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HomeMy WebLinkAboutO-2001-2474 e e ORDINANCE NO. 2001- 9.Lf'71f. AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES", ARTICLE II, "INDUSTRIAL WASTE", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE, REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE, TEXAS, PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF TillS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN APPENDIX B OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTE; EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte, Texas, has provided facilities for the collection and treatment of sewage to promote the health, safety, and convenience of its people and for the safeguarding of water resources common to all, and WHEREAS, provision has been made in the design, construction, and operating of such facilities to accommodate certain types and quantities of industrial wastes in excess of, and in addition to, normal sewage, and WHEREAS, it is the obligation of the producers of industrial wastes to defray the cost of the waste treatment services rendered by the City of La Porte in linear proportion to the cost of the waste treatment facilities and of the operation and maintenance costs, utilized in treating the industrial wastes, and WHEREAS, proper protection and operation of the collection and treatment facilities may require either the excluding, pretreatment, or controlled discharge at point of origin of certain types or quantities of industrial wastes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 74, "Utilities", Article II, "Industrial Waste", Sections 74-36 through 74-58, both inclusive are hereby repealed as of the effective date hereof, and shall be replaced by the following new Chapter 74, "Utilities", Article II, "Industrial Waste", of the Code of Ordinances of the City of La Porte: '. e SECTION 1. GENERAL PROVISIONS 1,1 PURPOSE AND POLICY This ordinance sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the City of La Porte and enables the City of La Porte to comply with all applicable State and Federal laws including the Clean Water Act (33 U.S,C. 1251et seq,), arid the General Pretreatment Regulations (40 CFR Part 403), The objectives of this ordinance are: A. To prevent the introduction of pollutants into the POTW that will interfere with operation of the POTW; B, To prevent the introduction of pollutants into the POTW which will pass through the POTW" inadequately treated into receiving waters or otherwise be incompatible with the POTW; C, To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with statutes and regulations; D. To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; E, To improve the opportunity to recycle and reclaim wastewater and sludge' from the POTW; F, To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvements of the POTW; and Q, To enable the City of La Porte to comply with its TPDES permit conditions, sludge use and disposal requirement and any other Federal or State laws to which the POTW is subject. This ordinan~e shall apply to all industrial users of the POTW. The ordinance authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires industrial user reporting and provides for setting of fees for the equitable distribution of costs resulting from the program established herein, 1.2 Administration Except as otherwise provided herein" the Director of Public Works shall administer, implement and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Director of Public Works may be delegated by the Director of Public Works to other city personnel. 2 e e 1.3 Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have meanings hereinafter designated. A. Act or "the act" - The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S,C, 1251 et seq, B, Approval Authority - Region 6 Administrator of the U,S. EPA, or his designatee. C. Authorized Representative of the Industrial User 1, If the industrial user is a corporation, the authorized representative shall mean: a, the president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making function for the corporation; b, the manager of one or more manufacturing, production, or operation facilities employing more than two hundred and fifty(250) persons or having a gross annual sales or expenditures exceeding $ 25 million( in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures, 2, If the industrial user is a partnership, or sole proprietorship an authorized representative shall mean a general partner or proprietor, respectively. 3. If the industrial user is a Federal, State or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his and or her designee, 4. The individuals described in paragraphs 1-3 above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or person responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for the environmental matters for the company, and the written authorization is submitted to the City of La Porte, D. Biochemical Oxygen Demand (BOD) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory 3 e e procedure, five(5) days at 20 degrees centigrade expressed in terms of mass and concentration [ milligram per liter ( mg/l ) ]. E, Categorical Pretreatment Standard or Categorical Standard - Any regulation containing pollutant discharge limits promulgated by the V,S, EPA in accordance with sections 270 (b) and ( c ) of the act ( 33 V.S,C. 1317 ) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, parts 405-471. F, Certificate of Occupancy - A permit showing that the industry or business has complied with this ordinance and has been shown to have only sanitary waste discharge. G, City - The City of La Porte or the City Council of La Porte, H, Chemical Oxygen Demand ( COD) - The measure of oxygen consumed from a chemical oxidant, expressed as mg/1. I. Color - The optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent ( 100 % ) transmittance is equivalent to zero ( 0,0 ) optical density, J. Composite Sample - The composite resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, K. Director of Public Works or Director - The person designated by the City of La Porte to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this ordinance or his/her authorized representative, L. Domestic Sewage - Water-borne wastes normally discharging from the sanitary conveniences, free from storm surface water, industrial wastes, and in which the average concentration of total suspended solids is not greater than 300mg/1 and BOD is not more than 250 mg/1. M, Environmental Protection Agency or EPA - The V.S, Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency. N, Existing Source - Any source of discharge, the construction or operation of which commence prior to the publication of proposed categorical pretreatment which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the act. 4 e e O. Grab Sample - A sample which is taken from the waste stream on one time basis without regard to the flow in the waste stream and without consideration of time. P. Indirect Discharge or Discharge - The introduction of a non-domestic pollutant into the POTW from any non-domestic source regulated under Section 307 (b), (c ) or (d) of the act. To deposit, conduct drain, emit, throw, run, and allow to seep or otherwise release or deposit of, or to allow permit or suffer any of these acts or emissions. Q. Industrial User or User - An industry or business which discharges wastewater into the City's wastewater treatment plant. A source of direct discharge, R. Industrial Waste Questionnaire - The document provided by the City to all applicants on which basic information and data are placed describing the applicant's production process, raw materials, and other information as deemed necessary by the City to accurately assess the nature of any potential waste discharges, S. Industrial Wastes - All water-borne solids, liquids, or gaseous wastes resulting from any industrial, manufacturing, or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage distinct from domestic sewage. T, Instantaneous Maximum Allowable Discharge Limit - The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. U, Interference - A discharge which alone or in conjunction with a discharge or discharges from other sources: 1,) inhibits or disrupts the POTW , its treatment process or operations or its sludge processes, use or disposal; and 2.) therefore is a cause ofa violation of City's TPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory / regulatory provisions or permits issued thereunder ( or more stringent state or local regulations) : Section 405 of the Clean Water Act; the Solid Waste Disposal Act ( SWDA), including Title II ( Resource Conservation and Recovery Act - RCRA; and State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act. 5 e e V, Lower Explosive Limit - The concentration of a gas or vapor ( in percent by volume),which, in the presence of an ignition source, will ignite. W, Medical Waste - Isolation wastes, infectious agents, humane blood and blood by-wastes products, pathological wastes, sharps, body parts, fomites, etiologic, contaminated bedding, surgical potentially contaminated laboratory wastes and dialysis wastes, X, New Source (1) 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 or proposed 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: (a) The building, structure, facility or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility or installation to~lly replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating processes of the building, structure, facility or installation is 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 activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Section 1 (b) or (c) above but otherwise alters, replaces, or add to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commence if the owner or operator has : (a) Begun, or caused to begin as part of a continuous onsite construction program: (i) Any placement, assemble, or installation of facilities or equipment, or (ii) Significant site preparation work including clearing, excavation, or removal of existing building, structure, or facilities which is necessary for the placement, assembly, or installation of a new source facilities or equipment. 6 e e (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within 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 paragraph, y, Non-contact Cooling Water - Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product or finished product. Z, Non Significant Industrial User ( NSIU ) - Any industry or business that has the potential to discharge any potential pollutants that could pass through and/or interfere with the POTW, cause the POTW to violate its own TPDES permit, cause contamination of the sludge, cause endangerment to the POTW workers, and/or contaminate the environment, but that is not consider a significant user. AA, Domestic User (DU ) - Any industry or business discharging only domestic sewage into the city sewer system. BB, Pass Through - A discharge which exits the POTW into water of the U, S, in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's TPDES permit, including an increase in the magnitude or duration of a violation. CC, Person - Any individual, partnership, co-partnership, firm, company, corporation, their association, joint stock company, trust, estate, governmental entity or any other legal entity, or legal representatives, agents or assigns, This definition includes all Federal, State, or Local governmental entities. DD, pH - A measure of the acidity or alkalinity of a substance, expressed in standard units, It is the reciprocal of a logarithm (Base 10 ) of the hydrogen ion concentration of a solution, EE, Pollutant - Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharge equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater ( i,e,; pH, temperature, TSS, turbidity, color, BOD, CBOD, toxicity, and odor ). FF, Pretreatment - The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in the wastewater prior to or in lieu of introducing such pollutants into the 7 e e POTW. This reduction or alteration can be obtained by physical ,chemical, or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by applicable pretreatment standard. GG. Pretreatment Requirements - Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard. HH, Pretreatment Standards or Standard - Pretreatment standard, shall mean prohibitive discharge standards, categorical pretreatment standards, and local limits. II. Prohibitive Discharge - Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance. n. Publicly Owned Treatment Works ( POTW ) - A treatment works as defined by Section 212 of the Act ( 33 U.S,C, 1292 ), which is owned by the State or Municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment plant. KK, Septic Tank Waste - Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks, LL. Sewage - Human excrement and gray water ( household showers, dishwashing operation, etc,). A combination of water-carried waste; from residences, buildings, institution, and industrial establishments, MM, Significant Industrial User ( SIU ) - Shall apply to: a) industrial users subject to categorical pretreatment standards; and b) any other industrial user that; i) discharges an average of 25,000 gpd or more of process wastewater, H) contributes a process waste stream which make up 5 percent or more of the average dry weather hydraulic or organic capacity of the plant or, Hi) is designated as significant by the City based on the reasonable potential that the industrial user can adversely affect the POTW's operation or for violating any pretreatment standard or requirement. NN, Slug Load - Any discharge at a flow rate or concentration which could cause a violation of the prohibitive discharge standards in Section 2,1 of 8 e e this ordinance or any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge, 00. Standard Industrial Classification Code ( SIC) - A classification pursuant to the Standard Industrial Classification Manual issued by the U.S, Office Management and Budget. pp, Storm Water - Any flow occurring during or following any form of natural precipitation, resulting therefrom, including snowmelt. QQ, Surcharge - The charge in addition to the published water and sewer rate. The basis for surcharges on industrial wastes is a capital and operating cost for the treatment and removal of suspended solids and BOD exceeding "domestic" sewage, RR. Suspended Solids - The total suspended matter that floats on the surface of, or is suspended in water, wastewater, or other liquid and which is removable by laboratory filtering. SS, Toxic Pollutant - One of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EP A under the provision of Section 30 (33 U.S.C. 1317) of the Act. TT. Treatment Plant Effluent - Any discharge of pollutants from the POTW into waters of the State. UU, Utility Superintendent or Superintendent - The person designated by the , Director of Public Works as his/or her authorized representative. VV. Wastewater - Liquid and water-carried industrial wastes, and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. WW, Wastewater Treatment Plant or Treatment Plant - That portion of the POTW designed to provide treatment of sewage and industrial waste, It shall mean any arrangement of devices and structures used for treating sewage, Shall is mandatory; may is permissive or discretionary; The use of the singular shall be construed to include the plural and plural shall include singular as indicated by the context of its use. 1.4 Abbreviations The following abbreviation shall have the designated meanings: 9 2nd NOV BOD CFR COD EPA gpd LEL mg mg/l DU NIS NSIU NOV TPDES O&M RCRA SIC SWDA TSS USC e e Second Notice of Violation Biochemical Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand Environmental Protection Agency Gallons Per Day Lower Explosive Limit Milligram Milligram Per Liter Domestic User Notice of Impending Suspension Non Significant Industrial User Notice of Violation Texas Pollutant Discharge Elimination System Operation and Maintenance Resource Conservation and Recovery Act Standard Industrial Classifications Solids Waste Disposal Act (42 U.S,C, 6901, et seq, ) Total Suspended Solids United States Code SECTION 2. GENERAL SEWER USE REQUIREMENTS 2,1 Prohibitive Discharge Standards No Industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference, These general prohibitions apply to all industrial users of the POTW whether they are subject to categorical pretreatment standards or any National, State or local pretreatment standards or requirement. No industrial user may contribute the following substances to the POTW, A, Pollutants which create a fire or explosion hazard in the municipal wastewater collection and POTW, including, but not limited to, waste streams with a close-cup flash point of less than 140 degrees Fahrenheit ( 60 degrees Centigrade ) using the test methods specified in 40 CFR 261.21. B. Any wastewater having a pH less than 5,5 or more than 9,5 or otherwise causing corrosive structural damage to the POTW or equipment, or endangering City personnel. C. Solid or viscous substances in amounts which will cause obstruction of flow in the POTW resulting in interference, or other interference with proper operation of the sewage works, such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, fish scales, tar, plastics, wood, whole blood, paunch manure, hair, fleshing, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids, 10 e . D, Any wastewater containing pollutants, including oxygen demanding pollutants ( BOD ), released in a discharge at a flow rate and! or pollutant concentration which either singularly or by interaction with other pollutants, will cause interference with either the POTW; or any wastewater treatment or sludge process, or will constitute a hazard to humans or animals. E. Any wastewater having a temperature greater than 150 degrees Fahrenheit ( 65 degrees Centigrade ) 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 140 degrees Fahrenheit ( 40 degrees Centigrade ). F. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through, G. Any 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 problem, H. No trucked or hauled pollutants shall be discharged to the City's POTW. I. Any noxious or malodorous liquids, gases, solids, or other wastewater which singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life, or to prevent entry into the sewers for maintenance and repairs, J, Any wastewater which imparts color which cannot be removed by the treatment process, such as, dye waste, and vegetable tanning solution, which consequently imparts color to the treatment plant's effluent thereby violating the City's TPDES permit. Color, in combination with turbidity, shall not cause the treatment plant effluent to reduce the depth of compensation point for photosynthetic activity by more than ten (10) percent from the seasonably established norm for aquatic life. K. Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Director in compliance with applicable State or Federal regulations. L. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted industrial wastewater unless specifically authorized by the Director, M, Any sludge, screenings, or other residues from the pretreatment of industrial wastes, 11 e . N, Any medical waste, except as specifically authorized by the Director in a wastewater discharge permit. 0, Any wastewater causing the treatment plant's effluent to fail a toxicity test. p, Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW, Q, Any discharge of fat, oils, or greases of animal origin is limited to 200mgll. R. No person shall discharge into the public sewer any of the following materials unless limits have been established by the approving authority and included in the industrial user's permit: Antimony Beryllium Bismuth Boron Fungicides Gasoline Herbicides Molybdenum Naphtha Insecticides Tellurium Tin Uranyl ion Radioactive Elements Waste prohibited by this section shall not be processed or stored in a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must be discharge to the industrial user's pretreatment facility before connecting with the POTW, 2,2 Federal Categorical Pretreatment Standards The national categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated. 2.3 Local Limits (a) Pursuant to 40 CFR 403.8, each POTW shall develop and enforce specific limits to implement the prohibitions listed in subsection 2,3 (c), The local limits in this section are based on the uniform concentration method, These local limits shall continue to be reevaluated and developed at least once every three years and the City will effectively enforce such limits, (b) The specific limits on pollutants developed by the City shall apply at the final discharge point of the Industrial User prior to discharging into the city's sanitary sewer system, (c) Specific Limitations 12 e . Maximum concentration of heavy metals, Under this article, the maximum allowable concentrations of heavy metals, stated in terms of milligrams per liter (mg/l), are as follows: (1) ARSENIC (2) CADMIUM (3) CHROMIUM (4) COPPER (5) CYANIDE (6) LEAD (7) MERCURY (8) NICKEL (9) SILVER (10) ZINC 1.108 mg/l 0,284 mg/l 1.377 mg/l 0.723 mg/l 0.000 mg/l 0.141 mg/l 0.006 mg/l 0.075 mg/l 0,000 mg/l 2,295 mg/l 0,000 - Pollutants with a 0.000 local limit will use the detection limit as the local limit. . The limit will be enforced by the minimum analytical limit (MAL) of a permitted industry's discharge, 2.4 City's Right of Revision The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in Section 1,1 of this ordinance or the general and specific prohibitions in Section 2.1 of this ordinance, 2.5 Special Agreement 1 ( The City reserves the right to enter into special agreements with industrial users setting out special terms which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement, However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403,15, They may also request a variance from the categorical pretreatment from EP A, Such a request will be approved only if the industrial user can prove that factors relating to its discharge are fundamentally different from factors considered by EP A when establishing that pretreatment standard, An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403,13. 2,6 Dilution No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by the applicable pretreatment standard or requirement. The Director may impose mass limitation on industrial users which are using dilution to meet 13 e . applicable pretreatment standards or requirements, or in other case when the imposition of mass limitations is appropriate. 2,7 National Pretreatment Standards ( NPS ) A. If more stringent NPS exist for certain categories of industries or if more stringent NPS are promulgated for certain categories of industries by the USEP A, the more stringent national standard will apply to the permittee, B. Unless exception is granted by the City, the public sanitary sewer system shall be used by all persons discharging : 1. Wastewater 2, Industrial Waste 3, Polluted Liquids C. Unless authorized by the TNRCC, no person may deposit or discharge any waste included in the paragraph above on public or private property or into or adjacent to any: 1. Natural Outlet 2. Watercourse 3. Storm Sewer 4, Other area within the jurisdiction of the City. The Director shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state, and local governments, SECTION 3. PRETREATMENT OF WASTEWATER 3,1 Pretreatment Facilities Industrial users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Section 2,1 above within the time limitations specified by the EP A, the State, or the Director. Any facilities required to pre-treat wastewater to a level acceptable to the Director shall be operated, and maintained at the industrial waste user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before construction of the facility, The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the POTW under the provisions of this ordinance. 3.2 Additional Pretreatment Measures 14 e e A. Whenever deemed necessary, the Director may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and lor consolidate points, separate sewage waste-streams and such other conditions as may be necessary to protect the POTW and determine the industrial user's compliance with the requirements of this ordinance, B, Each permittee discharging into the POTW greater than 120,000 gallons per day or greater than 5 percent of the average daily flow in the POTW, whichever is lesser, shall install and maintain, on their property and at their expense, a suitable storage and flow control facility to insure equalization of flow over a twenty-four (24) hour period, The facility shall have the capacity for at least 200 percent of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Director, A wastewater discharge permit may be issued solely for flow equalization, C. Grease, oil and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand; except that such interceptors shall not be required for residential users. All interceptors units shall be of type and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection, Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the permittee at their own expense, D, Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detector meter, E, At no time shall two readings on a explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, be more than five percent (5% ) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter, SECTION 4. WASTEWATER DISCHARGE PERMIT ELIGIBILITY 4.1 Wastewater Survey When requested by the Director, all industrial users must submit information on the nature and characteristics of the wastewater by completing an industrial waste questionnaire prior to commencing their discharge. The Director is authorized to prepare a form for this purpose and may periodically require users to update the survey. Failure to complete this questionnaire shall be considered a violation of the ordinance, '1 4,2 Wastewater Discharge Permit Requirement 15 e e It shall be unlawful for any industrial user to discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director. Any violation of the terms and conditions of a wastewater permit shall be deemed a violation of this ordinance and subject the wastewater discharge permittee to the sanctions set out in Section 10-12. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements. 4,3 Wastewater Discharge Permitting Existing Connections Any industrial user which discharges industrial waste into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within ninety ( 90 ) days after said date, apply to the City for a wastewater discharge permit in accordance with Section 4,5 below, and shall not cause and allow discharges to the POTW to continue after ninety ( 90 ) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Director, ': 4.4 Wastewater Discharge Permitting Extrajurisdictional Industrial Users A. Any existing industrial user located beyond the City limits shall submit a wastewater discharge permit application, in accordance with Section 4.6 below, within ninety ( 90 ) day of the effective date of this ordinance. New industrial users located beyond the City limits shall submit such applications to the Director ninety ( 90 ) days prior to any proposed discharge into the POTW, B. Alternately, the Director may enter into an agreement with the . neighboring jurisdiction in which the industrial user is located to provide for the implementation and enforcement of the pretreatment program requirements against said industrial user, 4.5 Wastewater Discharge Permit Application Contents In order to be considered for a wastewater discharge permit the permittee must submit the information required by Section 6,1 ( b ) of this ordinance. When a pretreatment process is required, plans must be submitted and must stamped by a registered professional engineering license to practice in the State of Texas, The Director shall approve a form to be used as a permit application, In addition, the following may be requested: · Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW. . Number of employees, type of operation, and proposed or actual hours of operation. . Each product produced by type, amount, process or processes, and rate production. 16 . e . Type and amount of raw materials processed ( average and maximum per day). · Site plan, showing floor plan, mechanical and plumbing plans, and details to sewers and appurtenances by size, location and elevation and all points of discharge, . Time and duration of the discharge. · Plans and specifications of the grease, oil, and sand interceptors and control location, . Any other information as may deemed necessary by the Director to evaluate the wastewater discharge permit application, Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision, 4.6 Application Signatories and Certification All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the user, "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted, Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true , accurate, and complete, I am aware that there are significant penalties for submitting false information, including the possibility of fine and loss of services for knowing violations," 4,7 Wastewater Discharge Permit Content The Director will evaluate the data furnished by the industrial user and may require additional information, Within ten ( 1 0 ) days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied, The Director may deny any application for a wastewater discharge permit. SECTION 5 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS 5,1 Wastewater Discharge Permit Duration Wastewater discharge permits shall be issued for a specified time period not to exceed five (5) years. A wastewater discharge permit may be issued for a period ofless than five (5) years, at the discretion of the Director, 17 - e Other non-domestic users are issued a one time "Certificate of Occupancy" permit to identify that domestic waste is their only discharge. Each wastewater discharge permit will indicate a specific date upon which it will expire, 5,2 Wastewater Discharge Permit Contents Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Director to prevent pass through or interference, protect the quality of the of the body of water receiving the plant's effluent, protect worker health and safety facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW. A. Wastewater discharge permits must contain the following conditions: 1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five ( 5 ) years, 2, A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the Director, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. 3, Effluent limits applicable to the industrial user and in accordance with applicable Federal, State, and local law, 4, Self-monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling locations, sampling frequency, and sample type based on Federal, State, and local law, 5, Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirement, and any applicable compliance schedule, Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or Local law, B, Wastewater Discharge permits may contain, but not limited to, the following: 1, Limits on the average and / or maximum rate of discharge, time of discharge, and/ or requirements for flow regulation and equalization, 2, Limits on the instantaneous, daily, and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. 18 e It 3. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works. 4, Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental , unanticipated, or routine discharges. 5, Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW. 6, The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharge to the POTW, 7, Requirements for installation and maintenance of inspection and sampling facilities and equipment. 8. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal, State, pretreatment standards, including those which become effective during the term of the wastewater discharge permit. 9, Other conditions as deemed appropriate by the Director to ensure compliance with this ordinance, and Federal, State laws rules, and regulations. 5,3 Wastewater Discharge Permit Appeals Any person, including the industrial user, may petition the city to reconsider the terms of a wastewater discharge permit within ten ( 10 ) days of its issuance. A. Failure to submit a timely petition for review shall be deemed as a waiver of administrative appeal, B, In its petition, the appealing party must indicate the wastewater discharge permit provision objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. C, The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal, D. If the City fails to act within ten (10) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider, not to issue ,or not modify a wastewater discharge permit, shall be considered final administrative action for purposes of judicial review, 19 -- e E. Aggrieved parties seeking judicial review of the final administrative action of a wastewater discharge permit decision, must do so by filing a complaint with the Harris County District Court within (30) days of such final administrative action. 5.4 Wastewater Discharge Permit Modification The Director may modify the wastewater discharge 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. To address significant alterations or additions to the industrial user's operation processes, wastewater volume or character since the time of the wastewater discharge permit issuance; C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; D, Information indicating that the permittee's discharge poses a threat to the City's POTW, City personnel or the receiving waters; E, Violation of any terms or conditions of the wastewater discharge permit; F. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or any required reporting; G, Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; H, To correct typographical or other errors in the wastewater discharge permit; I. To reflect a transfer of the facility ownership and! or operation to a new owner and! or operator, The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. 5.5 Wastewater Discharge Permit Transfer ~ Wastewater discharge permits may be reassigned or transferred to a new owner and or operator only if the permittee gives thirty ( 30 ) days advance notice to the Director and the Director approves the wastewater discharge permit transfer, The notice to the Director must include written certification by the new owner and lor operator and the following: I 20 e e A. Statement that new owner and/or operator has no immediate intent to change the facility's operations and processes; B, Identification of the specific date on which the transfer is to occur; C. Acknowledgement of full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit invalid on the date of the facility transfer. 5.6 Wastewater Discharge Permit Revocation Wastewater discharge permits may be revoked for the following reasons: A. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge; B. Failure to provide prior notification to the Director of changed condition pursuant to Section 6,5; D, Misrepresentation of fully disclosing all relevant facts In wastewater discharge permit; E, Falsifying self monitoring reportsj F. Tampering with monitoring equipment; G. Refusing to allow the director timely access to the facility premises and records; H, Failure to meet effluent limitations; I. Failure to pay fines; 1. Failure to pay sewer charges; K. Failure to meet compliance schedules; L. Failure to complete a wastewater surveyor the wastewater discharge permit application; M, Failure to provide advance notice of the transfer or requirement, or any terms of the wastewater discharge permit or the ordinance. Wastewater discharge permits shall be void upon nonuse , cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit. 21 e e 5.7 Wastewater Discharge Permit Reissue All industrial users shall apply for a wastewater discharge permit reissue by submitting a complete wastewater discharge permit application, thirty ( 30 ) days prior to the expiration of the industrial user's existing wastewater discharge permit in accordance with Section 4,6 of this ordinance, SECTION 6 REPORTING REQUIREMENTS 6,1 Baseline Monitoring Reports A. Within 180 days after the effective date a categorical pretreatment standard, or final administrative decision on a category determination under 40 CFR 403.6 (a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the City a report which contains the information listed in paragraph B, below. Ninety ( 90 ) days prior to commencement of a discharge, new sources, the industrial user shall be required to submit to the City a report which contains the information in paragraph B, below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards, A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged, B, The industrial user shall submit the information required by this section including: 1. Identifying Information. The name and address of the facility including the name of the operator and owners. 2, Wastewater Discharge Permits, A list of any environmental control wastewater discharge permits held by the facility, 3. Description of Operation, A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user, This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes, 4. Flow Measurements, Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to 22 e e allow use of the combined waste stream formula set out in 40 CFR 403,6 (e), 5. Measurement of Pollutants. a, Identify the categorical pretreatment standards applicable to each regulated process, b. Submit the results of sampling and analysis identifying the nature and concentration (and / or mass, where required by the standard or by the City) of regulated pollutants in the discharge form each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported, The sample shall be representative of daily operations and shall be analyzed in accordance with sample procedures set out in Section 6.10, c. Sampling must be performed In accordance with procedures set out in Section 6.11, 6, Certification, A statement reviewed by the industrial user's authorized representative and certified by the qualified professions, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance ( 0 & M ) and/or additional pretreatment is required to meet the pretreatment standards and requirements. 7, Compliance Schedule, If additional pretreatment and/or O&M will be required to meet the pretreatment standardsj the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M, The completion of this schedule shall not be later than the compliance date established for the applicable pretreatment standard, A compliance schedule pursuant to this section must meet the requirements set out in Section 6,2 (n) of this ordinance, .~ I l 1 8, All Baseline Monitoring Reports must be signed and certified in accordance with Section 4,6, 6,2 Compliance Schedule Progress Report The following condition shall apply to the schedule required by 6.1 (b7) of this ordinance, The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, 23 e e completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation), No increment referred to above shall exceed nine (9) months. The industrial user shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance, including as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps taken by the industrial user to return to the established schedule, In no event shall more than nine-(9) months elapse between such progress reports to the Director, 6.3 Report on Compliance with Categorical Pretreatment Standard Deadlines Within ninety (90) days following the date for completion with applicable categorical pretreatment standards, or in the case of a new source following the commencement of the introduction of wastewater into the POTW , any industrial user subject to pretreatment standards and requirements shall submit to the City a report containing the information described in Section 6,1 (B4-6). For industrial user subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403 (6a), this report shall contain reasonable measure of the industrial user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in term allowable pollutant discharge per unit of production ( or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period, All compliance reports must be signed and certified in accordance with Section 4,6. 6.4 Period Compliance Reports A, Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Director but in no case less than twice per year, at least six ( 6) months apart, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standard and the measured or estimated average and maximum daily flows for the reporting period, All periodic compliance reports must be signed and certified in accordance with Section 4,6 of this ordinance. B. All wastewater samples must be representative of the industrial user's discharge, Wastewater monitoring and flow measurement facilities shall be kept clean, and maintained in good working condition at all times, The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge. C. If an industrial user subject to the reporting requirement in and of this section monitors any pollutant more frequently than required by the City's POTW, using the procedures prescribed in Section 6.11 of this ordinance, the results of this monitoring shall included in the report. 24 . e 6,5 Report of Changed Conditions Each industrial user is required to notify the Director of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days before the change, A. The Director may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 4,5, B. The Director may issue wastewater discharge permit under Section 4,7 or modify a wastewater discharge permit under Section 5.4. C, No industrial user shall implement the planned changed condition(s) until and unless the Director has responded to the industrial user's notice. D. For purposes of this requirement flow increases of ten percent (10%) or greater, and the discharge of any previously unreported pollutants shall be deemed significant. 6.6 Reports of Potential Problems A. In the case of any discharge including, but no limited to accidental discharges, discharges of a non-routine, episodic nature, a non-customary discharge, or a slug load which cause potential problem for the POTW (including a violation of the prohibited discharge standard in Section 2,1 of this ordinance), it is the responsibility of the industrial user to immediately telephone and notify the City of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective action taken by the industrial user. B. Within five (5) days following such discharge, the industrial user shall, unless waived by the Director, submit a detailed written report describing the cause( s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to a person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this ordinance. C. Failure to notify the Director of a potential problem discharge shall be deemed a separate violation of this ordinance, 25 . . D. A notice shall be permanently posted on industrial user's bulletin board or other prominent place of advertising whom to call in the event of a discharge described in paragraph A, above, Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure. 6,7 Reports from Non-significant Industrial Users All industrial users not subject to categorical pretreatment standards are required to have a wastewater discharge permit and provide appropriate reports as required by the Director, 6,8 Notice of Violation or Repeat Sampling and Reporting If sampling performed by the industrial user indicates a violation, the industrial user must notify the Director within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation, Industrial user is not required to resample if the POTW performs sampling between the industrial's initial sampling and when the industrial user receives the results of this sampling, 6,9 Notification of the Discharge of Hazardous Waste A. Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under CFR Part 261. Such notification must include the name of the hazardous waste set forth in 40 CFR Part 21, the EP A hazardous waste number, and the type of discharge (continuous batch or other), If the industrial user discharges more than ten (10) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: 1. An identification of the hazardous constituents contained in the wastes, 2, An estimation of the mass and concentration of such constituents in the wastewater discharged during that calendar month, and 3, An estimation of the mass and constituents in the waste stream expected to be discharged during following twelve(12) months, All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged, However, notifications of changed discharges must be submitted under Section 6,5 above, The notification requirement in this section does not apply to pollutants already 26 . e reported under the self-monitoring requirements of Sections 6.1, 6.3 and 6.4 above. B. Discharges are exempt from the requirements of paragraph (1) of this section during a calendar month in which they discharge no more than fifteen(15) kilograms of hazardous waste, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30 (d) and 261.33(e), Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or any quantity of acute hazardous wastes as specified in 40 CFR 261.30 (d) and 261.33(e), requires a one time notification, Subsequent months which the industrial user discharges more than such quantities of non hazardous waste do not require additional notification. C, In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. D. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree it has determined to be economically practical. 6.10 Analytical Requirements All pollutant analysis, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in applicable categorical pretreatment standard, If 40 CFR part 136 does not contain sampling and analytical techniques for the pollutant in question, sampling or analyses must be performed in accordance with procedures approved by the EP A. 6,11 Sample Collection A, Except as indicated in Section B, below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Director may authorize the use of time proportional sampling or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits, 27 . . B, Samples for oil, grease and temperature, pH cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using the grab collection techniques. 6.12 Determination of Non-compliance A grab sample(s) may be used to determine noncompliance with pretreatment standards. 6.13 Timing Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U, S, Postal Service, date of receipt of the report shall govern, 6.14 Record Keeping Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under this ordinance. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this ordinance, or where the industrial user has been specifically notified of a longer retention period by the Director, SECTION 7. COMPLIANCE MONITORING 7,1 Inspection and Sampling The City shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this ordinance, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all the requirements thereof, Industrial users shall allow the Director or his representative ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. A. Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that upon representation of suitable identification, personnel from the City, State, and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities. B. The City, State, and EPA shall have the right to set up on the industrial user property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the users operations, 28 -- e C. The City may require the industrial user to install monitoring equipment as necessary, The facility's sampling and monitoring equipment shall be maintained at all times in a safe proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quantity shall be calibrated annually to ensure accuracy. D, Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Superintendent and shall not be replaced, The costs of clearing such access shall be born by the industrial user, E, Unreasonable delays in allowing the City personnel access to the industrial user premises shall be a violation of this ordinance. 7.2 Search Warrants If the Director's authorized representative has been refused access to a building, ' structure or property or any part thereof, and, if the Director's authorized representative has demonstrated probable cause to believe that there may be a violation of this ordinance, or that the need to inspect as part of a routine inspection program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder , or to protect the overall public health, safety and welfare of the community, then upon application by the City Attorney, the Municipal Court Judge of the City may issue a search and/or seized warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described, Such warrant shall be served at reasonable hours by the City Marshal. In the event of an emergency affecting public health, safety and welfare, inspection shall be made without issuance of a warrant. SECTION 8 CONFIDENTIAL INFORMATION 8.1 Information and data on an industrial user obtained from reports, surveys, wastewater discharge reports and monitoring programs, and from City inspection and sampling activities, shall be available to the public without restriction unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes or methods or production entitled to protection as trade secrets under applicable State law, When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets, or secrets processes shall not be available for inspection by the public, but shall be made 29 . e available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and enforcement proceedings involving the person furnishing the report, Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2,302 will not be recognized as confidential information and will be available to the public without restriction, The provisions of this Section 8 shall be subject to the provisions of the Texas Public Information Act, codified as Chapter 552, Texas Government Code, In the event of a request under said Act for information which the industrial user or the City may deemed confidential, the City shall request an opinion from the Texas Attorney General as to whether such information is subject to disclosure. SECTION 9 PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT VIOLATION The City shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located , a list of industrial users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; B, Technical Review Criteria (TRC) violation, defined here as those in which thirty-three percent (33%) or more of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, Fats, Oil, and Grease, and 1.2 for all other pollutants except pH )j C. Any other violation of a pretreatment effluent limite daily maximum or long term average) that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health ofPOTW personnel or the general public); D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8 (f) (1) (vi) (B) to halt or prevent such a discharge; 1 t E. Failure to meet within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or 30 e . enforcement order for starting construction, completing construction, or attaining final compliance; F, Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules; G, Failure to accurately report noncompliance; H. Any other violation or group of violations which the Director determines will adversely affect the operation or implementation of the local pretreatment program. SECTION 10 ADMINISTRATIVE ENFORCEMENT REMEDIES 10.1 Notification of Violation Whenever the Director finds that any user has violated any portion of this ordinance, a wastewater discharge permit, a pretreatment requirement or any other violation of this ordinance hereunder, the Director or his agent may serve upon said user a written Notice of Violation. (NOV). If a compliance date is not set in the notice then it shall state "within ten (J 0) days of the receipt of this notice, an explanation of the violation and a plan for satisfactory correction and prevention thereof, to specific required action, shall be submitted by the user to the Director or his agent", Submission of this plan in no way relieves the user of liability for any violations occurring before or after the receipt of the Notice of Violation, Nothing in this section shall limit the authority of the City to take any action, including emergency actions, or any other enforcement action ,without first issuing Notice of Violation, 10.2 Consent Orders The Director is hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order, Consent Orders shall be judicially enforceable. 10.3 Show Cause Hearing The Director may order any user which cause or contributes to violation(s) of this ordinance, wastewater discharge permits, or orders issued hereunder, or any other 31 e . pretreatment standard requirement, to appear before the Director and show cause why a proposed enforcement action should not be taken, Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and request that the user show cause why this enforcement action should not be taken, The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least five (5) days prior to the hearing, Such notice may be served on any authorized representative of the user, Whether or not users appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user. ;~ } 10.4 Second Notice of Violation (2nd NOV) When a violation is not corrected with a NOV, a second letter is addressed to the industrial user notifying them of a violation, This notice will include the nature of the violation, any necessary corrective measures, a compliance date, and the next possible enforcement action, This notice is accompanied by a citation. 10,5 Notice ofImpending Suspension ( NIS ) When the Director finds that the user has violated or continues to violate the ordinance, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, he may issue a NIS with a citation to the user responsible for the discharge directing that the user come into compliance by a set date, If the user does not come into compliance by this set date, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. The NIS may also contain requirements to address the noncompliance, including additional self- monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. An NIS may not extend the deadline for compliance established for a Federal pretreatment standard or requirement, nor does a noncompliance order release the user of liability for any violation, including any continuing violation, Issuance of an NIS shall not be a prerequisite to taking any other action against the user. 10.6 Cease and Desist Orders When the Director finds that the user is violating this ordinance, the user's wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all violations and directing the user to: A. Immediately comply with all requirements, and B, Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. 32 e '. . Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user. 10.7 Emergency Termination of Services The Director may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present, or cause an imminent or substantial endangerment to the health, safety and welfare of the public. The Director may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment. A, Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings set forth in Section 10.8 are initiated against the user. B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Director, prior to the date of any show cause or termination hearing under Section 10.3 and 10,8. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section, 10,8 Termination of Discharge In addition to those provisions in Section 5.6 of this ordinance, any user that violates the following conditions of this ordinance, wastewater permit, or orders issued hereunder, is subject to discharge termination. A. Violation of wastewater permit conditions. B. Failure to accurately report the wastewater constituents and characteristics of its discharge, 33 It e C, Failure to report significant changes in operation or wastewater volume, constituents and characteristics prior to discharge, D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling, E, Violation of the pretreatment standards in Section 2 of this ordinance, F, When compliance has not been met on a NIS letter, Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this Section 10.3 of this ordinance why the proposed action should not be taken. SECTION 11 JUDICIAL ENFORCEMENT REMEDIES 11,1 Injunctive Relief Whenever the user has violated a pretreatment standard or requirement, or continues to violate the provisions of this ordinance, wastewater discharge permit or orders issued hereunder, or any other pretreatment requirement, the Director may petition the City of La Porte Municipal Court, through the City's Attorney, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the industrial user, Such other action as appropriate for legal and/or equitable relief may also be sought by the City. A petition for injunctive relief need be filed as a prerequisite to taking any other action against a user. 11,2 Civil Penalties A. Any user which has violated or continues to violate this ordinance, any order or wastewater permit hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $2000,00 (Two Thousand Dollars) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation, B. The City may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. C. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the magnitude and corrective action by the user, the compliance history of the user, and other factor as justice reqUITes, 34 " e e D. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user, 11.3 Criminal Prosecution A. Any user that willfully or negligently violates any prOVISIon of this ordinance, any orders, or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor and, upon conviction, shall be fined a maximum sum of $2,000,00 (Two Thousand Dollars). Each day such violation continues shall constitute a separate offense, B. Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and, upon conviction, shall be fined a maximum sum of $2,000,00 (Two Thousand Dollars). Each day such violation continues shall constitute a separate offense, C, Any user knowingly making false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, be fined a maximum sum of $2,000.00 (Two Thousand Dollars), Each day such violation continues shall constitute a separate offense. 11.4 Remedies Nonexclusive The provisions in Sections 9-12 are not exclusive remedies, The City reserves the right to take any, all, or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City reserves the right to take other action against any user when the circumstances warrant. Further, the City is empowered to take more enforcement action against any non-compliant user, These actions may be taken concurrently, SECTION 12 SUPPLEMENTAL ENFORCEMENT ACTION 12,1 Performance Bonds The Director may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this ordinance, any orders, or a previous wastewater discharge permit issued hereunder, unless such user first files a satisfactory bond, payable to the City, in the sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance, 35 e e 12,2 Liability Insurance The Director may decline to reissue a wastewater discharge permit to any user which have failed to comply with the provisions of this ordinance, any orders, or a previous wastewater discharge permit issued hereunder, unless the user fIrst submits proof that it has obtained fInancial assurances suffIcient to restore or repair damage to the POTW caused by its discharge, 12.3 Water Supply Severance Whenever a user has violated or continues to violate the prOVISIons of this ordinance, orders, or wastewater discharge permits issued hereunder, water service to the user may be severed. Service will only be reconnected, at the user's expense, after it has satisfactorily demonstrated its ability to comply. 12.4 Public Nuisances Any violation of this ordinance, wastewater discharge permits, or orders issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the Director or designee, Any person(s) creating a public nuisance shall be subje~t to the provisions of the City Code 1358 governing such nuisance, including reimbursing the City for any cost incurred in removing, abating or remedying said nuisance, SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 13,1 Upset A. For the purpose of this section, "upset" means exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user, An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation, B, An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph C are met. C. Industrial user who wishes to establish the affIrmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 1. An upset occurred and the industrial user can identify the cause(s) of the upset; 2. The facility was at the time being operated in a prudent and workman like manner and in compliance with applicable operation and maintenance procedures; 36 e. e 3. The industrial user has submitted the following information to the POTW and treatment plant operator within twenty-four (24) hours of becoming aware of the upset, if information is provided orally, a written submission must be provided within five (5) days: (i) A description of the indirect discharge and cause of noncompliance, (ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue, (iii) Steps being taken and! or planned to reduce, eliminate and prevent recurrence of the noncompliance, D. In any enforcement proceedings, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. E, Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. F, The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where , among other things, the primary source of power of the treatment facility is reduced, lost or fails, 13.2 General / Specific Prohibitions An industrial user shall have an affirmative defense to an enforcement action brought against it for non-compliance with general and specific prohibitions in Section 2,1 of this ordinance if it can proven that it did not know or have reason to know that its discharge, along or in conjunction with discharges from other sources, would cause pass through or interference and that either: A. A local limit exists for each pollutant discharged and the industrial user was in compliance with each directly prior to, and during , the pass through or interference, or B, No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. 13,3 Bypass 37 e e A, "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility, "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass, Severe property damage does not mean economic loss caused by delays in production, B. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is essential for maintenance to assure efficient operation. These bypasses are not subject to the provisions of paragraph C. and D, of this section, C, If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten (10) days before the date of the bypass, if possible, An industrial user shall submit an oral notice of unanticipated bypass that exceeds applicable pretreatment standards to the POTW within twenty- four (24) hours from the time it becomes aware of the bypass, A written submission shall be also be provided within five (5) days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause, the duration of the bypass, exact dates and anticipated time it is expected to continuej and step taken or planned to reduce, eliminate and prevent reoccurrence of the bypass, The POTW may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. D, Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless; 1. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damagej 2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities , retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 3, The industrial user submitted notices as required under paragraph C of this section. 38 e tit The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three-(3) conditions of paragraph D of this section. SECTION 14 CONTROL OF ADMISSIBLE WASTE 14,1 Interceptors Grease, oil, and sand interceptors shall be provided for the proper handling of liquids wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwellings. All interceptors shall be a type and capacity approved by the City and shall be located to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be substantially constructed, watertight, and equipped with easily removable covers which when bolted in place, shall be gas tight and watertight. Grease and oil and sand interceptors shall be maintained by the person or permittee, at their expense, in continuously efficient operation at all time, 14,2 Interceptor Sizing A. Restaurants: HR ( D ) x ( GL) x ( ST ) X ( 2 ) x (LF) = Gallon Capacity Where: D = Number of seats in dining areas, GL = Gallons of waste water per meal (2,5 ) ST = Storage Capacity Factor ( 1.7) HR = Number of hours open LF = Loading Factor 1.8 0,8 0,5 Freeways and Recreational Areas Main Highways Other highways B, Nursing, Homes, Day Cares ( M ) x ( GL ) x ( ST ) x ( LF) = Gallon Capacity Where: M = Meal per day GL= Gallons of waste water per meal ( 2.5 ) ST = Storage Capacity Factor ( 1.7) 39 e e LF = Loading Factor 1.25 1.0 ,75 .05 garbage disposal and dishwashing without garbage disposal without dishwashing without dishwashing and garbage disposal. C, Within sixty (60) days from the date of this ordinance, any person discharging or desiring to discharge an industrial mixture into the public sewers of the City, or any sewer connected, shall provide and maintain in a suitable, accessible position on the permittee's premises, or such premises occupied by the permittee, a sample well or manhole near the outlet of sewer, drain, pipe, channel, or connection to the sewer or sewage works of the City. Each such manhole or sample well shall be of such construction and design which will prevent infiltration by ground waters and surface waters, and shall be so maintained by the permittee discharging wastes so that any authorized representative, or employee of the City may readily and safely measure the volume and obtain samples of the flow at all times, Plans for construction of the sample welles) shall be included with the Industrial Sewer Connection Application, and are subject to approval by the Director, D, Sampling of effluent or discharge may be accomplished manually, or by the use of mechanical equipment, to obtain a composite sample which would be representative of the total effluent. Samples shall be taken at such intervals as to establish the BOD, and Total Suspended Solids of the industrial waste for billing purposes, as determined by the City as necessary to maintain a control over the discharges from the Permittee, Additionally, such grab composite samples as deemed necessary by the City shall be taken at such intervals as to establish the concentrations of prohibited discharges and pretreatment standards as specified in this ordinance. The method used in the examination of all industrial wastes to determine BOD and Suspend solids shall be defined in 40 CFR, Part 136, SECTION 15 INDUSTRIAL COST RECOVERY SURCHARGE 15.1 A permittee discharging industrial wastes with a BOD exceeding 250 mg/l, or a suspend solids content of greater than 300 mg/l, or both, and meet all Sections, may be accepted for waste water disposal provided that; ( a ) The wastes will not cause damage to the collection system; ( b ) The wastes will not impair the treatment process, ( c ) The discharger of the waste enters into a contractual agreement with the Control Authority providing for a surcharge over and beyond the normal sewer rate. The surcharge for industrial discharge is to be calculated as follows: ISS = (BOD + 250 TSS) x 300 ( 0 &M cost) x (VOL) 40 e - ISS = represents Industrial Waste Surcharge in Dollars; BOD represent the Biochemical Oxygen Demand in milligram per liter (mgll), Note: Concentration less than zero or equal to 250mgll will be considered a value of zero. TSS represents Suspended Solids in milligram per liter ( mgll ) Note: Concentration less than zero or equal to 300mgll will be considered a value of zero, O&M Cost represents operation and maintenance cost of POTW wastewater treatment facility. Note: This cost is determined and updated by the City periodically, VOL represents Volume Discharged in Thousand of Gallons. The volume of waste shall be determined by the same methods used to calculate the normal sewer service charge, or by a sewage flow meter that has been approved by the Director and purchased, installed, and maintained by the permittee. All flow rates, BOD, Total Suspended Solids and 0 & M values used in the determination of the surcharge shall be reevaluated at least on an annual basis, d. The industrial waste surcharges provided for in this ordinance shall be included as a separate item on the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing practices, Surcharges shall be paid at the same time that the sewer charges of the permittee become due and payment for sewer services shall not be accepted without payment also of sewer surcharges, SECTION 16 MISCELLANEOUS PROVISIONS 16,1 Pretreatment Charges and Fees The City may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the Pretreatment Program, which may include: A, Fees for wastewater discharge permit applications including the cost of processing such applications; B. Fees for monitoring, inspection, and surveillance procedures including the cost of coll~ction and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by industrial users; C Fees for reviewing construction plans and responding to accidental discharges ; 41 e e D, Fees for filing appeals; E. Other fees as the City may deem necessary to carry out the requirements of its pretreatment program, These fees related solely to the matters covered by this ordinance and are separate from all other fees, fines and penalties chargeable by the City, Section 2. Appendix B, Chapter 74, "Utilities", Article II, Industrial Waste, is 1 ~j . hereby amended, and shall hereafter read as follows, to-wit: "Article II. INDUSTRIAL WASTE (a) Fine for violations of Sections 11.3(A); 11.3(B); and 1I,3(C)....,..,$2,OOO,OO" Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid, Section 4. All ordinances and parts of ordinances inconsistent, or in conflict, with this ordinance are hereby repealed, to the extent of such conflict only. Chapter 74, Utilities, Article II, Industrial Waste, Sections 74-36 through 74-58, both inclusive, as codified in the Code of Ordinances of the City of La Porte, are expressly repealed as of the effective date hereof; provided, however, the City of La Porte reserves all rights and remedies which may have accrued to the City of La Porte for offenses which may have occurred prior to the effective date of the repeal of said ordinances, 42 e e Section 5. The City Council of the City of La Porte shall review this ordinance at least onc~ every three (3) yearSj provided, however, the failure of the City Council of the City of La Porte to so review this ordinance shall not affect the validity of this ordinance. Section 6. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance, Section 7. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public/at the City Hall ,of the City,for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the publi<;Jas required by law/at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon, The City Council further ratifies, approves ,and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this ~day of '1YJOArt . 2001, CITY OF LA PORTE By: ;fm/~ /~an L. alone, ayor ATTEST: a. M A. Gillett City Secretary ~a(d Knox W, Askins City Attorney 43 , I / ./ " ': . , . . . . . ..... .... , .. . " \, P6~~~~;~'::l~~~~5:L~~;~~"=m=-~~ ~~ AVOID DISCLOSURE F EREOF,:' . WHICH' ~. IN PLIANCE . WITH THE, 'City of.~ Texas: (A los' ANNUAL CONTENTS TO 'C E OPINION . OF THE .OPEN MEETINGS LAW; votantes registrados' . 'del THE crn PETING OFFERORS' ~TY COUNCIL. IS,'MOST PROVIDING A SEVERA- Ciudail de ~,Texas.) CALLING kEPT- SECRET' Dl:JR DVANTAGEOUS . ' . TO BILITY CLAUSE; AND Notice is heeby given 'that the ELECTIO THE PROCESS' OF. E- HE CITY.' . ' P.ROVIDING FOR AN ,.EF. polling pla,ces listed below SARY; GOTIATION, At:L' PR - ',' , .. ,: FECTIVE DATE. . will be open from'7:oo'a,m, to ELECTIO: POSAL SHALL. ':~E 'OPEN' F'O~.. INF;ORMATION 7:~p.~.. on..MllX.5.;2~I, for AND POL FOR PUBLJC, INSPE;C- ,CONCERNING THIS. BID voting m a general election to PROVIDII' TION ,AFTER 'C?ONTRACT 'PLEASE CONTACT SUS: CITY OF LA PORTE . ,e~ect At Lar~e Cmincilperson USE' ( AWARD.. . TRADE . SE.', AN KELLEY PURCHAS-' 'SIN~rmiln L. Malone' Positio~ "A" Jf~ra.3 year MACHINI CRETS AND CONFIDEN.. ING MANAGER, AT 281-', . Mayor, tenli' Councilperson-District ING ELI T!AL, OR, PROPRI~ARY '470-5020;" ..,.".." ,4 for a 3 year term and ,CIALS; PI INFOR,MATION, SO, NOT~' . Councilpersim-District 5 for a METHOD ED. IN, Pfi\OPOSAL:' ATTEST:' 3 year term . 'EARLY , , SHALL 'NOT BE OPEN' CITY OF LA PORtE, . slMartha Gillett. (Notifiquese, por Las presente, ' VIDING F FOR PUBLIC INSPEC- . 'City, Secretary. que: Las casillas electorates VOTING .T~ON. I. sit~os abajo se abriran. t!esde BOARD; , . ' . i NOTlCETO I S Las 7:00 a.m. /Kuta 7:00'p:m. FOR RETl ", EACH PROPOSAL MUST' 'B DDER A~PROVED:' el 5 de '41avo 'l0(J), 'para 'VASS OF' ", 6E, SUBMITTED. IN DU-'. " ," ,sf Knox W, Askins , ' , . votar en I a Eleccion General ELECT~OI RLlCATE: 'FORMS .FUR- . SEALED BIDS 'MARKED:,",Ci~Attorney , ' para elegir, Conseiero' FOR N01 NI$HED B'(THE CITY OF ,... SEALED. BID #0831" ' : Municipa! .' General ING FOR LA PORTE MAY' BE 'OB- WIL.L BE. RECEIVED AT. . Conseje~ At L3rfe Posicion LINE ANI :r~INED WITHOUT. 'DE-.. CITY HALL,' 604 WEST '., PUBLIC NOTICE. ' A.par un termino de 3 anos. FOR CAN. POSIT FROM THE CITY FAIR MONT . PARKWA'l (;:onseiero - District4 par un, VIDING S~C?RETARY, OF. THE LA,' PORTE . TEXAS' '....: ORD1NANCE,'" termino de'3'anos Conseiero - cLAUSE;: .CITY OF LA Po.RTE; 77571,: ATTN:' CrTV SEC~' . ,.. ,20o.1~2~74.A!':':, " .' District 5 porim termino de 3 PLIANCE TEXAS, THE Clr'(. RE- RETARY UNTIL 2:00 P.M. . , , '. AI!QL OPEN MI SE~VES ,!HE RIGHT. I \j 'MONDAY, . APRIL 30....' , " AND PH ,REJECT :t\NY ANDI OR ,,2O.Q1 FOR THE FURNISH- A~ ORDIN.AN~E AMEND- LOCATlON(S) OF' EFFECTI' ALL PROPOSALS.. TO ING OF ANNUAL MOW- ING CHAPTER 74, ~UTIL. . pOq..IN~ PLACES,(DIREC: OF, V'!AIV~, A~Y. AND" ALL' ING CONTRACT..' REBID, ITI!CS",:ARTICLE, "INPUl:?- ' CION(ES) DE LAS CASIL- TECHNICALITIES AND' '" .... ' TRrAL WASTE;". 'OF THE, LAS ELECTORALES) see BE IT OR,[ TO ACCEPT ANY, 'PAO- , ',. :,,' . ,...' . :CQDE' OF, .ORDINANCE attached (mire los sigante) CITY COI POSAL OR . PART THE ,BIDS WILL 'BE OF::. THE CITY OF LA ' '. CITY OF L THEREOF, WHICH IN. OPENED AND, ,PUBLICLY PdRTE. SAID ARTICLE' Early voting by personal ,'THE OPINION. OF THE READ IN THE .COUNCIL BE"!N~ THE, IND\.ISTRI~L appeiltluice will be conducted, Section I , ,CITY'COUNCiL, IS 'MOST' CHAMBERS 'iMMEDIATE- WASTE ,ORDINANCE OF each'weekday,at (La votacion 'An elect '. ADVANTAGEOUS TO' LY AFTER THE 'CLO'SING. . THE .CITY' OF LA PORTE. adelantada en 'persona se lie- within the ( THE CITY, . , 80UR' FOR' niE, aiDS REGULATING THE DIS-' vara a cabo de lunes a vi~mes' the City of! , . '. I ON SAID DATE:, ,;. " ,CHARGE OF INduSTRI. en) City, HalI, 604 'West. the5tflday. .; . " , .' .', ,AL..wASTE .INTO PUBLIC, 'FairmQnt ParkWay, (location)' day being tl FOR INFORMATIO~, RE~ E~CH 'PRQ'POSA(MUST,:S$ER OF:rHE'CIlYOF' (Sitio),: . '. May, 2001 . GARDING THIS PRO- .' ., . LA PORTE .TEXAS PRO- " . . o'clock (7:0. POSAL PLEASE CON-" BE SUBMITTED IN: QU- " " '., .:' I , TACT" CYNTHIA. PLlC~TE,. FORMS, ~UR- ;'~TMI'OUNLGS~:AINNGD r'E,RSEtG'A~.' BetweedD ..~~ hoursbe'~~ .a:oo' ocloc~ (7f:1 . . . NISHED BY THE CITY OF: U"\! ,'. ' .... a,m, an ~. p,m" gmnmg purpose 0 e ALEXANDER, FINANCE . :LISHING CHARGES FOR on April 18 2001. entre las ing City off. DIRECTOR 'AT 281-471 ,LA. PORTE MAY BE OB- , , . . . , ' ." , . 1"\' - , . .;., .' SERVICES RENDERED' 8.;00 a.m. de Iii manana y las' . , '5020 EXT. 265 TAINEq WITHOl,lT ,DE- , ,,' '. " '.' .. POSIT, FROM, THE CITY P.ROVI~ING_, THA! ANY ~ p.m.. de la tarde Counctlp , '. , SE~RE'~RY, OF 'i'HE PE~SON, .' V.IOLATING e~~~do'el'~~~1 ~~~~~' Position A. . . , NOTICE TO BIDDERS crTv' ,OF LA' PORTE THE tERMS OF: :rHIS . .and endmg on May I 2001. ( ,. , . TEXAS, THE' CITY RE:' ORDINANCE SHALL BE" terminado el Mayo 1,2001) : Councilpe SERVES THE RIGHT TO' ~ DE~MED', GUIL.TY OR A. for'a , . REJECT ANY ANDI 6R~ISDEMEMEANOR, AND Applications for ballot by SEALED BIDS AD. ALL BIDS ""0 WAIV' E SH'ALL" UPON CONVIC. mail shall be mailed to:. <;:oun,cilIX DRESSED TO: C~ OF ANY AND' A~~ TECHNI- T1()N ~E "FJNED NOT. TO (lmsolicttudes .para bo~etas for a LA PORTE, P.O. BOX. , " EXCEED 'TWO 'THOU- que se votaran en ausencia' , 1,115' LA PORTE TEXAS CALITIES AND TO AC-,. . ". .1 .1 , 'CEPT ANY BID OR PART 'SA~D., .- DOLLARS PfJr: corre'o deberan enviarse 77572-1115, ATTN: CITY . . ($2;000). AS PROVIDED a:) . SEC ETARY' AND THEREOF, WHICH IN IN 'APPENDIX B OF THE RED. "SE L BD THE OPINION OF THE. ' . ". . . . . , CITY COUNCIL IS MOST CODE OR ORDINANCES M!lnha A GIllett: CIty ~ ILL. , RE- A!;)\JANTAGEOUS 'TO' OF 'THE CITY.. 9F LA. Secretin:y (Name of Early C 0 lAT~' C HALL.. THE CITY.. ' PORTE; EACH DAY OF Votil\g Clerk) (Nombre del 604. W S FA ONT. VIOLATION SHALl;.' BE Secretario(a) de I a Votacion PAR . . RTE, DEEMED A SEPARATE Adelantada) 604 W, Fairmont T~XAS, n .~ ,.. UNTIL FOR INFORMATION OFFENSE; C:;ONTAINING Parkway (Ac:ldri:ss) Direcc;onJ 2.00 M, MONDAY. , . SEVERABILITY AND RE- La' Pone T~as 77572-1115 APRI.L 23, 2001, FOR THE . CONCER,NING ,THI~ aiD: PEALING ". CLAUSES; (9ty) (Ciudad) '(ZiJ?' 'CQde) FURNISHING OF EI..EX.I: PLEASE CONTACT SUS.' FINDING, COMPLIANCE (Zona Postal)', - 'BLE BASE CRUSHED ~N KELLEY, ,PUf\P,HAS .WITH THE OPEN MEET- UMESTO~E, ~~:5:'ON~~R32:T .281- '"lNG' LAW;. AND, PROVID-:' Applications'. for ballot by ~ . . .. . ING AN EFFEC1WE milil must be received no;)ater ' Ekmo: , . .', , DATE HEREOF. ',' than the close of business on CITY OF LA PORTE ,.,. .', April 27, 2001 (da~e) ,. I :, I' !.: ., . , A run-off . sary; shal Saturday, between the Section 2 Said electi each of the places' with the followiJ are hereby cers of said THE BIDS' WILL' . BE' . qPENED. AND PUBLICLY F,\EAD IN THE COUNCIL CHAMBERS . IMMEDIATE- Polllne PI.. CITY OF LA PORTE slNbrman'L, Malone' . (lm solicitudes para boietas "Lomax E: que se votaran e" usencia por (EI e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requeste . Appropriation Requested By: S. Gillett Source of Funds: N/A Department: Public Works Account Number: N/A Rep~rt: Resolution: Ordinance: XX Amount Budgeterl'N/A Exhibits: Letter from TNRCC Amount Requested: Exhibits: Executive Summary Budgeted Item: N/A Exhibits: Orrli!lnDnl"P SUMMARY & RECOMMENDATION An Industrial Waste Survey of all of the commercial and industrial establishments in La Porte was performed as a requirement of the City of La Porte's Wastewater Treatment Plant Texas Pollutant Discharge Elimination System discharge permit administered by the Texas Natural Resources Conservation Commission, The survey results were forwarded to the TNRCC, The survey indicated there were seven (7) Significant Industrial Users discharging into the city sewer system, (A Significant Industrial User is an industry which discharges an average of more than 25,000 gallons per day of process wastewater into the city sewer system,) Of these seven, four (4) industries were determined to be Categorical Industrial Users. (A Categorical Industrial User discharges or has the potential to discharge pollutant(s) which are regulated by the United States Environmental Protection Agency,) Several Non- Significant Industrial Users also discharge into the sewer system, (A Non-Significant Industrial User discharges in lower quantities usually with non-significant discharges; however, these industries have the potential for discharging pollutants and must be permitted and monitored,) For the above reasons and due to the Upper Galveston Bay section into which the City of La Porte Wastewater Treatment Plant discharges its effluent being placed on the Clean Water Act of ] 999 List of Impaired Water Bodies, the City of La Po~e is required to develop and implement a fully approved Pre- Treatment Program, In order to be approved, the City must have an Industrial Waste Ordinance meeting all of the requirements of the Federal and State agencies, This ordinance must give the City the authority to administer the program and list the penalties of non-compliance, The existing ordinance does not meet the criteria required for an approvable Pre-Treatment Program, Th~s ordinance would repeal the existing ordinance Chapter 74, Utilities, Article II, Industrial Waste, Sections 74-36 through 74-58, both inclusive as codified in the City of La Porte Code of Ordinances, Action Required bv Council: Approve new Industrial Waste Ordinance, Approved for City Council Al!enda G?~ \' t\~ Robert T. Herrera, City Manager 3' (-z.. --cJ t Date e e EXECUTIVE SUMMARY INDUSTRIAL WASTE ORDINANCE An Industrial Waste Survey of all of the commercial and industrial establishments in La Porte was performed as a requirement of the City of La Porte's Wastewater Treatment Plant Texas Pollutant Discharge Elimination System discharge permit administered by the Texas Natwal Resources Conservation Commission, The survey results were forwarded to the TNRCC, The survey indicated there were seven (7) Significant Industrial Use~ discharging into the city sewer system, (A Significant Industrial User is an industIy which discharges an average of more than 25,000 gallons per day of process wastewater into the city sewer system.) Of these seven, four (4) industries were determined to be Categorical Industrial Users. (A Categorical Industrial User discharges or has the potential to discharge poUutant(s) which are regulated . by the United States Environmental Protection Agency,) Several Non-Significant Industrial Users also discharge into the sewer system. (A Non-Significant Industrial User discharges in lower quantities usually with non-significant discharges; however, these industries have the potential for discharging pollutants and must be pennitted and monitored.) , . . For the above reasons and due to the Upper Galves,ton Bay section into which the City of La Porte Wastewater Treabnent Plant discharges its effluent being placedoon the Oean Water Act of 1999 List of Impaired Water Bodies, the City of La Porte is required to develop and implement a fully approved Pre. Treabnent Program. In order to be approvec;t. the City must have an Industrial Waste Orcnna,.ce meeting all of the requirements of the Federal and State agencies, This ordinance must give the City the authority to administer the program and list the penalties of non-compliance, The existing ordinance does not meet the criteria required for an approvable Pre-Treatment Program, This ordinance would repeal the existing ordinance Chapter 74, Utilities, Article II, Industrial Waste, Sections 74-36 through 74-58, both inclusive as codified in the City of La Porte Code of Ordinances, The major changes in the new ordinance versus the existing ordinance are: . Section 2 - General Sewer Use Requirements · 2.1 - Prohibitive Discharge standards - Sets the limits of pollutants introduced into the sewer system by industrial users and states the prohibition of certain pollutants and characteristics . Explosive limits . PH of discharge · Any material which might cause interference of the treatment' processes (i,e" metal filings. blood, slurries, residues, etc,) · List of materials which must be specifically addressed in the Industrial Waste Permit . 2,2 Federal Categorical Pretreabnent Standards - Incorporates the National Categorical Pretreabnent Standards as found in the Code of Federal Regulations. · 2,3 Local Limits - City must set specific lintits on certain pollutants as required by federal law, Limits are established on ten (10) heavy metals. No industry will be all~wed to discharge in excess of these limits, · Section 4 - Wastewater Discharge Penni:t Eligibility · Wastewater Discharge Permitting Extra- Territorial Jurisdiction Industrial Users - Extends all ordinance requirements to ETJlndustrial Users discharging into the City se~er system, · Section 6 - Reporting Requirements . · Sets the reporting requirements for existing dischargers and for industries desiring application for an Industrial Waste Pennit to connect to city sewer system · For users with pretr~tment requirements, sets target time limits for compliance with the ordinance e e . Section 9 - Publication of Industrial Users in Significant Violation . Requires the city to publish annually in the local newspaper a list of~ose industries in significant violation of the ordinance: . Chronic violations of discharge limits . Any discharge hazardous to public health or the environment . Failure to provide reports within 30 days of the due date . Failure to report non-compliance . Section 10 - Administrative Enforcement Remedies . Notification of Violation - notice to user of their failure to meet requirement of ordinance . Consent Order - Agreement to remedy violation(s) through specific actions to be taken by User . Show Cause Hearing - User to appear before Director to show cause why an enforcement action should not be taken , . 2nd Notice of Violation - Given when violation has not been abated after notice . Notice ofImpending'Suspension - Notice to User to abate violation(s) by specific date or face , termination of sewer service . Cease and OesistOrder - Director may issue if violations are likely to recur, User must: . Immediately comply with all requirements . . Take action necessary to address violation up to arid"including ceasing operations . Emergency Termination of Service - Used to stop a discharge which has occurred or is threatening to occur if it will present or cause an imminent or substantial risk to the public health . Section 11 - Judicial Enforcement Remedies . . 11-.1 - Petition for Injunction may be filed with Municipal Court for specific performance of the wastewater discharge permit . 11.2 - Fine raised to maximum of$2,OOO,OO per day of violation from a maximum of$200,OO per day in existing ordinance , . '11,3 - Criminal Prosecution - For willful or negligent violation of ordinance, introduction of substance causing injury or property damage, making false state~ents or records, or tampering with monitoring device(s) . Section 12 - Suppiemental Enforcement Action . 12,1 Performance Bond - Director may require posting ofa performance bond before renewal or. issuance ofa discharge permit to any user with history of violations . 12,2 Liability Insurance - May require proof of liability insurance in an amount sufficient to restore or repair damage to Wastewater Treatment Plant caused by its discharge . 12,3 Water Supply Severance - User's 'connection to public water supply may be severed for continued violations of ordinance, Will be reconnected only when ability to comply with the ordinance is demonstrated e e Robert J. Huston, Chairman R, B, "Ralph" Marquez, Commissioner John M, Baker, Commissioner Jeffrey A, Saitas, Executive Director " TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Ret!ucing and Preventing Pollution April 20, 2000 CERTIFIED MAIL Mr. Steve Gillet Public Works Djrector City of La Porte P.O. Box IllS. La Porte, Texas 77572-1115 ..... Re: Requirement for Development of an Industrial Pretreatment Program City of La Porte, TPDES Permit Number WQOOI0206-001, TX0022799 Dear Mr, Gillet: The information on the industrial user (ill) survey required by your Texas Pollutant Discharge Elimination System (TPDES) pe~t was receiv~d on February 16, 2000. All the information was reviewed and foun~ adequa~e. Your ru survey indicated that there are seven significant industrial users (srus) which include one categorical industrial user (CIU), three potential crus, and several non,:,significant industrial users discharging to the sewer system. The water quality data information for the Segment 2421-Upper Galvesto~ Bay; into which the permittee discharges indicates that the segment is under the 1999 Clean Water Act Section 303(d) List of Impaired Water Bodies and Schedule for Development of Total Maximum Daily Loads (TMDL). The permittee's biomonitoring requirements. indicate that the permittee is currently in a Toxicity Reduction Evaluation (TRE) for failure to the Mysidopsis bahia in the 7-day chrOI;llc 'test, 3J!.d that a TRE was initiated as p~r the permit requirements on August 1, 1999. Based on this information, it was determined that there is sufficient cause for the City of La Porte to continue tlie development of a full TPDES ,pretreatment proeram. . Therefore, under the terms of the TPDES permitting requirements, the City of La Porte is directed to continue the development of an approved pretreatment program and submit it to the TNRCC Pretreatment Team (MC 148) of the Water Permits & Resource Management Division in accordance with the schedule outlined below.and in the TPDES permit. P,O, Box 13087 · Austin, Texas 78711-3087 · 512/239-1000 · Internet address: www.tnrcc.state.tx.us .....;....d nn .........1...4 ........" ....i.... ....... ........tI ;...., e e Mr, Steve Gillet, Public Works Director Page 2 April 20, 2000 Activity Activity Date Due Number 2 A design of a sampling, inspection and reporting program August 20, 2000 which will implement the requirements of 40 CFR U403,8 and 403,12, 3 An evaluation of the financial programs, revenue sources, October 20, 2000 equipment and staffmg, which will be employed to implement the pretreatmC?nt program (as required by 40 CFR Parts ~~403,8(f)(3) and 403.9(b)(3), , The results of an influent pollutant scan of a 24-hoUr October 20,2000 4 composite sample to determine all pollutants bein~ ,- contributed to the system. The type of scan to be 't't performed is the basic priority pollutant scan of the 126 , I(\JJ pollutants plus any other additional pollutants designated in the TNRCC Surface Water Quality Standards, 30 TAC Chapter 307. All sampling, analyses and method detection limits must be done in accordance with 40 CFR Part 136. This scan will also serve as the initial scan necessary for developing technically based local limits (Activity No,S as follows),. (a) From the qualitative infonnation supplied by the industrial users in Activity No. 1 and the quantitative infonnation collected in the pollutant scan, the pennittee shall determine which industrial users may be discharging pollutants which may affect the operation of the Publicly Owned Treatment Works (pOTW) or pass through untreated, (b) Sampling and analysis to quantify the pollutants discharged by the industrial userS identified in the investigation of (a) above, shall be completed, e .e Mr. Steve Gillet, Public Works Director Page 3 April 20, 2000 Activity Activity Date Due Number Sr An approvable technically based local limits (TBLL) January 20,2001 submission package as required by 40 CFR ~403,8(f)(4). . V/ ".".? Technically based local limits should be developed in accordance with "EP A Region 6 Technically Based Local ./( Limits Development Guidance," The technical development ~ must demonstrate that the TBLLs attain the Texas'Surface Water Quality Standards [30 TAC Chapter 307] in surface waters of the State and, are adequate to prevent pass through of pollutants, inhibition of or interference with the treatment facility, worker health an!! safety problems, and. sludge contamination. 6 40 CFR fi403,S(f)(1) requires POlWs to apply and enforce the February 20, 2001 requirements of Sections 307(b) and (c), and 402(b)(8) and (9) of the Clean Water Act and any regulations implementing those sections. Submit to TNRCC Pretreatment Team (MC 148) 'of the Water Permits & Resource Management Division: (a) a statement from the city solicitor, a city official acting in a comparable capacity, or the city's independent counsel, that the POlW has the authority to carry out the program; (b) a copy of any statute, ordinance, regulation, contract, agreement, or other authority that will be relied on by the POlW to administer the program; (c) a statement reflecting the endorsement of or approval by the local boards or bodies responsible for supervismg and/or funding the program; (d) any additional docum~nts required in multi- jurisdictional situations for administration of the program; and (e) an enforcement response plan that shall contain detailed procedures indicating how the POlW will investigate and respond to instances of industrial user noncompliance. The plan shall contain, at a minim~ the aspects defmed in 40 CFR fi403.8(f)(S). e e Mr. Steve Gillet, Public Works Director Page 4 April 20, 2000 Activity Number Activity Date Due 7 Submit to the TNRCC Pretreatment Team (MC 148) April 20, 2001 of the Water Permits & Resource Management Division an approvable pretreatment program (and removal credit approval, if desired and appropriate) as required by 40 CFR fi403,9, The approvable pretreatment program shall include a compilation of all previously submitted pretreatment program activities as finally amended and supplemented (i.e. Activities Nos. 1-6), Upon notification by the TNRCC Pretreatment Yeam of approvability of the sub~tted program, the permittee is required to submit an official request for program approval, including three copies of the program deemed to be approvable. We have enclosed a list of the documents (Attachment 1) that have been provided with this letter to assist in the development of a pretreatment program. If you should have any questions, please contact Ms. Vidya ~o at (512) 239-1723. Sincerely, ~~~ Ronald R Pedde, P. E" Director Water Permits & Resource Management Division Texas Natural Resource Conservation Commission RRP/vr Enclosure cc: Mr. Steve Speer, City of La Porte, P. O. Box 1115, La Porte, Texas 77572-1115 Mr. Lee Bohme, Regional Pretreatment Coordinator, USEP A Region 6 (6WQ-PO) Ms. Donna J. Phillips, TNRCC Regional Office 12, c/o Water Section Manager