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.
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.
(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;
(7) Requirements for submission of special technical reports or discharge
reports where same differ from those prescribed by this article;
(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;
(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;
(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.
(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.
(B) In division 2, Discharge Prohibitions and Limits:
(i)
Section 112.5-610(b)(19) shall have the words “1 mg/l”
added at the end.
(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)