The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abnormal sewage
means any industrial waste discharged into the authority sanitary sewer which when analyzed shows by weight a daily average total suspended solids (TSS) concentration greater than 240 mg/l or a biochemical oxygen demand (BOD) concentration greater than 210 mg/l. In addition, the director may judge independently a waste’s suitability for discharge to the POTW based upon BOD, TSS or other characteristics, and classify the waste as abnormal. Any waste in this classification must be acceptable for discharge into the POTW as defined in this article.
Act
means the Clean Water Act (33 USC 1251 et seq.), as amended.
Authority
means the city.
Authorized representative
means the authorized signatories for wastewater discharge permit applications and for reports submitted under this article and includes the following:
(1) 
A responsible corporate officer, if the discharger submitting the application or report is a corporation. This includes the president, vice-president, secretary or treasurer 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.
(2) 
The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(3) 
For a partnership or sole proprietorship, a general partner or the proprietor, respectively.
(4) 
The principal executive officer or director having responsibility for the overall operation of the facility if the discharger is a federal, state or local governmental entity, or their agents.
(5) 
A duly authorized representative of the individual designated in subsection (1), (2), (3) or (4) of this definition if:
(A) 
The authorization is made in writing by the individual described in subsection (1), (2), (3) or (4) of this definition;
(B) 
The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates (such as a plant manager), a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and
(C) 
The written authorization is submitted to the city.
If an authorization is no longer accurate because a different individual or position has responsibility, a new authorization must be submitted to the city prior to or together with any reports signed by an authorized representative.
Biochemical oxygen demand (BOD)
means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, as specified in Standard Methods, in five days at 20 degrees Celsius, expressed as parts per million by weight or in terms of milligrams per liter.
Bypass
means the intentional diversion of wastestreams or wastewater from any portion of a discharger’s wastewater treatment equipment or pretreatment facility.
Categorical pretreatment standards
means limitations on pollutant discharges to POTWs promulgated by the EPA in accordance with section 307 of the Clean Water Act that apply to specified process wastewater of particular industrial categories (40 CFR 403.6 and 405 through 471).
CFR
means Code of Federal Regulations.
Composite sample
means a mixture of grab samples collected at the same sample point at different times and composed of not less than four samples. The series of samples may be collected on a time or flow proportional basis.
(1) 
The term “time proportional composite sample” means a sampling method which combines discrete samples of constant volume collected at constant time intervals (e.g., 200-milliliter samples collected every half hour for a 24-hour period).
(2) 
The term “flow proportional composite sample” means a sampling method which combines discrete samples collected over time, based on the flow of the wastestream being sampled. There are two methods used to collect this type of sample. One method collects a constant sample volume at time intervals which vary based on the stream flow (e.g., 200 milliliters of sample collected for every 5,000 gallons discharged). The other method collects samples of varying volume, based on stream flow, at constant time intervals.
Cooling water
means the water discharged from any system of condensation such as air conditioning, cooling or refrigeration, or water used as a coolant in cooling towers where the only pollutant is thermal.
Director
means the director of public works of the city or his authorized representative.
Discharger
means any nonresidential user discharging an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches and all constructed devices and appliances appurtenant thereto. The term “discharger” includes owners and occupants of such premises.
Garbage
means solid waste from domestic or commercial preparation, cooking or dispensing of food or from the handling, storage and sale of produce.
Grab sample
means a sample which is taken from a wastestream on a one-time basis with no regard to the flow of the wastestream and without consideration of time. The sample is collected over a period of time not exceeding 15 minutes.
Industrial waste
means solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources.
Interference
means a discharge which, alone or in conjunction with a discharge from other sources, both:
(1) 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) 
Therefore is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA)), including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
Maximum daily average
means the maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a daily composite sample. When wastewater are collected and stored for more than a day prior to discharge, such as batch discharges, a laboratory test of a grab sample of the stored wastewater may be used to determine the maximum daily average concentration.
Maximum grab
means the maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a grab sample.
mg/l
means milligrams per liter.
New source
means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(1) 
The building, structure, facility or installation is constructed at a site at which no other source is located;
(2) 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source;
(3) 
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; or
(4) 
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 subsection (2) or (3) of this section 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:
(A) 
Begun, or caused to begin, as part of a continuous on-site construction program;
(i) 
Any placement, assembly, or installation of facilities or equipment; or
(ii) 
Significant site preparation work, including clearing, excavation or removal of existing buildings, structures, facilities, which is necessary for the placement, assembly or installation of new source facilities or equipment.
(B) 
Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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.
NPDES
means the National Pollutant Discharge Elimination System permit program of the Environmental Protection Agency.
O&M
means operation and maintenance.
Other wastes
means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
Owner or occupant
means the person, firm or public or private corporation using the lot, parcel of land, building or premises connected to and discharging sewage, industrial wastewater or liquid into the sanitary sewage system of the city, and who pays, or is legally responsible for the payment of, water rates or charges made against the said lot, parcel of land, building or premises, if connected to the water distribution system of the city, or who would pay or be legally responsible for such payment if so connected.
Pass-through
means the discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW’s NPDES permit.
Permit
means a wastewater discharge permit, issued to nondomestic dischargers of industrial waste into the sanitary sewerage system of the POTW.
Person
means any individual, business entity, partnership, corporation, governmental agency, or political subdivision, or any agent or employee thereof.
pH
means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in grams per liter of solution, measured and calculated in accordance with Standard Methods.
Pretreatment
means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sanitary sewer.
Pretreatment requirements
means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Pretreatment standards, national pretreatment standards or standards
means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act, which applies to industrial users. The term “pretreatment standards,” “national pretreatment standards” or “standards” includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
Publicly owned treatment works (POTW)
means any sewage treatment plant owned and operated by the authority or any other city or political subdivision receiving the city’s sanitary sewer discharge and the sewers, pipes and conveyances that convey wastewater to the POTW. The term “POTW” includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste of a liquid nature.
Sanitary sewer
means a publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage to the POTW.
Severe property damage.
(1) 
The term “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.
(2) 
The term “severe property damage” does not mean economic loss caused by delays in production.
Sewage
means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water, stormwater or other waters as may be present.
Significant change
means an increase or decrease in the volume of wastewater discharged by more than 20 percent from the data submitted in the permit application, or the deletion or addition of any pollutant regulated by the authority or by a categorical standard. Volumes are those measured by the water service meter, a verifiable estimate or a permanently installed effluent flow meter approved by the authority.
Significant industrial user
means all industrial users subject to categorical pretreatment standards and any other industrial user that:
(1) 
Discharges an average of 25,000 gallons per day or more of process wastewater to a POTW (excluding sanitary, noncontact cooling or boiler blowdown wastewater);
(2) 
Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of a POTW; or
(3) 
Is designated as such by the authority on the basis that the industrial user has a reasonable potential for adversely affecting a POTW’s operation or for violating any pretreatment standard or requirement.
Upon a finding that a noncategorical industrial user meeting the criteria for a significant industrial user has no reasonable potential for adversely affecting a POTW’s operation or for violating any pretreatment standard or requirement, the authority may at any time on its own initiative, or in response to a petition received from a noncategorical industrial user, determine such user is not a significant industrial user.
Slug or slug load
means any substance (including biochemical oxygen demand) released in a discharge at a flow rate and/or concentration which will cause a violation of the specific discharge prohibitions in section 12.08.003(b), (d) or (e) or hydraulically overload the sanitary sewer collection system. The term “slug” or “slug load” includes, but is not limited to, an accidental spill or a noncustomary batch discharge.
Standard Methods
means Standard Methods for the Examination of Water and Wastewater, a publication prepared and published jointly by the American Public Health Association, the American Waterworks Association and the Water Environment Federation, as it may be amended from time to time.
Total suspended solids (TSS)
means solids that either float on the surface of, or are in suspension in, water, sewage or other liquid and which are removable by laboratory filtering.
Unpolluted water or waste
means any water or liquid waste containing none of the following:
(1) 
Phenols or other substances to an extent imparting taste and odor in receiving waters;
(2) 
Toxic or poisonous substances in suspension, colloidal state or solution;
(3) 
Noxious or odorous gases;
(4) 
More than 10,000 parts per million, by weight, of dissolved solids, of which not more than 2,500 parts per million are chloride;
(5) 
More than ten parts per million each of TSS and BOD;
(6) 
Color not exceeding 50 color units;
(7) 
A pH value of less than 5.0 or higher than 12.0; and
(8) 
Any water or waste approved for discharge into a stream or waterway by the appropriate state authority.
Upset
means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards established in this article, due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation thereof.
Wastewater
means industrial waste, sewage or any other waste that has been used by and discharged to the POTW from any industry, commercial enterprise, household or other water consumer, including that which may be combined with any groundwater, surface water or stormwater.
(1976 Code, sec. 32-55; 1998 Code, sec. 130-81; Ordinance 200101-3200, sec. 1, adopted 1/2/01; 2013 Code, sec. 60-161)
(a) 
This article provides for prohibitions on discharges of certain substances into the public sewer system of the city from all sources, domestic, commercial, or industrial. A further purpose of this article is to set forth uniform requirements for industrial dischargers into the POTW authority wastewater collection and treatment systems, and to enable the authority to protect the public health in conformance with all applicable state and federal laws relating thereto. Parts of this article are enacted pursuant to regulations established by the U.S. Environmental Protection Agency (EPA) as set forth in 40 CFR 403.
(b) 
All categorical pretreatment standards, lists of toxic pollutants, industrial categories and other standards and categories which have been or which will be promulgated by the EPA shall be incorporated as a part of this article, as will EPA regulations regarding sewage pretreatment established pursuant to the Act, and amendment of this article to incorporate such changes shall not be necessary. The authority shall maintain current standards and regulations, which shall be available for inspection and copying.
(c) 
The objectives of this article are to:
(1) 
Prevent the introduction of pollutants into the authority wastewater system which will interfere with the normal operation of the system, including interference with the use or disposal of sludge, or contaminate the resulting sludge;
(2) 
Prevent the introduction of pollutants into the authority wastewater system which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere, or which are otherwise incompatible with the system; and
(3) 
Improve the opportunity to recycle or reclaim municipal and industrial wastewater and sludges.
(d) 
The regulation of discharges into the authority wastewater system under this article shall be accomplished through the issuance of permits, as specified in section 12.08.005, and by monitoring and inspection of facilities, according to this article.
(e) 
The director shall have the authority to promulgate such administrative regulations as are from time to time necessary for the enforcement of this article.
(1976 Code, sec. 32-56; 1998 Code, sec. 130-82; Ordinance 200101-3200, sec. 1, adopted 1/2/01; 2013 Code, sec. 60-162)
(a) 
Discharge of wastewater to storm drains and watercourses.
It shall be unlawful for any person to discharge or cause to be discharged any wastewater into any storm drain or watercourse within the city, except for those persons with approved permits for such discharges.
(b) 
Discharge of unpolluted water to sanitary sewer.
No person shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, subsurface drainage or drainage from downspouts, yard drains, yard fountains and ponds or lawn sprays into any sanitary sewer. Water from swimming pools, unpolluted industrial water or cooling water from various equipment shall not be discharged into sanitary sewers if an alternate acceptable means of disposal is available. If an alternate acceptable means of disposal is not available, such water may be discharged into the sanitary sewer, provided the water meets the discharge prohibitions and limitations of this article.
(c) 
Unapproved discharges prohibited.
It shall be unlawful for any person to deposit or discharge into the sanitary sewer any wastewater or solid, including trucked or hauled wastes, unless such deposit or discharge, at a designated discharge point, has been approved by the authority.
(d) 
Prohibited wastewater constituents.
No person shall contribute or cause to be discharged, directly or indirectly, into any public sanitary sewer, any of the following described substances, materials, water or waste:
(1) 
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
(2) 
Any water or waste which contains wax, grease, oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between 32 degrees to 150 degrees Fahrenheit, thereby contributing to clogging, plugging or otherwise restricting the flow of wastewater through the collection system.
(3) 
Pollutants which create a fire or explosion hazard in the sewer system or POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 261.21. This includes flammable or explosive liquids, solids or gases such as gasoline, kerosene, benzene, naphtha, etc., which by reason of their chemical properties or quantity may be sufficient, either alone or by interaction, to cause fire or explosion.
(4) 
Solid or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference with proper operation of the POTW, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues or bulk solids.
(5) 
Any garbage that has not been properly comminuted or shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
(6) 
Any noxious or malodorous substance which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life or forming solids in concentrations exceeding limits established in this article, or which creates any other condition deleterious to structures or treatment processes, or requires unusual provisions, attention or expense to handle such material.
(7) 
Any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or which may prevent entry into the sewers for their maintenance and repair.
(8) 
Any substance which may cause the POTW’s effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse or interfere with the reclamation process as determined pursuant to criteria in this article. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Resource Conservation and Recovery Act, the Clean Air Act, the Toxic Substances Control Act, or state standards applicable to the sludge management method being used.
(9) 
Any substance which will cause the POTW to violate its NPDES or other disposal system permits, or the receiving stream water quality standards.
(10) 
Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(11) 
Any slug load.
(12) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(13) 
Any dump or slug load of waste containing concentrated organic solvents or mixtures of solvents which are defined as hazardous by the federal Resource Conservation and Recovery Act.
(14) 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause obstruction of flow in the sewer line, or interference or pass-through.
(e) 
Wastewater limitations.
No person shall contribute or cause to be discharged, directly or indirectly, into any sanitary sewer any wastewater containing or having:
(1) 
Free or emulsified fats, oils, and greases exceeding 200 mg/l as determined by the freon extraction analytical procedure. A concentration of 500 mg/l is allowable, providing the authority has specifically determined that the waste:
(A) 
Derives from animal or vegetable materials;
(B) 
Biodegrades readily in the POTW;
(C) 
Does not cause an obstruction of flow in the sewer line; and
(D) 
The discharge is pretreated by discharge through an approved grease trap or other pretreatment process.
(2) 
Acids or alkalis capable of causing damage to sewage disposal structures or personnel or having a pH value lower than 5.0 or higher than 12.0.
(3) 
Metals in the form of compounds or elements with total concentrations exceeding the following:
 
Maximum Daily Average
(mg/l)
Maximum Grab
(mg/l)
Arsenic
0.1
0.3
Cadmium
0.3
0.3
Chromium
5.0
5.0
Copper
3.0
4.75
Lead
2.9
2.9
Mercury
0.01
0.01
Nickel
2.0
2.0
Silver
0.1
2.0
Zinc
5.0
5.0
(4) 
Cyanide or cyanogen compounds (expressed as total CN-) in excess of one mg/l.
(5) 
Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of ten parts per million.
(6) 
Radioactive wastes or isotopes with a half-life or concentration exceeding limits established by the authority in compliance with applicable state or federal regulations.
(7) 
Toxic pollutants in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or pass through the treatment plant and impair aquatic life in receiving water, as expressed by the results of acute or chronic toxicity tests of the POTW effluent.
(8) 
A temperature which inhibits or interferes with biological activity in the POTW treatment plant. In no case shall wastewater be introduced which would have a temperature exceeding 40 degrees Celsius (104 degrees Fahrenheit) upon entering the POTW treatment plant.
(9) 
Pollutants in excess of the limitations established in an applicable categorical pretreatment standard set forth in title 40 of the Code of Federal Regulations.
(10) 
Wastewaters which emanate vapors causing the atmosphere in the sewer system to exceed 20 percent of the lower explosive limit in the immediate area of the discharge.
(11) 
Limit for oil and gas at 250 mg/l.
(1976 Code, sec. 32-57; 1998 Code, sec. 130-83; Ordinance 200101-3200, sec. 1, adopted 1/2/01; 2013 Code, sec. 60-163)
(a) 
Compliance with standards.
(1) 
State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this article or any other applicable ordinance.
(2) 
No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this article.
(3) 
Where deemed appropriate, the authority may apply mass limitations expressed in pounds per day of pollutant discharged.
(b) 
Accidental discharges.
Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this article. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger’s cost and expense. When applicable, detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the authority for review, and shall be approved by the authority before construction of the facility. Review and approval of such plans and operating procedures by the authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this article. Dischargers shall notify the authority immediately upon the occurrence of a slug or accidental discharge of substances prohibited by this article. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions taken, and be signed by the discharger’s authorized representative. Any discharger discharging slugs of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the authority under state or federal law. Each employer shall instruct all applicable employees who may cause or discover such a discharge with respect to emergency notification procedures, including the proper telephone number of the authority to be notified.
(c) 
Wastewater discharges into private sewer systems.
All dischargers who discharge wastewater into a private sewer system shall comply with this article, including section 12.08.005(a); provided, however, that flow measurement may be based on metered water consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the authority’s personnel to enter onto the owner’s property for purposes of inspection and monitoring of the discharger’s premises, and for enforcement pursuant to the terms of this article.
(d) 
Prohibition of bypass.
(1) 
Bypass of a discharger’s treatment equipment or treatment facility is prohibited and the authority may take enforcement action against the discharger unless:
(A) 
The 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 use of auxiliary treatment facilities, retention of untreated wastewater, or maintenance during normal periods of downtime. This condition is not satisfied if, in the exercise of reasonable engineering judgment, adequate backup equipment should have been installed to prevent a bypass which occurred during normal periods of equipment downtime or maintenance; and
(C) 
The discharger submitted advance written notice of the need for a bypass.
(2) 
The discharger shall submit oral notice to the authority of an unanticipated bypass that exceeds categorical standards or other discharge limits within 24 hours of the time the discharger becomes aware of the bypass. Written notice shall be provided within five days of the time the discharger becomes aware of the bypass. The written notice shall include a description of the bypass and its causes, duration of the bypass, and steps taken to prevent the reoccurrence of the bypass, and must be signed by the authorized representative of the discharger.
(3) 
The authority may approve an anticipated bypass, after considering its adverse effects, if it determines that the bypass will meet all of the conditions of subsection (d)(1) of this section.
(e) 
Notification of hazardous waste discharges.
All dischargers shall notify the authority, the EPA regional waste management division director, and the state commission on environmental quality hazardous and solid waste division director, in writing, of any discharge into a POTW of any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Any notification under this subsection must be submitted in conformance with 40 CFR 403.12(p).
(1976 Code, sec. 32-58; 1998 Code, sec. 130-84; Ordinance 200101-3200, sec. 1, adopted 1/2/01; 2013 Code, sec. 60-164)
(a) 
Classification of dischargers and permits.
(1) 
All nondomestic users which discharge into the sanitary sewer system of the authority shall be grouped according to the following definitions:
(A) 
Group I - Significant industrial users.
(B) 
Group II - Commercial facilities and small industrial users: Those commercial facilities and industrial users which are not included in group I and which do not discharge a significant amount of regulated pollutants on a regular basis. Examples include automotive service shops, small food processors and photographic developing shops.
(C) 
Group III - Classed high strength users: Restaurants, car washes or other businesses which can be classed according to an average strength or abnormal strength of their wastewater.
(D) 
Group IV - Wastewater haulers: Transporters of wastewater desiring to discharge into the authority’s sanitary sewage system.
(2) 
All group I dischargers shall submit a wastewater discharge permit application to the authority on a form provided by the authority.
(3) 
No new group I user shall be allowed to discharge until issued a valid permit.
(4) 
The authority will evaluate the completed applications and data furnished by the discharger and may require additional information. If, after evaluation, the application is deemed satisfactory, then a wastewater discharge permit shall be issued within 60 days after the evaluation is complete. The wastewater discharge permit shall be subject to the terms and conditions specified herein and to the regulations of the authority.
(5) 
If the application is denied, the applicant shall be notified in writing within 30 days of the reasons for such denial. If denial is based on the authority’s determination that the applicant cannot meet the wastewater discharge limitations of this article, the authority may specify that the applicant be required to provide pretreatment of the waste before it is deemed acceptable for sewer discharge.
(6) 
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this article, pursuant to subsection (a)(5) of this section, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implement added operational and maintenance activities.
(A) 
The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this article, including, but not limited to, dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this article.
(B) 
The time increments between milestone dates established shall be the shortest practicable for the completion of the required work. Under no circumstances shall the authority permit a time increment for a single step in the compliance schedule to exceed nine months. The completion date in this schedule shall not be later than the compliance date established for applicable categorical pretreatment standards.
(C) 
Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the authority, including a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the authority.
(7) 
Prior to the approval of a permit, unless exempted by the authority, all dischargers shall provide monitoring facilities to allow inspection, sampling and/or flow measurement of wastewater before entering the sanitary sewer of the authority. Each monitoring facility shall be located on the discharger’s premises; provided, however, where such location would be impractical or cause undue hardship to the discharger, the authority may approve the placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in a safe and proper operating condition at the expense of the discharger. Failure to provide proper monitoring facilities shall be grounds for denial of a permit.
(b) 
Permit conditions.
Permits are issued to a specific discharger for a specific operation and are not assignable to another discharger or transferable to any other location without the prior written approval of the authority. Permits may include, as applicable, but shall not be limited to, the following information:
(1) 
Limits on the average and maximum amount of certain wastewater constituents to be discharged;
(2) 
Limits on the average and maximum rate and time of discharge and/or requirements for flow regulation and equalization;
(3) 
Requirements for installation and maintenance of inspection and sampling facilities;
(4) 
Location of approved discharge points;
(5) 
Additional conditions as the authority may reasonably require under particular circumstances, applying to the monitoring of a given discharge, including sampling locations, frequency of sampling, number, types and standards for tests, laboratory analysis method and reporting schedule;
(6) 
Compliance schedules;
(7) 
Requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this article;
(8) 
Duration of permit;
(9) 
Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements; and
(10) 
Statement of nontransferability.
(c) 
Reporting requirements for dischargers.
(1) 
Baseline report.
Within 180 days following the effective date for new or revised categorical pretreatment standards, or at least 90 days prior to commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to a categorical pretreatment standard shall submit to the authority a report (in a form provided by the authority) indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis, and, if not, what additional O&M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards. This report shall be signed by an authorized representative and certified by a qualified professional as stated in 40 CFR 403.12(b)(6).
(2) 
Ninety-day compliance report.
Within 90 days following the date for final compliance by the discharger with applicable categorical pretreatment standards or 90 days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to categorical pretreatment standards shall submit to the authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards or requirements are being met on a consistent basis, and, if not, what additional O&M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards or requirements. This report shall be signed by an authorized representative of the discharger.
(3) 
Periodic compliance reports.
Any discharger subject to a categorical pretreatment standard made a part of this article shall submit to the authority a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the categorical pretreatment standards hereof. Reports are required after the compliance date of such a pretreatment standard, or in the case of a new discharger, after commencement of the discharge, and are to be submitted during the months of July and January of each year. In addition, where applicable, this report shall include a record of all measured or estimated average and maximum daily flows which, during the reporting period, exceeded the average daily flow specified in subsections (b)(1) and (2) of this section. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques. The authority, taking into consideration extenuating factors, may authorize the submission of said reports on months other than those specified in this subsection and subsections (c)(1) and (2) of this section.
(4) 
Analysis and sampling procedures.
All analyses shall be performed in accordance with procedures contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 CFR 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA determines that the 40 CFR 136 techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the EPA.
(5) 
Reporting of additional monitoring.
If an industrial user subject to the reporting requirements of this section monitors any pollutant more frequently than required by the authority, using the procedures prescribed in subsection (c)(4) of this section, the results of this monitoring shall be included in the report.
(6) 
Significant noncategorical industrial user reporting.
Significant noncategorical industrial users shall submit to the authority at least once every six months (on dates as specified by the authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the authority. These reports shall be based on sampling and analysis performed in the period covered by the report and performed in accordance with the techniques described in subsection (c)(4) of this section. This sampling and analysis may be performed by the authority in lieu of the significant noncategorical industrial user.
(7) 
Notification of changed discharge.
Dischargers shall give prior written notification to the authority of any significant change in the volume or character of pollutants in the discharge.
(8) 
Authority monitoring.
Sampling and analysis for the reports required by subsections (c)(1), (2), (3) and (6) of this section may be performed by the authority in lieu of the discharger. If all information required for the report, including flow data, is collected by the authority, the discharger will not be required to submit the report or certifications.
(9) 
Signatory requirements.
All applications and compliance reports submitted to the authority must contain the following certification statement and be signed by the authorized representative: “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 ensure 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 possibility of fine and imprisonment for knowing violations.”
(d) 
Inspection and flow measurement.
(1) 
Inspection.
The authority may inspect the facilities of any discharger to determine compliance with the requirements of this article. The discharger shall allow the authority or its representatives to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling, or examination of records. All reports and records related to the provisions of this article shall be made available for copying and inspection by the authority. The authority shall have the right to set upon the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering or measuring operations. The inspectors, agents or representatives of the authority charged with the enforcement of this section shall be deemed to be performing a governmental function for the benefit and health and welfare of the general public, and neither the authority nor any individual inspector, agent or representative shall be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The failure or refusal of such owner or discharger to comply with this provision shall be grounds for the disconnection of water or sewer services to the facility. The industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the authority. Samples shall be collected in such manner as to be representative of the character and concentration of the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in 40 CFR 136. The determination of the character and concentration of industrial waste shall be made at such times and on such schedules as may be established by the authority. Should a discharger desire a determination of the quality of such industrial waste be made at some time other than that scheduled by the authority, such special determination may be made by the authority at the expense of the owner or discharger.
(2) 
Measurement of flow.
The volume of flow used in computing sewage charges shall be based upon metered water consumption or discharge as shown in the records of meter readings maintained by the city water department. Where it can be shown to the satisfaction of the director that a substantial portion of the metered water does not enter the sanitary sewer, the director may require or permit the installation of additional approved meters at the owner’s expense, to measure the quantity of water actually entering the sewer system. If approved by the director, the measured quantity of water actually entering the sewer system will be used to determine the sewer service charge. Any discharger who procures all or part of its water supply from sources other than the city water department, all or part of which is subsequently discharged into the sanitary sewer, shall install and maintain at its expense an effluent meter or flow-measuring device approved by the director for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters or measuring devices shall be read monthly. If the director determines that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, the quantity or quality of the waste shall be determined in any manner or method the director may find practicable in order to arrive at the percentage of water entering the sanitary sewage system of the authority and/or the quality of the sewage to be used to determine the sewer service charge.
(e) 
Permit modifications.
(1) 
The authority reserves the right to amend any permit issued hereunder in order to ensure compliance by the authority with applicable laws and regulations. The authority may amend any permit for good cause, including, but not limited to, the following:
(A) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements.
(B) 
Material or substantial alterations or additions to the discharger’s operation processes, or discharge volume or character, which were not considered in drafting the effective permit.
(C) 
A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(D) 
Information indicating that the permitted discharge poses a threat to the authority’s collection and treatment systems, POTW personnel or the receiving waters.
(E) 
Violation of any terms or conditions of the permit.
(F) 
Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.
(G) 
To correct typographical or other errors in the permit.
(H) 
To reflect transfer of the facility ownership and/or operation to a new owner/operator.
(I) 
Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.
(2) 
All categorical pretreatment standards promulgated and adopted by the EPA after the effective date of the ordinance from which this article is derived shall automatically become a part of this article. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by subsection (a)(2) of this section, the discharger shall apply for a permit from the authority within 180 days after the promulgation of the applicable categorical pretreatment standard by the EPA. In addition, the discharger with an existing permit shall submit to the authority, within 180 days after promulgation of an applicable categorical pretreatment standard, the information required by subsection (c)(1) of this section. The discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(f) 
Confidential information.
(1) 
All information and data submitted by a discharger to the POTW may be submitted to any state or federal agency governing the POTW. Such information shall be considered subject to public disclosure; provided, however, that the discharger may request that information not be subject to public disclosure, in accordance with 40 CFR 2, as follows:
(A) 
A discharger may assert a business confidentiality claim covering part or all of the information in a manner described subsection (f)(2) of this section, and that information covered by such a claim will be disclosed only by means of the procedures set forth in subsection (f)(2) of this section.
(B) 
If no claim of business confidentiality is asserted, all information will be subject to public disclosure without further notice to the discharger.
(2) 
Method and time of asserting business confidentiality claim. A discharger which is submitting information to the authority may assert a business confidentiality claim covering the information by placing on or attaching to the information, at the time it is submitted to the authority, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as “trade secret,” “proprietary,” or “company confidential.” Allegedly confidential portions of otherwise nonconfidential documents should be clearly identified by the discharger, and may be submitted separately to facilitate identification and handling by the authority. If the discharger desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state.
(3) 
Nothing in this section shall prevent the disclosure of information and data regarding the nature and content of a discharger’s effluent, and the frequency of discharge, or a standard or limitation to be met by the discharger, and this information shall be available to the public with no restrictions. Effluent data which cannot be held as confidential is as defined in 40 CFR 2.302.
(4) 
The provisions of this section shall be subject to any public disclosure requirements which may exist under Texas Government Code chapter 552.
(1976 Code, sec. 32-59; 1998 Code, sec. 130-85; Ordinance 200101-3200, sec. 1, adopted 1/2/01; 2013 Code, sec. 60-165)
(a) 
Revocation of permit.
The authority may revoke the permit or terminate water or sewer service of any discharger which fails to:
(1) 
Factually report the wastewater constituents and characteristics of its discharge;
(2) 
Report significant changes in wastewater constituents or characteristics;
(3) 
Allow reasonable access to the discharger’s premises by representatives of the authority for the purpose of inspection or monitoring;
(4) 
Pay sewer charges;
(5) 
Meet compliance schedules; or
(6) 
Fulfill the conditions of its permit or this article or obey any final judicial order with respect thereto.
(b) 
Notification of violation; administrative adjustment.
Whenever the authority finds that any discharger has engaged in conduct which justifies revocation of a permit, pursuant to subsection (a) of this section, the authority shall serve or cause to be served upon such discharger a written notice, either by personal delivery or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the date of receipt of the notice, the discharger shall respond in person or in writing to the authority, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof.
(c) 
Show cause hearing.
Where the violation of subsection (a) of this section is not corrected by means of administrative adjustment, the authority may order any violating discharger to show cause, before the authority or its duly authorized representative, why the proposed permit revocation action should not be taken. A written notice shall be served on the discharger by personal service, or by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the authority or its designee regarding the violation, the reasons why the enforcement action is to be taken, and the proposed enforcement action, and directing the discharger to show cause before the authority or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of the discharger. The authority shall then enter appropriate orders with respect to the alleged improper activities, if any.
(d) 
Right of appeal of administrative ruling.
Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the authority on any matter covered by this article and shall be entitled to a prompt written reply. In the event that such inquiry is by a discharger and deals with matters of performance or compliance with this article or deals with a permit issued pursuant hereto for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger’s request shall stay all enforcement proceedings pending receipt of the aforesaid written reply; provided, however, the authority may take any action it deems necessary to protect its wastewater collection and treatment system or to comply with its NPDES permit or to comply with any contract the authority has for the treatment of wastewater.
(e) 
Judicial proceedings.
The authority, with respect to the conduct of any discharger contrary to the provisions of this article, may authorize its attorney to commence any legal action in a court of competent jurisdiction for equitable and/or legal relief.
(f) 
Emergency suspension of service and discharge permits.
The authority may, for good cause shown, suspend water or wastewater service to the discharger’s facility when it appears to the authority that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons or substantial danger to the environment, interfere with the operation of a POTW, or violate any pretreatment limits imposed by this article or any permit issued pursuant to this article. Any discharger notified of the suspension of the authority’s water or wastewater service and/or the discharger’s permit shall, within a reasonable period of time, as determined by the authority, cease all discharges. In the event of the failure of the discharger to comply voluntarily with the suspension order within the specified time, the authority may commence judicial proceedings to compel the discharger’s compliance with such order or may immediately disconnect such discharger’s service line from the city water and sanitary sewer system. In the case of emergency disconnection of service, the director shall make a reasonable attempt to notify the owner or discharger before disconnecting the service line. The party whose service has been disconnected shall have an opportunity for a hearing on the issue of the illegal discharge and the disconnection as soon as possible after such disconnection has taken place. The authority may reinstate the permit and/or the wastewater or water service upon proof by the discharger of the cessation of the noncomplying discharge or elimination of conditions creating the threat of imminent or substantial danger as set forth in this subsection. The city water and/or wastewater service shall be reconnected at the discharger’s expense.
(g) 
Operating upsets.
Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this article shall inform the authority within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, the authority may at its discretion require the discharger to file a written report within five working days. The report shall specify:
(1) 
Description of the upset, its cause and the upset’s impact on a discharger’s compliance status.
(2) 
Duration of noncompliance, including exact dates and times of noncompliance, and, if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(3) 
All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
Any operating upset which was not the result of negligence on the part of the discharger, and which has been documented and verified in the manner stated in this subsection, shall be an affirmative defense to any enforcement action brought by the authority against a discharger for any noncompliance with this article which arises out of violations alleged to have occurred during the period of the upset.
(h) 
Recovery of costs incurred by authority.
Any discharger who discharges or causes a discharge producing a deposit or obstruction or causing damage to or impairing the authority’s wastewater system shall be liable to the authority for any expense, loss, or damage caused by such violation or discharge. The authority shall bill the discharger for the costs incurred by the authority for any cleaning, repair, or replacement work caused by the violation or discharge. Failure to pay such bill may result in the termination of water or wastewater service.
(i) 
Unpaid fines or penalties.
Unpaid fines or penalties shall constitute a lien against the discharger’s property.
(j) 
Falsifying information.
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished as provided in section 1.01.009.
(1976 Code, sec. 32-60; 1998 Code, sec. 130-86; Ordinance 200101-3200, sec. 1, adopted 1/2/01; 2013 Code, sec. 60-166)
(a) 
Removal credits.
Where applicable, the authority may elect to initiate a program of removal credits as part of this article to reflect the POTW’s ability to remove pollutants in accordance with 40 CFR 403.7.
(b) 
Net/gross calculations.
The authority may elect to adjust categorical pretreatment standards to reflect the presence of pollutants in the discharger’s intake water, in accordance with 40 CFR 403.15.
(c) 
Preservation of records.
All dischargers subject to this article shall retain and preserve, for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to monitoring, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the authority pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(d) 
Charges for costs of administering program.
The authority may make such charges, known as monitoring and pretreatment charges, as are reasonable for services rendered in administering the programs outlined in this article. Such charges may include, but are not limited to:
(1) 
Permitting industrial facilities;
(2) 
Inspection;
(3) 
Sample analysis;
(4) 
Monitoring; and
(5) 
Enforcement.
(e) 
Right of revision.
The authority reserves the right to amend this article to provide for more or less stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in section 12.08.002.
(f) 
Publication of list of significant violators.
The authority shall annually publish in the largest local daily newspaper a list of users that have significantly violated federal pretreatment requirements during the previous 12 months. The definition of the term “significant violation” shall be the definitions listed in 40 CFR 403.8(f)(2)(vii) and in the authority’s NPDES permit.
(1976 Code, sec. 32-61; 1998 Code, sec. 130-87; Ordinance 200101-3200, sec. 1, adopted 1/2/01; 2013 Code, sec. 60-167)
(a) 
Portions of chapter 12.5 adopted.
Pursuant to agreements pertaining to sanitary sewage treatment of industrial wastewater and sewage between the City of Forest Hill and the City of Fort Worth, the city does hereby adopt the following portions of chapter 12.5, Environmental Protection and Compliance, of the Fort Worth City Code:
(1) 
Article I, division 1, General Provisions, sections 12.5-103 through 12.5-105;
(2) 
Article I, division 3, Enforcement Options, sections 12.5-111 through 12.5-123; and
(3) 
All of article VI, Industrial Wastewater.
Such provisions are incorporated herein by reference as if fully stated verbatim herein and are attached hereto.
(b) 
Deletions, exceptions and modifications.
(1) 
Throughout the provisions adopted herein, the following deletions, exceptions or modifications are made:
(A) 
Whenever the words “City,” “City of Fort Worth” or “Fort Worth” are used, there shall be substituted “City of Forest Hill” unless otherwise noted.
(2) 
The following deletions, exceptions and modifications are made to article I, division 1:
(A) 
General Provisions.
In section 12.5-103, Definitions:
(i) 
“City” shall mean the City of Forest Hill, Texas.
(ii) 
“Collect” is deleted.
(iii) 
In the definitions of “Disposal” and “Disposer,” the words “in Article VII of this chapter” are deleted.
(iv) 
“Environmental manager” shall mean the City Manager of the City of Forest Hill and his authorized representatives.
(v) 
In the definition of “Generator,” the words “in Article VII of this chapter” are deleted.
(vi) 
In the definition of “Polluted water,” the words “in Article V, Division 2 of the chapter” are deleted.
(vii) 
In the definition of “Pollution hazard,” the words “in Article V, Division 3” are deleted.
(viii) 
In the definition of “POTW (publicly owned treatment works),” the word “City” shall and does mean the City of Fort Worth, Texas.
(ix) 
“Site operating plan” is deleted.
(3) 
The following deletions, exceptions and modifications are made in article I, division 3:
(A) 
Enforcement.
(i) 
In section 12.5-111(a), “Director” is defined as and shall mean the city manager of Forest Hill or the authorized representative of the city manager.
(ii) 
Section 12.5-111(b) is deleted in its entirety.
(iii) 
In section 12.5-112, the words “Fort Worth Municipal Court” are changed to “Forest Hill Municipal Court.”
(4) 
The following deletions, exceptions and modifications are made in article VI, Industrial Wastewater:
(A) 
In division 1, General Provisions:
(i) 
In section 12.5-600, the term “Director” shall mean the city manager of the City of Forest Hill or the authorized representative of the city manager.
(ii) 
In section 12.5-600, "Definitions," the following definition is added to be listed in alphabetical order among the other definitions:
Per-and Poly-Fluoroalkyl Substances (PFAS). The following group of synthetic chemicals used in industrial and consumer products which do not degrade easily in the environment: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perflurononanoic Acid (PFNA), perfluorohexane sulfonate (PFHxS), perfluorobutane sulfonate (PFBS), and perfluorohexanoic acid (PFHxA).
(B) 
In division 2, Discharge Prohibitions and Limits:
(i) 
Section 12.5-610(b) shall be repealed and replaced with the following:
(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, waste streams 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 a pH less than 5.0 or more than 12.0, or otherwise causing corrosive or structural damage to the POTW or equipment;
(3)
Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-half inch in any dimension;
(4)
Oil and grease.
(a)
Petroleum oil, non-biodegradable cutting oil, or non-polar products of mineral oil origin in concentrations greater than 200 mg/L;
(b)
Visible free floatable polar oils, fats, or grease or a concentration greater than 250 mg/L in wastewater discharged from industrial or commercial facilities into the POTW; and
(c)
In no case shall discharges in amounts that cause interference or operational problems with the POTW be allowed.
(5)
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(6)
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 (400°C);
(7)
Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
(8)
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;
(9)
Industrial waste.
(a)
Trucked or hauled industrial waste, except as approved in writing by the director; or
(b)
Trucked or hauled waste from any industrial activities/processes regulated by any specific category listed in 40 Code of Federal Regulations (40 CFR) Parts 405 through 471 with detectable quantities of PFAS;
(10)
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;
(11)
Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10 parts per million in water.
(12)
Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(13)
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
(14)
Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the director;
(15)
Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(16)
Medical wastes, except as specifically authorized by the director in a wastewater discharge permit;
(17)
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;
(18)
Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;
(19)
Swimming pool drainage from private residential pools. Swimming pool drainage from public and semi-public swimming pools may be discharged to the POTW with the prior consent of the director. Swimming pool filter backwash may be discharged to the POTW;
(20)
BTEX concentration greater than 1.0 mg/L; or
(21)
Any PFAS or PFAS-related substances above baseline collection system concentrations of 25 ng/L without an approved plan of correction, as defined in the dischargers permit, which employs "best management practices" (BMPs) to reduce or eliminate the pollutants within one year of detection/notification.
(ii) 
Attached to the ordinance from which this provision is derived is a table that replaces the table set out in section 12.5.610(d)(1). That column labeled "Proposed Local Limit mg/l" shall go into effect and be applicable from and after the time the same limits are passed and established by the City of Fort Worth.
(C) 
In division 3, Pretreatment of Water:
(i) 
Section 12.5-621(c)(3) is modified to read: “Grease and grit traps shall be inspected, cleaned and repaired as specified elsewhere in the city Code of Ordinances by the user at the user’s expense.”
(ii) 
Section 12.5-621(c)(4) is amended to read: “Grease traps located on the premises of food establishments shall be 100 percent pumped out at a minimum of once every 90 days, and at all other times as necessary to maintain their effectiveness. The director may order a generator to have its grease traps pumped out more often if the director determines it is necessary for the protection of the sanitary sewer.”
(iii) 
Section 12.5-623(b) is deleted.
(D) 
In division 5, Wastewater Discharge Permit Issuance Process:
(i) 
In section 12.5-645(a)(13), the words “or Article VII” are deleted.
(ii) 
Section 12.5-647 is deleted.
(iii) 
Section 12.5-648 is deleted.
(1998 Code, sec. 130-108; Ordinance 200650, sec. I, adopted 7/11/06; Ordinance 2012-01-002, sec. I, adopted 1/10/12; 2013 Code, sec. 60-188; Ordinance 2024-17 adopted 11/5/2024)