 adopted 4/6/21)
(a)
A user
who intentionally, knowingly, recklessly, or negligently violates
any provision of this regulation, a wastewater discharge permit, or
order issued hereunder, or any other pretreatment standard or requirement
shall, upon conviction, be guilty of a misdemeanor, punishable by
a fine of not more than two thousand dollars ($2,000.00) per violation,
per day.
(b)
A user who intentionally, knowingly, recklessly, or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to the same penalties described in subsection (a) of this section. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c)
A user who makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this regulation, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this regulation shall, upon conviction, be subject to the same penalties described in subsection (a) of this section.
(d)
Criminal
Responsibility.
A person is criminally responsible for
a violation of this regulation if that person intentionally, knowingly,
recklessly or negligently:
(Ordinance 2229-21 adopted 4/6/21)
The remedies provided for in this regulation are not exclusive.
The MDPU 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 MDPU may take other action against any user when the
circumstances warrant. Further, the MDPU is empowered to take more
than one enforcement action against any noncompliant user.
(Ordinance 2229-21 adopted 4/6/21)
(a)
If
national pretreatment standards, categorical or otherwise, more stringent
than the discharge limits prescribed in this article are promulgated
by the United States Environmental Protection Agency for certain industries,
the more stringent national pretreatment standards will apply to the
affected industrial user. A violation of the more stringent national
pretreatment standards will also be considered a violation of this
regulation.
(b)
Applicability
of More Stringent Discharge Limits.
An industrial user
within the city who discharges industrial waste ultimately received
and treated by another governmental entity pursuant to a wholesale
wastewater contract or a reciprocal agreement with the city is subject
to the following additional rules:
(1)
If the governmental entity has more stringent discharge limits than
those prescribed by this regulation, 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 MDPU is authorized to issue a discharge permit to an industrial user affected by subsection (1), to ensure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the MDPU may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the MDPU 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 MDPU chooses not to issue or amend a permit under subsection (2), the MDPU 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 MDPU shall take the appropriate action to notify the affected industrial user of an occurrence under this subsection (4).
(c)
Variances
in Compliance Dates.
The MDPU may grant a variance in
compliance dates to an industry when, in the MDPU’s opinion,
such action is necessary to achieve pretreatment or corrective measures.
In no case shall the MDPU 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 MDPU may establish regulations, not
in conflict with this regulation or other laws, to control the disposal
and discharge of industrial waste into the wastewater system and to
ensure 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 MDPU.
(Ordinance 2229-21 adopted 4/6/21)
(a)
An
event that would otherwise be a violation that is caused solely by
an Act of God, war, strike, riot, or other catastrophe is not a violation.
(b)
In
an enforcement proceeding, the user seeking to establish the occurrence
of an Act of God, war, strike, riot, or other catastrophe shall have
the burden of proof.
(c)
In
the event that an Act of God, war, strike, riot, or other catastrophe
has been established, the user shall control production of all discharges
to the extent possible until such time as the reduction, loss, or
failure of its treatment facility is restored or an alternative method
of treatment is provided.
(Ordinance 2229-21 adopted 4/6/21)
(a)
For
the purpose 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.
(c)
Bypass
Notifications.
(1)
If a user knows in advance of the need for a bypass, it shall submit
prior notice to the MDPU, at least ten (10) days before the date of
the bypass, if possible.
(2)
A user shall submit oral notice to the MDPU of an unanticipated bypass
that exceeds applicable pretreatment standards within twenty-four
(24) hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five (5) days of the time
the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of
the bypass, including exact dates and times, and, if the bypass has
not been corrected, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the bypass. The MDPU may waive the written report on a case-by-case
basis if the oral report has been received within twenty-four (24)
hours.
(d)
Bypass.
(1)
Bypass is prohibited, and the MDPU may take an enforcement action
against a user for a bypass, unless:
(A)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(B)
There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate back-up equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
(Ordinance 2229-21 adopted 4/6/21)
(a)
The
city may adopt reasonable fees for reimbursement of costs of setting
up and operating the city’s pretreatment program, which may
include:
(1)
Fees for wastewater discharge permit applications including the cost
of processing the applications;
(2)
Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing a user’s discharge, and
reviewing monitoring reports submitted by users;
(3)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(4)
Fees for filing appeals;
(5)
Recovery of administrative and legal costs associated with enforcement
activity taken by the MDPU to address industrial user noncompliance;
(6)
Other fees as the city may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this regulation and are separate from all other fees, fines, and
penalties chargeable by the city;
(7)
Fees for treating abnormal strength wastes; and
(8)
Fees incurred from an upset, bypass, or unauthorized discharge.
(b)
Surcharge.
(1)
The city may surcharge industrial users for the treatment of abnormal
strength wastes. Water or wastes having 1) a five day biochemical
oxygen demand greater than two hundred fifty (250) parts per million
(ppm) by weight, or 2) containing more than two hundred fifty (250)
parts per million by weight of total suspended solids, shall be subject
to the review and approval of the MDPU. Where the MDPU has approved
the admission of (1) and/or (2) above into the POTW, that discharge
may be subject to a surcharge as determined by the MDPU. In no case
shall a discharge be accepted that will prevent the POTW from meeting
its NPDES or TPDES limits.
(2)
The surcharge will be assessed according to the following formula
each month using the most current pollutant concentration data and
the current month’s wastewater flow:
|
Surcharge
|
=
|
Q
|
x
|
[a(BOD - x) + b(TSS - y)][8.34]
|
|
1,000,000
|
|
Where:
|
|
Q = flow in gallons
|
|
8.34 = weight in pounds of one gallon of water
|
|
x = normal limits of BOD in domestic wastewater expressed in
milligrams per liter
|
|
y = normal limits of TSS in domestic wastewater expressed in
milligrams per liter
|
|
a = unit cost of treatment per pound of BOD
|
|
b = unit cost of treatment per pound of TSS
|
(3)
A surcharge is an additional charge by the POTW for the increased
cost of handling discharge of unusual strength and character and shall
not serve as a variance to the requirements of this regulation. Exercise
of this provision shall not be a bar to, or a prerequisite for, taking
any other action against the user.
(Ordinance 2229-21 adopted 4/6/21)
