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06-13-11 Regular Meeting of La Porte City Council minutes
- 4 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13, 2011 Appropriation Requested By: Melisa Boaze Source of Funds: Department: Administration Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Presentation Amount Requested: Exhibits: Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION Opinions about what makes La Porte great can vary from person to person. One demographic group that frequently is overlooked when obtaining resident feedback about the City is the youth within the community. Staff wanted to get a youth perspective of what they thought were positive and negative attributes of the City. In May, City staff contacted Ms. Anderson, Principal of Baker Jr. High, and asked if she and some students would be interested in helping with this project. She agreed and chose several students to participate. The City purchased disposable cameras for the students to take pictures around the City of things they liked and/or disliked. The cameras were picked up after a week and processed. The pictures were then returned to each student who took the pictures for their comments. The following presentation is a summary of their comments and input. Action Required by Council: No act' • - .. uired. A • • roved f o u 1 it lenda 1 1 ( R 64 7, Ron Bottoms, City ' onager Date CD 111:, CZ 0 (,) O Q) cD (4,9 . 0 ...c a. -4..1 ‘4...a.., ..(:). i‘to... - •§.. ...; ..„,„1.41 i s... c (4) 14-.° o>' 3 6 CL) � Q a$ I'm') 013 .._ __ � _cT E 'III \) 5 'S ''4'. im ,.a v cv = L V . c O — co i v CO - 0 ca &) 4-B y— tvo ono 0 CO 0.) - 0 0 eU3 Atii al vi +-� +, c s ! a V V co c - ttr.V.P 1 >1 • 0 03 igr :na 1 L. CI 3, 3, E Eva i Uj CO Nir .1cTMi3 3f . O lat 1 a) v) _ v) r .-F .., cp 4.; -I-0 In ; bJ3 = 0) p, sa) L. 0 1... 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SON - CD ._,.......,,„_,„„..... illiv -, CO < 4\\ ktaWar '1' A w*:-.0 A „,..,...,,,„... r.. _ ._ b REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13, 2011 Appropriation Requested By: Michael Dolby, CPA Source of Funds: N/A Department: Finance Account Number: N/A Report: Resolution: Ordinance: XX Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: N/A Exhibits: Excerpt from FY 2011 Adopted Budget Budgeted Item: YES NO & Amended Budget (Exhibit A & B) Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2010 -11 Budget on September 13, 2010. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2010 -11 Budget. ( *denotes funds with current changes) Previously Proposed Original Budget Amended Budget Amended Budget General Fund $36,721,763 $36,855,148 $36,855,148 Grant Fund 831,499 1,009,210 1,017,834 * Street Maintenance Sales Tax Fund 700,000 1,400,000 1,400,000 Community Investment 351,000 383,003 383,003 Hotel/Motel Occupancy Tax 373,519 375,519 376,719 * La Porte Development Corporation 1,215,599 1,220,993 1,220,993 Tax Increment Reinvestment Zone 1,919,250 1,919,250 1,919,250 Utility 7,885,956 7,888,392 7,888,392 Airport 22,068 122,068 122,068 La Porte Area Water Authority 1,040,920 1,040,920 1,040,920 Motor Pool 3,043,748 3,060,758 3,060,758 Insurance Fund 4,903,465 4,903,465 4,903,465 Technology Fund 0 0 0 General Capital Improvement 2,388,442 2,388,442 2,388,442 Utility Capital Improvement 1,020,000 1,020,000 1,020,000 Sewer Rehabilitation Capital Improvement 345,000 345,000 345,000 Drainage Improvement Fund 270,000 270,000 270,000 2004 Certificates of Obligation Bond Fund 550,000 550,000 550,000 2006 General Obligation Bond Fund 0 35,615 35,615 2007 Certificates of Obligation Bond Fund 647,184 647,184 647,184 Transportation & Other Infrastructure Fund 330,000 330,000 330,000 General Debt Service 3,516,576 3,516,576 3,516,576 Utility Debt Service 316,496 316,496 316,496 La Porte Area Water Authority Debt Service 689,488 689,488 689,488 Total of All Funds $69,081,973 $70,287,527 $70,297,351 Action Required by Council: Adopt Ordinance Amending Fiscal Year 2010 -11 Budget for the following: A. $1,700 in the Grant Fund for a donation received from Shell Pipeline. The donation will be used for training room items for the police department (framing of the PD flag, patch collections, etc.) B. $5,484 in the Grant Fund for an NRA Grant which will be used for SWAT communications equipment (headsets, etc.). C. $1,440 in the Grant Fund for the painting of the light standards at Fairmont Park. The funding will come from the Park Zone #2 escrow account. The Grant Fund was previously amended by $3,000 for this item at the February 14 however, additional funding is needed. D. $1,200 in the Hotel/Motel Fund for the Hotel /Motel audits. This item is included in the fiscal year 2010 -11 budget; however, and additional hotel has been added and services expanded requiring the additional funding. A i3 for C L I) ouncil A. enda (t/(&/, Ron Botto , ity Manager Date ORDINANCE NO. 3 '5 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2010, through September 30, 2011, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 26, 2010, and a public hearing scheduled for September 13, 2010 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A ", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B ", as the Budget for the said City of La Porte, Texas, for the period of October 1, 2010, through September 30, 2011. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: 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 public as required by law at all times during which this Ordinance 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. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the / of , 2011. CITY OF L 0" TEXAS • Louis igby, Ma AT,, ST: Aseietext City Sear l APPROV D: j i1 Clay Askins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 10 -11 FY 10 -I1 Revenues Expenses Governmental Fund Types: General Fund 36,721,763 36,721,763 Grant Fund 590,551 831,499 Street Maintenance Sales Tax 718,613 700,000 Community Investment 259,410 351,000 Hotel /Motel Occupancy Tax 419,000 373,519 Section 4B Sales Tax 1,443,226 1,215,599 Tax Increment Reinvestment 2,000,750 1,919,250 Total Governmental Types 42,153,313 42,112,630 Enterprise: Utility 7,894,600 7,885,956 Airport 54,782 22,068 La Porte Area Water Authority 1,219,011 1,040,920 Total Enterprise 9,168,393 8,948,944 Internal Service Motor Pool 2,095,815 3,043,748 Insurance Fund 4,548,418 4,903,465 Technology Fund 164,784 - Total Internal Service 6,809,017 7,947,213 Capital Improvement: General 2,146,503 2,388,442 Utility 603,500 1,020,000 Sewer Rehabilitation 300,600 345,000 Drainage Improvement Fund 270,400 270,000 2004 C/O Bond Fund - 550,000 2007 C/O Bond Fund - 647,184 2010 C/O Bond Fund 10,000 - Other Infrastructure 7,000 330,000 Total Capital Improvement 3,338,003 5,550,626 Debt Service: General 3,693,160 3,516,576 Utility 312,179 316,496 La Porte Area Water Authority 689,488 689,488 Total Debt Service 4,694,827 4,522,560 Total All Funds 66,163,553 69,081,973 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 10 -11 FY 10 -11 Revenues Expenses Governmental Fund Types: General Fund 36,735,672 36,855,148 Grant Fund 661,871 1,017,834 Street Maintenance Sales Tax 718,613 1,400,000 Community Investment 259,410 383,003 Hotel/Motel Occupancy Tax 419,000 376,719 Section 4B Sales Tax 1,443,226 1,220,993 Tax Increment Reinvestment 2,000,750 1,919,250 Total Governmental Types 42,238,542 43,172,947 Enterprise: Utility 7,894,600 7,888,392 Airport 54,782 122,068 La Porte Area Water Authority 1,219,011 1,040,920 Total Enterprise 9,168,393 9,051,380 Internal Service Motor Pool 2,095,815 3,060,758 Insurance Fund 4,548,418 4,903,465 Technology Fund 164,784 - Total Internal Service 6,809,017 7,964,223 Capital Improvement: General 2,146,503 2,388,442 Utility 603,500 1,020,000 Sewer Rehabilitation 300,600 345,000 Drainage Improvement Fund 270,400 270,000 2004 C/O Bond Fund - 550,000 2006 GO Bond Fund - 35,615 2007 C/O Bond Fund - 647,184 2010 C/O Bond Fund 10,000 - Other Infrastructure 7,000 330,000 Total Capital Improvement 3,338,003 5,586,241 Debt Service: General 3,693,160 3,516,576 Utility 312,179 316,496 La Porte Area Water Authority 689,488 689,488 Total Debt Service 4,694,827 4,522,560 Total All Funds 66,248,782 70,297,351 Wolny, Shelley From: Bedford, Michelle Sent: Thursday, May 05, 2011 4:36 PM To: Wolny, Shelley Subject: RE: Deposit Shelley - It was $850 last year and $850 this year. If we could Toad it into 03252525212015 that will work for us. Thank you Shelley! Mad& From: Bedford, Michelle Sent: Thursday, November 12, 2009 12:38 PM To: Wolny, Shelley Subject: Deposit I just deposited another check from Shell Pipeline (Donation). I deposited into account 03200004070100 as I did last year. We will utilize these funds from 03252535212015. Thanks, 'IXlddle Vedaosd Ojtca eoordlaatos Peste police Dafanta eet 281 -842 -3190 281 -470 -1590 l(az) eosd @ A. qea 1 5 Transfer Transaction -CITY OF LA PORTE ,v �` s�. '? -1° A EM16AI�P'PUBUCS 7? NariUne S jS V •� Transfer Transaction Group Information Group number: 3424 MOVE SHELL DONATION Accounting period: 04/2010 Posting date: 02/09/2010 Transaction Information Transaction date: 02/01/2010 Document number. 459 Account number. 32 -0000- 410.07 -00 DONATIONS Project number. Transfer IN amount 650.00 Transfer OUT amount . 00 Description 1: MOVE SHELL DONATION TO Description 2: CORRECT ACCOUNT Transaction type code: Bank code: 0 {/ OK )! Exit Cancel Group S Cash Receipts Transaction - CITY OF LA PORTE SECTOR Cash Receipts Transaction Group Information Group number 4352 CR CASH RECEIPTS Accounting period: 05/2011 Posting date: 03/03/2011 Transaction Information Transaction date: 02/23/2011 Receipt number: 0063966 mmlddlyyyy Account number: 32 -0000- 409.01 -00 PUBLIC SAFETY GRANTS Protect number. Transaction amount 850.00 Description 1: SHELL PIPELINE DONATION Description 2: LAPOMLD 02/23/11 01 Transaction type code: Bank code: 0 y/ OK 'Y Exit S Cancel Group inquiry Imaging Vend ID 19574 La Porte Police Depailuient The NRA Foundation, Inc. 5/24/2011 Ref Nbr Invoice Nbr lnvc Date Invoice Amount Amount Paid Disc Taken Net Check Amt 075297 115TX37 ',05/24/ ` 5,484.00 5, 0 48 5,4 00 Check * x59807 68- 54/514 Wachovia Bank NA. McLean, VA 22102 Check # 059807 Check Date Check Amount Tl NRA Zbundation, Inc. 11250 Waples 'Mill Road 5/24/2011 * *$5,484.00 Fairfax, VA 220.30.940 ** Void after 90 ** > . Five Thousand Four Tiundr ed Eig -Four and 00/100`- US Dollar rAYTOTHE La Porte Police Department ORDER Doug Ditricll 3 00. 1" N. 23rd Street r La Porte, TX 77571 Authorized Signatures 11 '0 5980 ?II 1 :0 S ti0 20 50000 2 30 7 2 Lii' Wolny, Shelley From: Bradley, Scott Sent: Tuesday, February 15, 2011 8:42 AM To: Wolny, Shelley Cc: Dolby, Michael; Barr, Stephen Subject: Budget Amendments Shelley, Thank you so much for getting the budget adjustment of $3,000 for the Project @ Fairmont Park. Unfortunately there was a problem with the bid and we have to add $1,440 for a total of $4,440 to complete this project. I discovered and contacted Michael but he said for us to wait and not make any changes and that we would add it to the next budget amendment. Thanks in advance and please let me know what I need to do to facilitate this requests. Scott 1 0 0 0 0 0 0 0 0 0 0 0 0 0 w 0 0 0 0 0 0 0 0 0 0 0 0 0 c o 0 0 0 o o 0 0 0 rsi m 0o o co 00 m s V d' d r- r-I 0o N O l!1 0 0 0 0 0 0 0 d- o m r-i m N c-1 0 0 0 0 0 0 0 Vl u p t0 r1 N Q1 N O O IIl co O ID d 01 c IN co CO N 0 N tO d' 0 tO d' r-1 73 0 m en n d' N Q1 r-1 mm ri Q1 N d' c 0 0 0 0 0 0 0 0 0 0 0 0 O tn y 0 0 0 0 0 0 0 0 0 0 0 0 0 3 O O O O O O O O O O O O o C G1 o W 0 0 0 0 0 0 0 0 0 0 0 0 O N 0 0 0 0 o 0 0 0 o 0 0 0 0 c O O O O O O O O 0 O M d' d' r-i r-1 4! `- CC to 0l u .-a 00 N O Lf 0 0 0 0 0 0 0 d- y o cn r-1 cr1 N e-1 0 0 0 0 0 0 0 to 0.1 73 N to r-I (-Ni 01 d' o o V1 0 0 00 Ti 1Z t' m 0 - 00 Ol r-1 .-i e1 N 00 CO N LO 0 3 r f0 ri N 0 N CO d d' CO d' 00 O. RI s., N m el ^ N N e N M J u r-I O W m 0 0 0 0 0 0 0 0 0 0 0 0 V 0 N Y L f0 a r-1 N crl d• in to N. 01 0 ri N en r-1 r1 r•1 r•i L1.1 W w w w w w w w w w w Z Z Z Z Z Z Z Z Z Z Z Z N J N N N I N N N N N N N J N Y Y Y Y Y Y Y Y Y Y Y Y CC CC CC CL CL CC CC CC CC CC CC CC a a a a a a a a a a a a a a a o. a a a n. 0_ a a a r-1 N rn d' it) to N al o r-1 N m Z Z Z Z Z Z Z Z r-i ri ri r-1 N N N N N N N N N N N N 6 Y Y Y Y Y Y Y Y Y Y Y Y �, cc cc cc cc cc Ir cc cc cc cc cc O CL a a a a a a a 0_ a a a F- Wolny, Shelley From: Rinehart, Phyllis Sent: Wednesday, May 11, 2011 11 :51 AM To: Wolny, Shelley Subject: hotel motel auditors Attachments: Contract 12.13.2010 Hotel Motel Administration.pdf Shelley, Here is a copy of the hotel tax auditors' contract. The current contract is $700 per hotel plus $500 out of pocket costs or $700 X 13= $9,100 plus $500 for a total of $9,600. Thanks, Phyllis 1 rj Ai count Ral nee Iny(GM420nI1) L4 � ,. � X7 • Flee Ed ,Commands Help .a.<r., F . Fv_ .. a, , . . . .. , . . FL,' T r SMmAMO'PUBUCSECTOR ` Naviline 037 -6063- 565 -Ot a?d Account miscellane Account Information Protect Data _ v/ Oudggtiniscellane 0, SERVICES & CHARGES / ACCOIMING Project Entry Optional -- ® Encumbrances Fiscal year: 2011 Dr J Pre - encumbrances'. Budget; 8,400.00 - Transactions Committed: 10,100.00 ?. Detail by date 0 . Balance: 1,700.00- 37 Detail by code S. Detail byyear &K' [2I Pending by date — h7d Pending by code : Account Balance by Period � Payment Information Pending by year Procurement can Cumulative Vendor (* indicates pending) Total Period /Month Actuals Totals 0, I1lNAIISERVICES, LLC 10,100.00 *1 IIL I ► 0, 01 October .00 ct 02 November .00 4 03 December 500.00 500. r 0. 0 4 Januar .00 500.0, — _ q Cancel I III 1 ► 1 Pre%Iousacc._ I 1. 00 11AD HOTEL /MOTEL AUDIT nex I 2.00 `11AD $700 PER HOTEL FOR 12 HOTELS _ -- -- - -- - -- - --- 8400.00 d - - -- 2010 2012 Account activi._ Pending trans._ images Budget alloca... P card accou._ ; - t't_� _ _ _ _ F��.t i. „{�.. .,,�p !a - __ � __ _a•`�'l•iYwM. C REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 13, 2011 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planning Amount Budgeted: N/A Report: Resolution: Ordinance: X Amount Requested: N/A Exhibits: Budgeted Item: _ YES X NO 1. Ordinance 2. Deeds to Grantees 3. Sanitary Sewer Easements to City 4. Area Map SUMMARY & RECOMMENDATION The City has received an application from Mrs. Linda Westergren to vacate, abandon and close a 1,600 square foot portion of the alley in Blocks 327, La Porte. The applicant desires to close the alley to unify Lots 5 thru 8 (owned by Mrs. Westergren) and Lots 25 thru 28 (owned by Fred Westergren) in the block for future development. City Staff as well as the City's franchised utility companies (i.e. Centerpoint Energy, AT &T and Comcast) has reviewed the applicant's closing request. As a result, AT &T and Comcast have each issued letters of no objection to the closing while Centerpoint and the City have identified the need for utility easements to facilitate existing electrical and sanitary sewer facilities within the portion of the alley to be closed. The applicant has subsequently executed easement agreements for these facilities with both Centerpoint Energy and the City of La Porte. In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal of the alley in question to determine its fair market value. The appraisal determined the fair market value of the alley at $1.10 per square foot. The City has subsequently received payment from the applicant in the amount of $1,320 (75% of Fair Market Value per the ordinance). Staff recommends vacating, abandoning, and closing the subject alley, retaining a 16' sanitary sewer easement for the City of La Porte, and executing and delivering a deed for the closed alley to the adjoining landowners. Action Required of Council: Approve an ordinance vacating, abandoning, and closing that portion of the alley in Blocks 327, La Porte, situated between Lots 5 thru 8 and Lots 25 thru 28; authorize the recordation of a sanitary sewer easeme ed to the City from the applicant; and authorize the execution and delivery of a deed to the . ' oining : downers. Appro fo City ' 4i1 Agenda �r 644 Ron Bottoms, City Manager Date ORDINANCE NO. 2011- S 3 !') AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 327, LA PORTS, HARRIS COUNTY, TEXAS RETAINING A SIXTEEN (16') FOOT WIDE SANITARY SEWER EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW / AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described portion of the alley in Blocks 327, La Porte; to vacate, abandon, and permanently close the hereinafter described portion of the alley in Block 327, La Porte, Harris County, Texas; and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the alley in Block 327, La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the alley in Blocks 327, La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the alley in Block 327, La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTEs Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the alley in Block 327, La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: 2 That portion of the alley in Block 327, La Porte, situated between Lots 5 through 8 and Lots 25 through 28 of said block, containing a total of 1,600 square feet and generally illustrated on Exhibit "A" incorporated by reference herein. Section 2. The City of La Porte hereby retains for itself, its successors and assigns, a sixteen (16) foot wide sanitary sewer easement within that portion of the above- described alley closing. Section 3. 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 public as required by law at all times during which this ordinance 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. Section 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PASSED AND APPROVED THIS /6.. DAY OF 2011. CITY OF LA PORTE By: V .J• , uis R. 4•by, Mayor ATTEST: ILE / %wAtO %LI 4 a✓. Patrice Fogar , Cit ' Secretary APPROVED: IKZ ‘41 9- 9•■ Knox W. Askins, City Attorney EXHIBIT `A' L1 1 , EXHIBIT "A" TO ORDINANCE ~ » R NV s Akt,; _t � / S / : _ -3 :- : - - , ; -:',:. __ tgrarl \ \ \ 4 \ \ \ As OURS - U &BLVD Es o R- U- s VD- t I PROPOSED ALLEY CLOSING & EASEMENT IN BLOCK 327, LP 1, ? , & / LOTS 5-8 LOTS 252 ) m z ti \ , \ . C \ CD \ ; ± .. / . 1 inc h = 100 #e DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: June 13, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Linda Westergren Mailing Address: P.O. Box 610, La Porte, TX 77572 Consideration: Ten and No /100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): That portion of the alley in Block 327, Town of La Porte, Harris County, Texas, situated between Lots 5 through 8, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of eight hundred (800) square feet, which Street Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011 passed and approved by the City Council of the City of La Porte on June 13, 2011. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and al ranties that might arise by common law and the warranties n §'.023 of the Texas Property Code (or its successor) are ex. ude• i City f •-' to By: 1 ,1. Ron Bottoms, City Manager Attest: /,/ / / 44 k iii/d .ae: S - on Harris Assistant City Secretary Approved: (Z4"/ 2L; . / 1tw,- Clark T. Askins Assistant City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on the el day 7111 , 2011, by Ron Bottoms, City Manager of the City of La Porte, a municipal corporation. N tary Public, State of Texas ,, SHARON HARRIS WO My Commission Expires September 12, 2019 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE ASKINS & ASKINS, P.C. 604 West Fairmont Parkway P.O. Box 1218 La Porte, TX 77571 La Porte, TX 77572 -1218 DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: June 13, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Fred Westergren Mailing Address: P.O. Box 610, La Porte, TX 77572 Consideration: Ten and No /100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): That portion of the alley in Block 327, Town of La Porte, Harris County, Texas, situated between Lots 25 through 28, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of eight hundred (800) square feet, which Street Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011-55, passed and approved by the City Council of the City of La Porte on June 13, 2011. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and al arranties that might arise by common law and the warranties n :5.023 of the Texas Property Code (or its successor) are ex. ude•. Cit, a 'o e 4 By: Ron Bottoms, City Manager Attest: '.'d c ` 4.r1L1� Sha on Harris Assistant City Secretary Appro ed: / K/. / . Clark T. Askins Assistant City Attorne / STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the J day of J Wit , 2011, by Ron Bottoms, City Manager of the City of La Porte, a municipal corporation. o Public, State of Texas 1 I ` SHARON HARRIS 1 * # My Commission Expires I ■ ��« September 12, 2013 ' AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE ASKINS & ASKINS, P.C. 604 West Fairmont Parkway P.O. Box 1218 La Porte, TX 77571 La Porte, TX 77572 -1218 4 EXHIBIT "A" "" EXHIBIT "A" TO ORDINANCE N W E gAliZ i td,„ 414 W- BARBOURS - CUT- -BL-VD E BARBOURS-CUT-BLVD— ti PROPOSED ALLEY CLOSING & EASEMENT IN BLOCK 327, LP LOTS 5-8 LOTS 25 -28 O a , z Ir N w Z 1 inch = 100 feet 1 SANITARY SEWER EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS That LINDA WESTERGREN ( "Grantor "), for and in consideration to Ten and no /100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ( "Grantee "), a Municipal Corporation, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and assigns the perpetual right, privilege and easement, with appropriate rights of ingress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove AN 8" SANITARY SEWER LINE together with all necessary appurtenances, over, across, through and under that certain tract or parcel of land lying and being situated in Harris County, Texas and being more particularly described on Exhibits "A" & "B" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said GRANTEE, and its successors or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its successors or assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on this the day of ! /,/ /2011. -1 1 1 reei Linda We tergren, Grantor / This instrument was acknowledged before me on the I day of \ 2011 by r \1J , , Wises\ • £ Pubtteoas Mailing Address of Grantee .. City of La Porte 01RYP LOREATHA STRANGE 604 West Fairmont Parkway , , , � NOTARY PUBLIC %a STATE OF TEXAS La Porte, Texas 77571 1 °fyr r��45 MYCOMM.EXP.05(os /2014 • 2 EXHIBIT "A" West 1 /2 of a 16' Sanitary Sewer Easement Within a closed portion of the alley in Block 327, La Porte Being an 800 square foot tract of land situated within a closed portion of the alley in Block 327, La Porte, Harris County, Texas, and being more particularly described by metes & bounds as follows; BEGINNING at the northeast corner of Lot 5, Block 327, La Porte; THENCE in a southerly direction along the east line of Lots 5 through 8, Block 327, La Porte, to the southeast corner of Lot 8, Block 327, La Porte; a distance of 100 feet; THENCE in an easterly direction along a line projected between the southeast corner of Lot 8 and the southwest corner of Lot 25, Block 327, La Porte, a distance of 8 feet to a point for corner located on the centerline of the closed alley in Block 327, La Porte; THENCE in a northerly direction along the centerline of the closed alley in Block 327, La Porte, a distance of 100 feet, to a point for corner; THENCE in a westerly direction, along a line projected between the northeast corner of Lot 5 and the northwest corner of Lot 28, Block 327, La Porte, a distance of 8 feet, to POINT OF BEGINNING, containing a total area of 800 square feet of land. 3 N W-BARBOURS-OUT -BLVB 4 W -. — 8 [TS f 8 281X327 LiS29383I 632 8L132> l ns3a /euc32r WEST 1/2 of 16' SAN. SWR. ESMT. (800 SQ. FT.) LTS387688LK327 LTS25n778768OX327 / y � y L'f8CX7 F. 0 r L1 S910 tt d f28LK327 4 �y . l7$ 17 11421./2l8LX 327 • L7S 13 N 786 15 &K 327 Tom^- EXHIBIT "B" 1 SANITARY SEWER EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS That FRED WESTERGREN ( "Grantor "), for and in consideration to Ten and no /100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ( "Grantee "), a Municipal Corporation, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and assigns the perpetual right, privilege and easement, with appropriate rights of ingress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove AN 8" SANITARY SEWER LINE together with all necessary appurtenances, over, across, through and under that certain tract or parcel of land lying and being situated in Harris County, Texas and being more particularly described on Exhibits "A" & "B" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said GRANTEE, and its successors or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its successors or assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on this the 7 day of 2011. BY: _ - Fred -et= gr -', Grantor This instrument was acknowledged before me on the fl day of lr,l , 2011 by 14 ' 1 P411S otary Public, State of Te ' Mailing Address of Grantee City of La Porte 3 qY i(r ? o? < LOREATHA STRANGE 604 West Fairmont Parkway NOTARY PUBLIC La Porte, Texas 77571 • STATE OF TEXAS q MYCOMM.EXP.a5166 /2014 ( 2 EXHIBIT "A" East 1/2 of a 16' Sanitary Sewer Easement Within a closed portion of the alley in Block 327, La Porte Being an 800 square foot tract of land situated within a closed portion of the alley in Block 327, La Porte, Harris County, Texas, and being more particularly described by metes & bounds as follows; BEGINNING at the northwest corner of Lot 28, Block 327, La Porte; THENCE in a southerly direction along the east line of Lots 25 through 28, Block 327, La Porte, to the southwest corner of Lot 25, Block 327, La Porte; a distance of 100 feet; THENCE in an westerly direction along a line projected between the southeast corner of Lot 8 and the southwest corner of Lot 25, Block 327, La Porte, a distance of 8 feet to a point for corner located on the centerline of the closed alley in Block 327, La Porte; THENCE in a northerly direction along the centerline of the closed alley in Block 327, La Porte, a distance of 100 feet, to a point for corner; THENCE in a easterly direction, along a line projected between the northeast corner of Lot 5 and the northwest corner of Lot 28, Block 327, La Porte, a distance of 8 feet, to POINT OF BEGINNING, containing a total area of 800 square feet of land. 3 N W BARBOURS- GUT -BLVD W -: — E ITS 16 2EL1027 LTS793S 31632RIX327 1/2 of 16' SAN. SWR. ESMT. ITS 3eeLUxnr I (800 SQ. FT,) 1V LTSS S 761717711327 ITS 752617 a 28 six32r tT1 &_K1 C4 rs. so so OS T077612 &x327 ITS I7 TIOIU2T LUX 327 '6r- r� � LTS 1J 11 136768LK327 Mit tiO 5a, EXHIBIT "B" d REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 13, 2011 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planning Amount Budgeted: N/A Report: Resolution: Ordinance: X Amount Requested: N/A Exhibits: Budgeted Item: _ YES X NO 1. Ordinance 2. Public Utility Easement 3. Deed to Grantee 4. Area Map SUMMARY & RECOMMENDATION The City of La Porte has filed application to vacate, abandon and close the southernmost 200 ft. of the alley in Block 164, La Porte (the former Police Dept. site) to unify its properties adjacent to the subject alley for future sale. Staff, as well as the City's franchised utility companies (i.e. Centerpoint Energy, AT &T and Comcast) have reviewed the request and have indicated the need for a public utility easement to facilitate access to existing City and franchised utilities located within the alley. In accordance with Sections 62 -32(c) and 62 -35(c) of the Code of Ordinances, the City is exempt from standard application and fair market value fees for the closing. Recommendation: Staff recommends vacating, abandoning, and closing the subject alley, dedicating a public utility easement in its place, and issuing a deed to the City for that portion of the closed alley. Action Required of Council: Approve an ordinance vacating, abandoning, and closing the southernmost 200 ft. of the alley in Block 164, La Porte; authorize the execution of a public utility easement in its place, and authorize the ex- • . • s ' and delivery of a deed to the City of La Porte for the closed alley. ppr i //d r C � ouncil Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 2011- 335(p AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 164, LA PORTE, HARRIS COUNTY, TEXAS, RETAINING A SIXTEEN (16) FOOT WIDE PUBLIC UTILITY EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described portion of the alley in Block 164, La Porte; to vacate, abandon, and permanently close the hereinafter described portion of the alley in Block 164, La Porte, Harris County, Texas; and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the alley in Block 164, La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the alley in Block 164, La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the alley in Block 164, La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the alley in Block 164, La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: 2 That portion of the alley in Block 164, La Porte, situated between Lots 9 through 16 and Lots 17 through 24 of said block, containing a total of 3,200 square feet and generally illustrated on Exhibit "A" incorporated by reference herein. Section 2. The City of La Porte hereby retains for itself, its successors and assigns, a sixteen (16) foot wide public utility easement within that portion of the above - described alley closing. 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 public as required by law at all times during which this ordinance 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. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PASSED AND APPROVED THIS 13 DAY OF 2011. CITY OF LA PORTE By: d• i L. is R. iry, Mayor ATTEST: A sk . i s...0 ..1. Patrice Fogar ;t, Cit Secretary APPROVED: a Knox W. Askins, City Attorney PUBLIC UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF HARRIS That CITY OF LA PORTE ( "Grantor "), for and in consideration of Ten and no /100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ( "Grantee "), a Municipal Corporation, and it's FRANCHISED UTILITY COMPANIES, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and assigns the perpetual right, privilege and easement, with appropriate rights of ingress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove PUBLIC UTILITIES, together with all necessary appurtenances, over, across, through and under that certain tract or parcel of land lying and being situated in Harris County, Texas and being more particularly described on Exhibits "A" & "B" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said GRANTEE, its FRANCHISED UTILITY COMPANIES, and its successors or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its FRANCHISED UTILITY COMPANIES, its successors or assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on this he day + ►I , 2011. BY: Grantor or Auth. iz - Representative This instrument was acknowledged before me on the I day oM.(llf- , 2011 by 1On &*knIS 01-eat,a) otary Public, State of Texas Mailing Address of Grantee City of La Porte HARRIS 604 West Fairmont Parkway ' 7�i� M y Commission Expires ■ September 12, 2013 i La Porte, Texas 77571 6 +* a . 0 DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: June 13, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Consideration: Ten and No /100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): That portion of the alley in Block 164, Town of La Porte, Harris County, Texas, situated between Lots 9 through 16 and Lots 17 through 24, as generally illustrated on Exhibit "A" attached hereto and made part hereof, containing a total of three thousand two hundred (3,200) square feet, which Street Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011 -, passed and approved by the City Council of the City - CRia Porte on June 13, 2011. SAVE AND EXCEPT: Grantor retains for itself, its successors and assigns, a sixteen (16) foot wide public utility easement within the above described portion of the alley in Block 164, Town of La Porte, Harris County, Texas. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties :5.023 of the Texas Property Code (or its successor) are exc ded Cit � of a '• to By: Ron Bot oms, City Manager A, est: Patrice Fog -g y T n City Secretary 64 4 Approved: X Knox W. Askins City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § --- This instrument was acknowledged before me on the day of ciun 2011, by Ron Bottoms, City Manager of the City of La Porte, a municipal corporation. ildatik of y Public, State of Texas SHARON HARRIS tab,. MY r1 Expires � _ / September COmmISSiO 12, 2013 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE ASKINS & ASKINS, P.C. 604 West Fairmont Parkway P.O. Box 1218 La Porte, TX 77571 La Porte, TX 77572 -1218 4 .. II EXHIBIT "A" to ORDINANCE 148 1 11M s W H ST 1 i PROPOSED 16' x 200' ALLEY CLOSING & PUBLIC UTILITY ESMT. DEDICATION 1 65 163 co co cn N k W I ST 172 1 c 174 EXHIBIT "A" (16' wide Public Utility Easement in Block 164, Town of La Porte) Being a 3,200 square foot tract of land situated in Block 164, Town of La Porte, Harris County, Texas, and being more particularly described by metes & bounds as follows; BEGINNING at the northeast corner of Lot 9, Block 164, La Porte; THENCE in a southerly direction along the east line of Lots 9 through 16, to the southeast corner of Lot 16, a distance of 200 feet; THENCE in an easterly direction along the north right -of -way line of West "I" Street (60' wide) to the southwest corner of Lot 17, a distance of sixteen 16 feet; THENCE in a northerly direction along the west line of Lots 17 through 24, to the northwest corner of Lot 24, a distance of 200 feet; THENCE in a westerly direction, crossing the alley in Block 164, La Porte, to the northeast corner of Lot 9, a distance of 16 feet, to POINT OF BEGINNING, containing a total area of 3,200 square feet of land. EXHIBIT "B" 148 149 W 'ONO' - E s 1 inch = 75 feet W-11-ST c 165 • ' PROP. 16'x200' pp ir PUBLIC UTILITY EASEMENT `h 16' W -I -ST 172 17Z 174 1 e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13, 2011 Appropriation Fund 005 Requested By: Stephen L. Barr Source of Funds: Fund 015 Department: Parks & Recreation Account Number: 005- 9892 -615 -1100 015- 9892 - 893 -1100 Report: X Resolution: Ordinance: Amount Available: Fund 005, $30,000; Fund 015, $25,000 Attachments: Quote #1114 Tabulation Requested: $55,000 Attachments: Contractor List Budgeted Item: YES X NO Attachments: SUMMARY & RECOMMENDATION An invitation to quote #1114 was issued for construction, striping and signage for two bicycle street paths, one on Driftwood St. and the other on East "E" St., to 36 contractors (see Contractor List). Quotes were opened May 26, 2011 and the City received quotes from 6 contractors (see Quote Tabulation). The low quote meeting specifications was submitted by Texcore Construction Specialties in the amount of $49,967 for the project. The project is budgeted in the Fund 05 Trails budget as shown above. The actual cost of the project exceeds the budgeted amount, due primarily to the increase in concrete, fuel, and paint costs since the estimate was submitted. Additional funding in the amount of $25,000 is available from the unused portion of the Fairmont Trail project (see above account number). When completed, the Driftwood project will provide north -south access between Fairmont Parkway and Spencer Highway, through the East Fairmont Park subdivision. The East "E" Street project will provide access from the San Jacinto pathway, to the eastern boundary of the City, connecting with the Morgan's Point trail system at Park Street. Staff recommends approval of the quoted amount of $49,967, plus a 10 percent contingency, for a total of $55,000 to provide these two needed projects for the City. Action Required by Council: Consider approval or other action to enter into a contract with Texcore Construction Specialties for construction, striping and signage for a bicycle path on Driftwood St. and East "E" St. in the amount of $49,967, plus a 10 percent proj : n , ency, for an amount not to exceed $55,000. 1 . T �i'�rCi ,. „ it . •enda / Ron Bottoms, rty Manager Date 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O W o 0 0 L() O CO CO V; 0 0 0 0 0 '1' 0 U V o O 0 ~ c) O O O N- 0 N 0 O N O ' N M M V' co Q W co 00 N co 2 u) ER ER ER ER EFT ER ER ER ER Ee. ER ER ER ER EFT 0 h 0 0 0 0 14) 0 0 0 0 0 0 0 ti Z O C) CO N 0 O CO O O O O O CD M ~ O 0 f� r O 0 0 0 O M Z '4) co_ 1- co co N 1l) h W W h c- ti 7 ER ER co ER ER ea ER ER ER ER ER ER ER ER EA Q �[ co 0 0 0 0 0 N N CO M N- M CO M 0 � C ) co Cl. re 0 0 10 O 0) 0) r LO Is. 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F" .— e- co h O N. ti O N N LO O 0) it d M co M O O c) c . Z � O c) V im Q E N N Fe t 4q 0 v L N a .I co @ J N Q Z ° N N 3 0 c 0 1- 0 c t t as ry L co Bo in >. 0 0 0 E) c r 3 m m . . CO d d n. c Er o) o) co) v v 0 CII W c E a) m • c c c c m c Q O co a) Y Y Y c c m N T T 'O a) co CO CC) c LL m t- m m 2 2 2 U)� 0) 0 .2 2 O t 7 a) U a a a ac) b co E Lm iNi U a) m U X a) a)> a) X X x v m a m L c - U ) H> 0 io CO (1. CO CO °r b N = Li N N M 4 in co O a) O•- N M rl Contractor LIST Quote #1114 -East "E" Street & Driftwood Dr. Bike Trail Amtek Durwood Green Construction Co., Inc. 4001 Sherwood P.O. Box 1338 Houston, TX 77092 Stafford, Texas 77477 Angel Brothers Enterprises, Ltd. Four Seasons Development 5210 West Road 5825 W. Sam Houston Pkwy N. Baytown, Texas 77521 Houston, TX 77041 BHR- Garver Construction, LTD. Hale Mills Construction 7600 Santa Fe Drive, Bldg. Al 4130 Bellaire Blvd., Ste 210 Houston, Texas 77061 Houston, TX 77025 Bridege Pointe Builders Harvey Builders 203 Tuna Run Rd P.O. Box 42008 Freeport, TX 77541 Houston, TX 77242 -2008 Brooks Concrete Inc. Houston AGC & ISQFT 4018 Allen Genoa 3825 Dacoma St Pasadena, TX 77504 Houston, TX 77092 C.F. Jordan, L.P. Huff & Mitchel, Inc. 9801 Westheimer, Suite 320 16410 Huffmeister Houston, TX 77042 Cypress, Texas 77429 Comex Corporation Hull & Hull, Inc. P.O. Box 862 2222 Kelley St. Deer Park, TX 77536 Houston, TX 77026 D. L. Meacham L.P. Jerdon Enterprise, L.P. 2102 Haskins 13404 Redfish Lane Houston, TX 77080 Stafford, TX 77477 D &W Contractors, Inc. Landesign P.O. Box 1075 17041 El Camino Real #101 Channelview, Texas 77530 Houston, TX 77058 Division One Construction Lone Star Road Construction, Ltd. 2855 Mangum Rd., Suite B -105 10333 Windfern Houston, TX 77092 Houston, TX 77064 Dobs Data Lucas Construction PO Box 55546 551 C Link Rd. Houston, TX 77255 -5546 League City, TX 77573 Mar -Con Services, L.L.C. Traffic Calming USA P.O. Box 837 110 Thompson Rd #102 Deer Park, Texas 77536 Hiram, GA 30141 Onvia, Inc Turner Construction Company 509 Olive Way Suite 400 4623 Dacoma St Seattle, WA 98101 Houston, TX 77092 Patak Construction, Inc. Vaughn Construction 1927 Hwy. 146 10355 Westpark Dr. Kemah, Texas 77565 Houston, TX 77042 -5312 Ranger Constructions Bridge Pointe Builders 2114 9 St 203 tuna Run Rd Galena Park, TX 77547 Freeport, TX 77541 Slack & Co. Contracting, Inc. Southern Customs, Inc 10622 South Main St 9219 Katy Freeway #130 Houston, TX 77025 Houston, TX 77024 SpawGlass Civil Construction, Inc. T & T Construction 13800 West Road 204 Preston Houston, TX 77041 Pasadena, TX 77503 Teamwork Construction Services, Inc Texcore Construction Specialties 2901 1/2 Preston Ave PO Box 2682 Pasadena, TX 77503 League City, TX 77573 \ \ ....stipi,,_______,- t omb ,,,,....„.4 ....., _.....4.4_,:z. 0 ,40,..4 , ,.) , ig .__-_,A;) \ \ 0‹). T,-; ! \,,,.. \ \ .' r \....\ i --- ' * \ :': ' 1 , CI 4. ° I ,1 i 1 i k * • C t" \ \ 4 5 4. L—AsPe ; 1 0 ,..> ea z \ \,..........: 't t ' 050/nor); . --6 3 ° \ v-- \ 0.0NrOke ,,./ ''L \ ' '' - 1 C:. • ';'•-•-- , . 1 .. 1 r '.. ' r '`, , ' \ , 'Er ' I r .....-•-•- -- --- _ \ . ,r Th. - t_ ,, r , - _., tAl, ftl=tr J- Q to x 0 *i0;:ii eAtc • 4.•• i „...d 0 -74 I SM s' n o a�, Cr) 5 a Y k + 1 • H. "1 � 1 .. ! It ` � � ., � fi► . � �`~ �. , � ��'� te e ' " } �i '"� a 7 , �a• `t . \ . �1. . � . . - c3 4 . v c ca; � C �, ♦ " ,. : f � ,_ .. r y � a` st y ✓ �� 9 J; ! \,;11'4'14. 44; sh Y s < ` ' . ,,.\ '>'*".. '14.' ' .: , *, .„(S.,,,`" � s h %� :� + �° o pt . 1 ■ va" t¢ . : • '°.. r' 1 �`'f . � \'Y+ - ` ,r- " x ." ". ice 7 Q a y� s �,y� CJ ^a S /Y n N , ,:' , 's a `. .r ` ii. ' * .; a ♦. miN, f REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 13, 2011 Source of Funds: GEN 957 Requested By: Julian Garza Account Number: 050- 9892 - 957 -1100 Department: Planning Amount Budgeted: $700,000.00 Report: X Resolution: _ Ordinance: Amount Requested: $967,801.89 Exhibit: Consulting Engineers' Recommendation Budgeted Item: RYES NO Exhibit: Unit Bid Tabulation Exhibit: Location Map Exhibit: Brookglen Site Layout Exhibit: Fairmont Park West Site Layout Exhibit: Creekmont Site Layout SUMMARY Advertized, sealed bid number 11023 — Sheet Flow Relief Structures for Brookglen, Creekmont, and Fairmont Park West Subdivisions bids were opened and read on May 27, 2011. The City received bids from two (2) vendors. The low bid was submitted by Paskey, Inc. in the amount of $921,716.09. At Council's direction the project has been re- designed to underground construction of storm sewer manholes, inlets and junction boxes, removal of underground storm sewers, manholes and inlets. The $700,000 budgeted for the original design will be supplemented with up to $267,801 (represents the difference in cost for the new design) from the 2010 Drainage Bond fund. The storm sewer installation is both open cut and trenchless method (hand mine tunneling with pipe jacking), removal of manholes and outfalls in HCFCD drainage right -of -way, new outfalls to HCFCD drainage channels, street removal and repair, removal and replacement of driveways and sidewalks, water main relocation, removal and resetting fences and surface restoration. The Project is located in the Brookglen, Creekmont, Glen Meadows and Fairmont Park West Subdivisions. Staff recommends award of contract in the amount of $921,716.09 to the low bidder, Paskey, Inc. Staff also recommends authorizing a 5% contingency equal to $46,085.80 for a total authorized amount requested of $967,801.89. Action Required by Council: Authorize the City Manager to enter into contract with Paskey, Inc. in the amount of $921,716.09 and further autho ' •.. a 5% contingency of $46,085.80 for a total amount of $967,801.89 for construction of Sheet F . ' Relie Structures for Brookglen, Creekmont, and Fairmont Park West Subdivisions. I rove I ME. Cou cil A enda Ron Bottoms, City anager Date klotz';1Passociates 1 160 Dairy Ashford, Suite 500 Houston, Texas 77079 7 281389.7257 F 281.589.7309 houston.office@klotz.com May 27, 2011 Mr. Julian Garza, P.E. Senior Engineer City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Re: Sheet Flow Relief Structures for Brookglen, Creekmont & Fairmont Park West Subdivisions La Porte Bid No. 11023 Klotz Associates Project No. 0127.009.000 Dear Mr. Garza: The City of La Porte received bids for the above referenced project on May 27, 2011. Two (2) bids were received with the low bidder being Paskey Inc. Their bid was $921,716.09. Klotz Associates, Inc. has reviewed the bids for the construction of the Sheet Flow Relief Structures for Brookglen, Creekmont & Farimont Park West Subdivisions and the bid forms all appear to be responsive. A bid tabulation showing all of the bids received and the opinion of probable construction cost prepared by Klotz Associates is attached. There were no mathematical errors found in either of the bid forms. The City reported that Paskey Inc. is prequalified to perform on this project so we provided only a cursory review of the prequalification statement provided. References were not contacted. Klotz Associates recommends award of the contract to Paskey Inc. for the proposed amount of $921,716.09, contingent upon approval of the bonds and certificate of insurance by the City of La Porte. Please contact us if you have any questions or require any additional information. Sincerely, Steve Stacy, P.E. Department Manager . J: \0127.009.000 \07.00 CADD \Lo Porte Drainage \02 – Constru Drowings \E%HIDITS \CoverJ3rookglen.dwg Jun 01 2011 .-1E rqr- — iroxinewa, ;idling t o ,___,, ; i i I IIIMPNI,LA .4._ ! „ 7 „, t, ..... .. i _,45, W �. �C 11111111111trillill ro z :� V1STA XI M j `... Y1;;• 110 n" Ail A 0 i fTl 111111111.4 '_. Nulxn A Z = E I ni ET 0 oS E 0 1 ��I ATH C D pirr —1 um ill �RIDGCFIE 1� MI - ''` mom to I Z i ' R I 1111111----^--.1 1. 6 2 k-UM JIG qD __... -'.' M. �a • - x jnpLK INGBIkD MC ADDV Crs 1> N � � �I VILLOV 9. t � `� �� . :� Atl . j � VICV [iDLDEN ��Y�'r �[17�1�*jb SR6 VNIxG �� H ART ' . 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Ell. a ni P ` ( L x Q o G Z 1 , O ^3 o riV2 Nn 8 N im -ate 9 g �a �% �s ! ° O to g " p0 liali o 1 Ax; s x rD m N --1 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13, 2011 Appropriation Requested By: David Mick Source of Funds Fund 003 Utilities CIP Department: Public Works Account Number: 003 - 9890 - 998 -1100 Report: Resolution: Ordinance: Amount Budgeted: $ 450,000 Exhibits: Change Order Amount Requested: $ 13,791.08 Exhibits: Budgeted Item: yes SUMMARY & RECOMMENDATION Part of the 25 Street Water Plant improvements is to increase the size of the pump discharge header from 10 inch to 16 inch diameter and attach it to the existing 16 inch distribution line. During construction it was discovered that there is an additional 40 feet of existing 10 inch line underground from the water plant to the 16 inch water distribution line. Record drawings showed that it was 16 inch. The water system has been under peak demand due to the drought conditions for the last month and it was critical to get the well pump back in service for emergency operation in the event of failure at another well site or an increase demand from a fire emergency. The City Manager's office authorized an emergency change order to replace the additional 40 feet of 16 inch to get the well back in service. The Contractor has estimated $13,791.08 to replace the existing line with 16 inch line to get the well in service. Staff verified material cost and approximate man hours to replace the additional line. A $6,000 contingency was approved by consent at the October 11, 2010 Council meeting when awarding the contract to R & B Group. An additional $7,791.08 requires Council approval. The additional funds are available in this Capital Improvement Project account. Action Re 1 • • 1 by Council: Author' . the C Manager to execute change order #1 to R & B Group Inc. in the amount of $13,792.08 to in 411 an as 4 itional 40 feet of waterline and fittings. A i ' rove 's 11Ci C � j A ' enda r ef ' on Bottoms, City Manager Date CHANGE ORDER No. 1 PROJECT: 25 STREET WATER PLANT DATE OF ISSUANCE: 6 -1 -2011 IMPROVEMENTS OWNER's Project No.: 10036 OWNER: City of La Porte Public Works facility, 2963 N. 23rd Street ENGINEER: HDRIClaunch & Miller, Inc. La Porte, TX 77571 4635 Southwest Freeway, Suite 1000 Houston, Texas 77027 CONTRACTOR: R &B Group, Inc. 1213 N. Durham, Houston, TX 77008 ENGINEER's Project No.: 10 -031 CONTRACT FOR: 25 Street Water Plant Improvements Project You are directed to make the following changes in the Contract Documents. Description: Construct approx. 40 linear feet of 16 -inch diameter water main to tie -in to the existing 16 -inch diameter distribution system at the 25 Street Water Plant Site. Purpose of Change Order: The record drawings of the 25 Street Water Plant indicated that a 16- inch water main extended into the plant site and connected to the booster pump header. It was found during construction that the 16 -inch pipe did not extend into the site, but rather was a 10 -inch diameter pipe. The purpose of this change order is to provide an adequately sized pipe connection to the newly improved booster pumping system. Attachments: Contractors itemized breakdown of charges and Total Cost for the Change to plans. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time $ 388,500.00 180 calendar days Previous Change Orders No. to No Net change from previous Change Orders $ 0 0 calendar days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 388,500.00 180 calendar days Net Increase (Dee of this Change Order Net Increase c) of this Change Order $ 13,791.08 0 calendar days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 402,291.08 180 calendar days RECO L4 ENDED: APPROVED: APPROVED: HDRI I . • : Miller, Inc. P by %�./ by by A-- r r l ��/ / ngin. Owner Contractor _.r h REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13, 2011 Appropriation Requested By: David Mick Source of Funds: N/A Department: Public Works Account Number: N/A Report: Resolution: XX Ordinance: XX Amount Budgeted; N/A Exhibits: 2003 Ordinance (markup and clean) Amount Requested: Exhibits: Proposed Ordinance Rnduet't1 Item! N/A Exhibits: Besolution SUMMARY & RECOMMENDATION The City of La Porte has operated an Industrial Waste Pre - treatment Program since the mid 1980's as required by State and Federal Mandate. In September 2009, the Texas Commission on Environmental Quality ( TCEQ ) conducted an audit of the City's Pretreatment Program / Municipal Pollution Prevention Assessment. The findings of the audit identified deficiencies which require the City to: 1. Revise the Industrial Waste Ordinance to comply with current federal regulations; and 2. To align the ordinance with specific components of the Industrial Waste program The proposed 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. Changes to the current ordinance include the addition, deletion, and revision to numerous definitions, the addition and deletion of metal maximum contaminate levels based on current influent and effluent contaminates levels, and modifications to regulatory authority, other language and typographical changes. Additionally, the TCEQ requires a "Funding Resolution" by the governing body to ensure that adequate funding is provided for the operation and maintenance of the City's Pretreatment Program for the protection of the City's treatment works, personnel and the public. Current Significant Industrial Users (SIU's) are aware of the changes and none have expressed concern at this time. The Industrial Waste program is funded in the Wastewater Treatment Division budget through various accounts including an Industrial Waste Inspector, laboratory testing, equipment and supplies, etc. Staff plans to review current fees and return to Council with revised rate plan structure in the future. Acti I • ' • quired by Council: pprove w ord ce and resolution A• s r 'ed ' 1 i 1 Council A enda 4° Ron Bottoms, rty Manager L e ORDINANCE NO. 2003-2642 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 THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00), 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, to read as follows: 1 DIVISION SECTION-I GENERAL PROVISIONS 74 -36( )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.), and 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 G. To enable the City of La Porte to comply with its TPDES permit conditions, . . - . . • .. . .. • - -- - - and any other Federal or State laws to which the POTW is subject. This ordinance 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. 74 -37( 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 2 granted to or duties imposed upon the Director of Public Works may be delegated by the Director of Public Works to other city personnel. 74.38 {1.3)Abbreviations The following abbreviation shall have the designated meanings: 2" NOV Second Noticc of Violation BOD Biochemical Oxygen Demand CA Control Authority CFR Code of Federal Regulations COD Chemical Oxygen Demand EPA Environmental Protection Agency gpd Gallons Per Day LEL Lower Explosive Limit mg Milligram mg /I Milligram Per Liter DU Domestic Uscr NIS Notice of Impending Suspension NSIU Non Significant Industrial Uscr NOV Notice of Violation POTW Publicly Owned Treatment Works TPDES Texas Pollutant Discharge Elimination System O &M Operation and Maintenance RCRA Resource Conservation and Recovery Act SIU Significant Industrial User SNC Significant Non Compliance SIC Standard Industrial Code SWDA Solids Waste Disposal Act (12 U.S.0 --901, et seq. ) TPDES Texas Pollutant Discharge Elimination System TSS Total Suspended Solids U.S.0 United States Code 74- 39(1.4 )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 — Is the Executive Director of the TCEQ. The Director 3 ... _. - • - _ • . . _ . • . . : • " ! . - - •! . - 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 - • - _ . • - _ - _ . _ _ _ . • - -• - - . . - - •.' -- • , 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. By a duly authorized representative the individuals described in paragraphs 1 -3 above may designate another authorized representative if the authorization is in writing if: a. The authorization is made in writing by the individual described in paragraphs 1 -3 above b. The authorization specifies either the individual or a position person nsiblc having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility or having overall responsibility for the environmental matters for the company, and c. The written authorization is submitted to the CA. 5. If authorization under paragraph C 4 of this section , is no longer accurate because a different individual or position has responsibility 4 for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirement of paragraph C 4. of this section must be submitted to the CA prior or together with any reports to be signed by an authorized representative. D. Best Management Practices The schedule of activities, prohibition of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 74 -461 2.1A and B) (10CFR103.5(a)(1) and (b)) BMPs include treatment requirements , operating procedures, and practices to control plant site runoff, spillage, Teaks, sludge or waste disposal or drainage from raw material storage. BMPs also include alternative means(i.e., management plans) of complying with, or in place certain established categorical Pretreatment Standards and effluent limits. E. Biochemical Oxygen Demand (BOD ) — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five(5) days at 20 degrees centigrade expressed in terms of mass and concentration [ milligram per liter ( mg/I )1. F. Categorical Pretreatment Standard or Categorical Standard - Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 270 (b) and (a ) 307 (b) and (c) of the act ( 33 U.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 and 40CFR Chapter I , Subchapter N. G. Categorical Industrial User — An IU subject to Categorical Pretreatment Standard or Categorical Standard. I. Certificate of Occupancy A permit showing that the industry or business City - The City of La Porte or the City Council of La Porte. J. Chemical Oxygen Demand ( COD ) - The measure of oxygen consumed from a chemical oxidant, expressed as mg/I. 14. Color The optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent ( 100 % ) 5 1. Composite Sample - Composite samples are used to measure the average amount of pollutants, for which grab samples are not necessitated, discharge during the composite period. A sample consists of numerous individual discrete samples The aggregate sample period . taken either time proportionally or flow proportionally over a period of time , 24 hours or Tess (where there is intermittent or batch dischargers). Flow proportional is preferable, but time proportional composite samples may be permitted where flow - proportional samples are not feasible, as long as it will still provide a representative sample. M. Control Authority - The City of La Porte or "City ". N. 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. M . !. •- - - ._ •- - - - - .. - ! ! . • .. • 1 N. !. -- _ - e_ .. _ ._ • _ _ O. Environmental Protection Agency or EPA - The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a do ignatien for the Regional Water Management Division Director of Public Works, the Regional Administrator ,other duly authorized official of said agency. P. Existing Source - Any source of discharge, that is not "New Source ". Any Q. Grab Sample - A sample that is taken from a with regard to the flow in the waste stream and over a period of time not to exceed 15 minutes 6 R. Indirect Discharge or Discharge - The introduction of a non dome tic pollutant into the POTW from any non - domestic source regulated ndcr 5. Industrial User or User - - - - - • • - • - • . • . - • _ • - - • •• - . _ • . A source of indirect discharge. T. - e . _ .. • _ ... - - .. - - documented describing the applicant's production process, raw U. .. - - - - , - _. or process, or from the development of any natural resource, or any V. 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. W. Interference- A discharge which alone or in conjunction with a discharge or discharges from other sources which inhibits or disrupts the POTW , its treatment process or operations or its sludge processes, use or disposal; or causes of a violation of any of the POTW 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 hereunder or more stringent state or local regulations) : Section 405 of the Clean Water Act; the Solid Waste Disposal Act ( SWDA), including Title II, RCRA any State sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act. or discharges from other sources: 7 1.) inhibits or disrupts the POTW , its treatment process or operations or its sludge processes, use or disposal; and 2.) therefore is a cause of a violation of City's TIDES permit or of the . . • • • • • • • • . • . • • • • • • • • • • • X. Lower Explosive Limit — The concentration of a gs or vapor ( in ignite. Y. Medical Waste — Isolation wastes, infectious agents, human blood and blood by- wastes products, pathological wastes, sharps, body parts, fomites, etiologic, contaminated bedding, surgical potentially contaminated laboratory wastes and dialysis wastes. Z. Monthly Average Limit — The highest allowable average of daily discharges over calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during the month. Z. 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 totally 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 8 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: (1) Any placement, assembly, or installation of facilities or equipment, or (11) 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. (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 Toss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. AA. 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. 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, 9 agents or assigns. This definition includes all Federal, State, or Local governmental entities. &D 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 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 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 — National Pretreatment standard, shall mean prohibitive discharge standards, categorical pretreatment standards, and local limits. II. Process Wastewater — Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product. JJ. Prohibitive Discharge — Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance. KK. 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 only if they convey wastewater to a treatment plant. The term also means the municipal 10 entity having jurisdiction over the indirect dischargers and responsibility for the operation and maintenance of the treatment plant. LL. Septic Tank Waste — Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. MM. Sewage — Human excrement and gray water ( household showers, dishwashing operation, etc.) . A combination of water - carried waste; from residences, buildings, institution, and industrial establishments. NN.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 ( excluding sanitary, non - contact cooling, and boiler blow down wastewater). ii) 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, U is designated as significant by the CA based on the reasonable potential that the industrial user can adversely affect the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.08.(f)(6) 00. 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 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. PP. Standard Industrial Classification Code ( SIC ) — A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office Management and Budget. 00. Storm Water — Any flow occurring during or following any form of natural precipitation, resulting therefrom, including snowmelt. 8R. Surcharge The charge in addition to the published water and sewer rate. The basis for surcharges on industrial wastes is a capital and BOD exceeding "domestic" sewage. 11 SS. 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. TT. Toxic Pollutant — One of 126 pollutants, or combination of those - _ , - ' . • - - - . • - - - . 9 - the provision of Section 30 (33 U.S.C. 131 - • - - • - • - • - re po ll u t an + . III Tr Plant Effluent Any discharge of pollutants from the POTW WW. 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. XX. 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. DIVISION SECTION 2. GENERAL SEWER USE REQUIREMENTS 74-46( 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. 12 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 closed -cup flash point of Tess than 140 degrees Fahrenheit ( 60 degrees Centigrade ) using the test methods specified in 40 CFR 261.21. B. Any wastewater having a pH Tess 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. 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 104 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 . - - - - - -- . . . . . - - . - - p d b., th POTW Moved to 74 -64B 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. 13 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. N. Any medical waste, except as specifically authorized by the Director in a wastewater discharge permit. O. 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 200mg /I. R. No person shall discharge into the public sewer any of the following Antimony Molybdenum Beryllium Naphtha Bismuth Insecticides Boron Tellurium Fungicides Tin Gasoline Uranyl ion Herbicides Radioactive Elements 14 storage areas must be discharge to the industrial user's pretreatment facility before connecting with the POTW. 74 -47( 2.1) Federal Categorical Pretreatment Standards The national categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405 -471 and 40CFR Chapter l , Subchapter N.are hereby A. When wastewater subject to categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Director shall impose an alternate limit in accordance with 40CFR 403.6(e). B. Once included in it permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical Standards from which the equivalent limitations were derived. C. Many categorical Pretreatment Standards specify on limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or 4 -day average limitations. Where such standards ar being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation. D. Any IU operating under a permit incorporating equivalent mass or concentration limits calculated form production -based standard shall notify the Director within two(2) business days after the IU has a reasonable basis to know the production level will significantly change within the next calendar month. Any IU not notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on th original estimate of the long term average production rate. 74- 48(2.3) State Pretreatment Standards lUs must comply with the state pretreatment standards found in TAC 30 chapters 307 and 315. 74 -49 (2.1)Local Limits A. The Director is authorized to establish Local Limits pursuant to 40CFR 403.5(c). B. The following pollutants limits are established to protect against pass through and interference. 15 I ■ " I ■ • ' . . ' ' - - - • • developed at least once every three years and the City will effectively enforce sewer-system, ( S 1 i • - - . _ _ - -- - . . Under this article, the maximum allowable concentrations of heavy metals, stated in terms of milligrams per liter (mg/I), are as follows: (1) ARSENIC 1.108 mg /I (2) CADMIUM 0.284 mg /I (3) CHROMIUM 1.377 mg /I (4) COPPER 0.43 mg /I (5) CYANIDE 0.75 mg /I (6) LEAD 0.141 mg /I (7) MERCURY 0.005 mg /I (8) NICKEL 0.075 mg /I Selenium 2.1 mg/I (9) SILVER 0.66 mg /I (10) ZINC 2.295 mg /I C. The above limits apply at the point where the wastewater is discharge to the POTW. All concentrations for metallic substances are for total metals unless indicated otherwise. The Director may impose mass limitations in addition to the concentration -based limitation above. • ■■■ •. • - ■ ■■■ -. • - •• •• • The limit will be enforced by the minimum analytical limit (MAL) of a permitted ...Je e y'e ,a :.-, L,,..•,.,, 74- 50(2.5)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 74 -36 Section 1.1 of this ordinance or the general and specific prohibitions in 74 -46 Section 2.1 of this ordinance. 16 25 S n,. n t The City reserves the right to enter into special agreements with industrial users to a categorical standard in accordance with 10 CFR 403.15. They may also • • - .. • - - - - - - - - - - - cstablishing that pretreatment standard. An industrial user requesting a . , . • , . 74 -50{- §;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 applicable pretreatment standards or requirements, or in other case when the imposition of mass limitations is appropriate. 74- 51(2.6)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 USEPA, 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. 17 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. DIVISION SECTION- 3. PRETREATMENT OF WASTEWATER 74 -61.( 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 EPA, 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. 74 - 62. (3.2) Additional Pretreatment Measures 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 /or 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. 18 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 cleaned /repaired in pcctcd, clan ^a, and rcpairc , as needed or more often if the CA deems necessary, by the permittee at their own expense. These interceptors shall be subject to the CA inspections. 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. 74 -63. (34)Accidental Discharges /Slug Discharge Control Plan The Director shall evaluate within one year of being designated as an SIU, whether each SIU needs an accidental discharge /slug discharge control plan or other action to control slug discharges. The results of such activities shall be available to the Approval Authority upon request. The Director may require any IU to develop, submit for approval and implement such a plan or take such other action necessary to control Slug Discharges. Alternatively, the Director may develop such a plan for any IU. An accidental discharge /slug discharge control plan shall address, at minimum, the following: A. Description of discharge practices, including non routine batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the Director of any accidental or Slug discharge, as required in Section 74 -106 of this article; and D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but not limited to , inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading of operations , control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and /measures and equipment for emergency response. 19 74 -64 43.4) Hauled Waste A. Septic domestic tank waste may be introduced into the POTW only at location designated by the Director and at such times as established by the Director. Such waste shall not violate Section 2 Division 2 of this erinancc article or any other requirements established by the City. The Director may require septic tank waste haulers to obtain wastewater discharge permit. B. No hauled in industrial waste may be discharged to the City's sanitary sewer system or the POTW. DIVISION SECTION 4. WASTEWATER DISCHARGE PERMIT ELIGIBILITY 74 71.(1.1) 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. 74 72 {1.2) Wastewater Discharge Permit Requirements A. It shall be unlawful for any industrial uscr to No SIU shall discharge wastewater into the POTW without ffst obtaining a wastewater discharge permit from the Director, except that a SIU that has filed a timely application pursuant to 74- 73S^�; -4,3 of this er4inance article may continue to discharge for the time period specified herein. ^ny v i o l a ti on o f th + d _ . - - • _ e . e. . - . . - . - . -- • -- B. The Director may require other Users to obtain wastewater discharge permits as necessary to carry out the purposed of this article. 20 C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in Division 10 through 12 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or requirements or any other requirements of Federal and State and local law. 74 73.0.3) Wastewater Discharge Permitting Existing Connections Any industrial user which di charge industrial waste required to obtain a wastewater permit who was discharging wastewater into the POTW prior to the effective date of this ordin -awe article 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 1.5 74 -75 below, and shall not cause and allow discharges to the POTW to continue after ninety ( 90 ) days of the effective date of this ^me article except in accordance with a wastewater discharge permit issued by the Director. 74 - 74 Wastewater Discharge Permitting: New Connections Any User required to obtain a wastewater permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater permit, in accordance with Section 74 -75 of this article, must be filed at least thirty (30) calendar days prior to the date upon which any discharge will begin or recommence. 74 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 b elow, • . - - - • . _ • • - • - - .. - _ _ . Jew -- • - _ - • • - •e - • - - - • - - -- - - . • - • - " . The Wastewater discharge application shall be submitted to the CA thirty (30) calendar days prior to date of permit expiration or proposed date of discharge or for new lUs at least thirty (30) calendar days from the date they receive a permit application from the City. 21 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. rt raid indus trial urnr. 74 - 76 (4:5} Wastewater Discharge Permit Application Contents ... . - • - •• - - - - • . _ .. • . - - • . - . - ... _•, th.+ f m . b rn gues t e d : � - - - - - , - , . . - . - - - - - - ... - , . .. a • . operatien, • Each product produccd by typc, amount, proccss or processes, and rate of production, p e, sewers and appurtenances by size, location and elevation and all points of disc location. A. Identifying Information. 1. The name and address, including the name of the operator and owner. 2. Contact information, description of activities, facilities, and plant production processes; B. Environmental Permits. A list of any environmental control held by or for the facility. C. Description of Operations. 22 1. A brief description of the nature, average rate of production (including each product produced by type, amount, processes and rate production, and SIC number(s) of operation(s) carried out by each IU. This description should include a schematic process diagram, which indicates points of discharge to the POTW from regulated processes. 2. Types generated, and list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the POTW. 3. Number and type of employees, hours of operation, and proposed or actual hours of operation. 4. Type and amount of raw materials processed (average and maximum per day). S. Site plans, floor plans, mechanical and plumbing plans and details to show all sewer, floor drains and appurtenances by size, location, and elevation, and all point of discharge. D. Time and duration of discharges; E. The location for monitoring all wastes covered by the permit; F. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from a regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in Section 74- 101(40 CFR 403.6(e)). G. Measurement of Pollutants 1. The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources. 2. The results of sampling and analysis identifying the nature and concentration, and /or mass, where required by the Standard or by the Director of Public Works, of regulated pollutants in the discharge from each regulated process. 3. Instantaneous, Daily Maximum, and long term average concentrations, or mass, where required shall be reported. 23 a. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 74- 110 of this article. Where the Standard requires compliance with a BMP or pollution prevention alternative, the IU shall submit documentation as required by the Director or applicable Standards to determine compliance with the Standard. b. Sampling must be performed in accordance with procedures set out in Section 74 -111 of this article. c. In cases where the Standard requires compliance with a Best Management Practice or pollution prevention alternative, the IU shall submit documentation as required by the Control Authority of the applicable Standards to determine compliance with the Standard. 74 - 77 (4.6) Application Signatories and Certification A. All wastewater discharge permit applications, IU reports and certification statements industrial user reports . - - . _ • _ - - ' • . statement-and-be signed by an authorized representative of the user IU and contain the certification statement in Se -tien 6 , 4^ 74 -114 of this article. - . - • - ." Move to 74 -114 B. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility of environmental matters for the company, a new written authorization satisfying the requirements of the Section must be submitted to the Director prior to or together with any reports to be signed a Authorized Representative. 74 - 78. ( Wastewater Discharge Permit content - Decisions The Director will evaluate the data furnished by the industrial user and may require additional information. Within ten ( 10 ) business days of receipt of a 24 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. DIVISION SECTION 5 WASTEWATER DISCHARGE PERMIT ISSUANCE 74 -86 {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 of less than five (5) years, at the discretion of the Director. Other non domestic users are issued a one time "Certificate of Occupancy" expire. 74 -87 {5.2) Wastewater Discharge Permit Contents Wastewater discharge permits shall include such conditions as specified in 40 CFR'103.8(f)(I)(iii)(c) 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: A statement that indicates when the wastewater discharge permit du-Fatien will expire and effective date. which no nt thaiI a e cd five ( 5 ) ycars. 2. A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the gifeet-or CA, in accordance with Section 5.5 74 -90 and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. 25 3. Effluent limits applicable to the industrial user as specified in 10 CFR 403.8 (f)(i)(iii) (C). including Best Management Practices, based on Pretreatment Standards; 4. Self- monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants or BMPs to be monitored, sampling locations, sampling frequency, and sample type. • • . - .. • ! ' ! . • "" ` . 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. 6. Requirements to control Slug Discharge, if determined by the Director to be necessary. 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 mcosure of identified 2. 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. 3. Requirements for the Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental , unanticipated , or routine discharges. 4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW. 5. The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharge to the POTW. 26 6. Requirements for installation and maintenance of inspection and sampling facilities and equipment. 7. 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. 8. Other conditions as deemed appropriate by the Director to ensure compliance with this ordinance, and Federal, State laws rules, and regulations. 74 88.443) 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. 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. 74 -89 {5.1) 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; 27 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. 74 -90 (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 /or operator and the following: A. Statement that new owner and /or operator has no immediate intent to change the facility's operations and processes; A. Identification of the specific date on which the transfer is to occur; B. Acknowledgement of full responsibility for complying with the existing wastewater discharge permit. 28 Failure to provide advance notice of a transfer renders the wastewater discharge permit invalid on the date of the facility transfer. 74 -91 (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 conditions pursuant to Section 6.5 74 -105; C. Misrepresentation of fully disclosing all relevant facts in wastewater discharge permit; D. Falsifying self monitoring reports; E. Tampering with monitoring equipment; F. Refusing to allow the director timely access to the facility premises and records; G. Failure to meet effluent limitations; H. Failure to pay fines; I. Failure to pay sewer charges; J. Failure to meet compliance schedules; K. Failure to complete a wastewater survey or the wastewater discharge permit application; L. 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. a. Wastewater Discharge Permit Reissuance All industrial users shall apply for a wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application, thirty ( 30 ) 29 days prior to the expiration of the industrial user's existing wastewater discharge permit in accordance with Section 1.6 74- 77ofthis or-din-afiee article. DIVISION SECTION 6 REPORTING REQUIREMENTS 74 -101 (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)(1 -7), below. Ninety ( 90 ) days prior to commencement of a discharge, new sources and sources that become industrial users subsequent to promulgation of an applicable categorical standard shall be required to submit to the City a report which contains the information in paragraph (B)(1 -5), 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 us r IU shall submit the information required by this section including: 1. Identifying Information. All information required in Sectieft 476M-1)74-76 of this article, .g the name, address, and contact information 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 or for 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 30 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 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 Scction 6.10 74 -110. In cases where the standard requires compliance with a Best Management Practice or pollution prevention alternative, the IU shall submit documentation as required by the CA of the applicable standards to determine compliance with the standard. c. Sampling must be performed in accordance with procedures set out in Section 6.10 and Scction 6.11 74 -110 and 74 -111. 6. Certification. A statement reviewed by the industrial user's authorized representative and certified by the qualified professional, 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 standards; the shortest schedule by which the industrial user will provide such additional pretreatment and /or O &M. The completion of this schedule shall 31 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 74 -102 of this orVrdin3ncc article . 8. All Baseline Monitoring Reports must be signed and certified in accordance with Section 1.6 74 -114. 74 -102 {6.2 }Compliance Schedule Progress Report The following condition shall apply to the schedule required by Section 6.1 (b)(7) 74 -101 of the City ordinance this article. 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, 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. 74- 103 {--} -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 (B)(4 6) 74 -101. For industrial user subject to equivalent mass or concentration limits established in accordance with the procedures in 40CFR 403.6(c), this report shall contain reasonable measure of the industrial user's Tong -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 Sc 4.6 74 -76. 32 74 -104 (6.4 ) Periodic Compliance Reports A. Any All significant ndustrial SIUs . _ - _ . . - . -.. - . .. . - - . , - _ • - ... -, submit no Tess than twice per year in JUNE and DECEMBER a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standard and the measured Of estimated average and maximum daily flows for the reporting period. ll periodic compliance reports must be signed and certified in accordance with Section '1.6 of t ordinan,.^ In cases where the Pretreatment standard requires compliance with a Best Management Practice or pollution prevention alternative, the IU must submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the IU. 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 74 -110 and 74 -111 of this otie article, the results of this monitoring shall included in the report. 74 -105 (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 1.6 74 -76. B. The Director may issue wastewater discharge permit under Section 4.7 74 -77 or modify a wastewater discharge permit under Section 5.1 74 -89. 33 C. No IU shall implement the planned changed condition(s) until and unless the Director has responded to the lUs 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. 74 -106 (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 Scction 2.1 74 -46 of this erdinaoc-e article, 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. 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. E. SlUs are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge. 34 74 -107 (6.7 ) Reports from Non - Categorical industrial Users Industrial users not subject to categorical pretreatment standards are subject to reporting requirements as specified in 40 CFR 403.12(h). 74 -108 (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. 74 -109 (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 EPA 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 74 -105 above. The notification requirement in this section does not apply to pollutants already reported under the self- monitoring requirements of Sections 6.1, 6.3 74- 101, 74 -103 and &4 74 -104 above. B. Discharges are exempt from the requirements of paragraph (a) of the City's ordinance during a calendar month in which they discharge no 35 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. 74 -110 (6.11) 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 EPA. 74- 11101 Sample Collection A. Except as indicated in Section B and C below, the industrial user must collect wastewater samples using 24 —hour flow proportional composite collection techniques • - - _ - . _ _ • • . feasible, the Director may authorize the use of timc proportional • - - - . - •• unless time proportional composite sampling or grab sampling is authorized by the Director. Where time proportional composite sampling or grab sampling is authorized by the CA, the the samples must be representative of the 36 discharge. Using protocols specified in 40CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 -hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples can composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the CA, as appropriate. B. Samples for oil and grease and temperature, pH cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using the grab collection techniques. C. For sampling required in support of baseline monitoring and 90 -day compliance reports require Section 74 -101 and 74 -103 (40CFR 403.12(12)(b) and(d)), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data is available, the Director may authorize a lower minimum. For report required by paragraphs in Section 74 -104 (40CFR 403.12(e) and 403.12(h)), the IU is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements. All analytical results submitted must include a copy of the chain of custody forms. - .. - mss. Written reports will be deemed to have been submitted on the date facility serviced by the U. S. Postal Service, date of receipt of the report shall govern. 74 - 112. Date of Receipt of Reports 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. 37 74 -113 ( 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. 74 - 113. Certification Statement A. Certification of Permit Applications, IU Reports The following certification statement is required to be signed and submitted by lUs submitting permit applications in accordance with Section 74 -77 of this article; lUs submitting baseline monitoring reports under Section 74 -101 B(5) of this article; lUs submitting reports on compliance with categorical Pretreatment Standards deadlines under Section 74 -103 of this article; and lUs submitting periodic compliance reports required by Section 74 -104 A -D, of this article . The following certification must be signed by an Authorized Representative as defined in Section 74 -39 C of this article: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 38 DIVISION SECTION 7 COMPLIANCE MONITORING 74.121 (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. 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. 39 F. The CA will conduct a minimum of one (1) on -site facility inspection during each pretreatment year and collect a minimum of one (1) monitoring samples during each pretreatment year on all SIUs and CIUs. 74 -122 ( 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. DIVISION SECTION 8 CONFIDENTIAL INFORMATION 74 -131 (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 available immediately upon request to governmental agencies for uses related to the NPDES /TPDES program or pretreatment program, or industrial waste 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. 40 The provisions of this Section 8 74 -131 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. DIVISION 9 PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE 74 -141 The City shall publish annually, in the largo t daily a newspaper pulb'i'hcd in the • - - . • - - .. ' e - : of general circulation that provides meaningful notice within the jurisdiction(s) served by the POTW, 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 .. _ - - .. - -- • •- -- - • . . •- - ; a numeric Pretreatment Standard or Requirement , including Instantaneous Limits as defined in Division 2 and 40CFR 403.3(1); 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 . -. . - . - • •- • _ - - -• • numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined in Division 2 and 40CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD,TSS, Fats, Oil and Grease, and 1.2 for all other pollutants except pH ); C. Any other violation of a pretreatment effluent limit Standard or Requirement as defined by 40 CFR 403.3(1) (daily maximum or long term average, instantaneous limit, or narrative standard)) that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); 41 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; E. Failure to meet within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or 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, best management practices (BMP) compliance information, BMP periodic compliance 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 may include a violation of Best Management Practices, which the Director determines will adversely affect the operation or implementation of the local pretreatment program. DIVISION SECTION 10 ADMINISTRATIVE ENFORCEMENT REMEDIES 74- 151¢04) 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 (10) 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. 42 74- 152 (_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. 74-153440734 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 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. ., - _ _ _ ..NOV) 43 74 -151. Compliance Orders When the Director finds that an IU has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any Pretreatment Standard or Requirement, The Director may issue an order to the IU responsible for the discharge directing that the IU come into compliance within a specified time. If the IU does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the non compliance, including additional self - monitoring and management practices designed to minimize the amount of pollutant discharged to the POTW. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the IU of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the IU. 74-15500,53 Cease and Desist Orders When the Director finds that an IU is viol. ting has violated , or continues to violate any provision of a 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. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user. 74 -156{ 10.6) 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 44 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 Scction 10.3 74- 153and 74 -157 are initiated against the user. B. A IU 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 Scction 10.3 74 -153 and 4078 74 -158. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. 74-1570-0774 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. 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 Sec -tier Dividion 2 of this ard-in-anc-e article. 45 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 74 -153 of this er-diaanc-e article why the proposed action should not be taken. DIVISION SECTION 11 JUDICIAL ENFORCEMENT REMEDIES 74 -166 ( 11.1 ) Injunctive Relief Whenever the user has violated a pretreatment standard or requirement, or continues to violate the provisions of this ordinance article, 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. 74 -167 ( 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 Tong -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 46 action by the user, the compliance history of the user, and other factor as justice requires. D. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user. 74 -168 { 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. 74-169441,4) Remedies Nonexclusive The provisions in Sections 9 12 Divisions 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. 47 DIVISION SECTION-12 SUPPLEMENTAL ENFORCEMENT ACTION 74 -176 ( 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. 74 -177 ( 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. 74 -178{ 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. 74-179( 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 subject 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. 48 DIVISION SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 74 -186 { 13.1 ) Act of God. A. Act of God. The Act of God defense constitutes a statutory affirmative defense [ Texas Water Code 7.251 ] in an action brought in municipal or State court. If a person can establish that an event that would otherwise be a violation of a pretreatment ordinance, or a permit issued under the ordinance, was caused solely by an act of God , war, strike, riot or other catastrophe, the event is not a violation of the ordinance or permit. B. An industrial user who wishes to establish an Act of God Affirmative defense shall demonstrate, through relevant evidence that: 1. An event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance occurred, and the sole cause of the event was an act of God , war, strike, riot or other catastrophe; and 2. The industrial user has submitted the following information to the POTW and the City within 24 hours of becoming aware of the event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance ( if this information is provided orally, a written submission must be provided within five days), a). a description of the event, and nature and cause of the event; b). the time period of the event, including exact dates and times or , if still continuing, the anticipated time the event is expected to continue; and c), steps being taken or planned to reduce, eliminate and prevent recurrence of the event. C. Burden of proof. In any enforcement proceeding, the industrial user seeking to establish an Act of God affirmative defense shall have burden of proving by a preponderance of the evidence that an event that would otherwise be a violation of a pretreatment ordinance or a permit issued 49 under the ordinance, was caused solely by an act of God , war, strike, riot or other catastrophe. 74 -187 ( 13.2 ) General / Specific Prohibitions An industrial user shall have an affirmative defense to an enforcement action except for those circumstances specifies in Section 2.1 A, B, and H 74 -46 A and B and Section 74 -64 B of this article 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: C. 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 A. 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 TPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements 74 - 188. Bypass A. For the purposes of this Section, (1) Bypass means the intentional diversion of wastewater from any portion of an IU's facility. (2) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent Toss 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 IU may allow any bypass to occur which does not cause Pretreatment Standard or Requirements to be violated, but only if it is for essential maintenance to assure efficient operation. C. Bypass Notifications ( 1 ) If an IU knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) calendar days before the date of the bypass if possible. 50 (2 ) A IU shall submit oral notice to the Director of an anticipated bypass that exceeds applicable Pretreatment Standards within twenty -four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) calendar days of the time lUs becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and step taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case -by -case basis if the oral report has been received within twenty -four (24) hours. D. Bypass ( 1 ) Bypass is prohibited, and the Director may take an enforcement action against an IU for a bypass, unless ( a ) The bypass was unavoidable, to prevent Toss of life, personal injury, or severe property damage; ( b) There were no feasible alternatives to the bypass, such as the auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment down time. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (c ) The IU submitted notices as required under paragraph C. of the Section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three (3) condition listed in paragraph D. (1) of this Section. 51 DIVISION SECT-ION 14 CONTROL OF ADMISSIBLE WASTE 74 -196 ( 11.1) 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. Greasc and oil and Grease and oil and sand interceptors shall be cleaned /maintained and repaired by the person or permittee, at their expense, in continuously efficient operation at all time. These interceptors shall be subject to the City's inspections. Where the CA finds that the pretreatment is not being maintained in a manner that will keep the IU in compliance with this article, the CA may specify required cleaning frequency which will be imposed through their wastewater discharge permit. Restaurants, food service operations and other establishments with commercial kitchen facilities shall have grease interceptors sized and designed by a registered professional engineer in accordance with the City's current adopted plumbing code. 14.2 Interceptor Sizing A. Restaurants: HR (D)x(GL) x(ST) X (2)x (LF) — Gallon Capacity 52 Whcrc: GL — Gallons of waste water per moil (2.5 ) ST — Storage Capacity Factor (1.7 ) u D - AT,,mher of hours open LF — Loading Factor 1.8 Freeways and Recr ational Ar as 0.8 Main Highways 0.5 Other highways B. Nursing, Homes, Day Cares {M)x(GL)x(ST)x(LF} — GallonCapacity Whcrc: M — Meal per day GL Gallons of waste water per meal (2.5 ) ST — Storagc Capacity Factor (1.7 ) LF — Loading Factor 1.25 garbage disposal and dishwashing 1.0 without garbage disposal .75 without dishwashing • and surface waters, and shall bc so maintained by thc permittec thc flow at all timcs. Plans for construction of the sample well(s) shall be • • :. .. • • . - • . • • - . • ., .. . . would be representative of the total effluent. Samples shall bc taken at • • • - . - • ., . • - , as determined by the City as necessary to maintain a control over the discharges from the Pen, 53 City shall be taken at such intervals as to establish the cone prohibitcd discharges and pretreatment standards as specified in this 74 -197. Sample Wells A. Within sixty (60) calendar days from the date of this article, 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. Where the installation of a sample well is required by the Director, the IU shall have sixty (60) calendar days to install one after the requirement is written into their permit. 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 well(s) shall be included with the Wastewater Discharge Permit Application, and are subject to approval by the Director. B. 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 article. The method used in the examination of all industrial wastes to determine BOD and TSS shall be defined in 40 CFR Part 136. 54 DIVISION SE-CT-ION 15 INDUSTRIAL COST RECOVERY SURCHARGE 74 -206 ( 15.1 ) A permittee discharging industrial wastes with a BOD exceeding 250 mg /I, or a suspend solids content of greater than 300 mg /I, 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 + TSS ) x (0 &M cost ) x (VOL) ; 250 300 ISS = represents Industrial Waste Surcharge in Dollars; BOD represent the Biochemical Oxygen Demand in milligram per liter ( mg /I ). Note: Concentration less than or equal to 250mg /I will be considered a value of zero. TSS represents Suspended Solids in milligram per liter ( mg /I ) Note: Concentration less than zero or equal to 300mg /I 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. 55 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. DIVISION N 16 MISCELLANEOUS PROVISIONS 74-211 ( 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 collection 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 ; 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 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 11.3(C) $2,000.00" 56 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. Section 5. The City Council of the City of La Porte shall review this ordinance at least once every three (3) years; 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 as of the effective date established in the issued TPDES permit or permit amendment that TCEQ will issue upon their final approval of this ordinance. 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 once 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 57 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 public as 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 , 2003 2011. CITY OF LA PORTE By: Norman L. Malone, Mayor Luis R. Rigby ATTEST: Patrice Fogarty City Secretary APPROVED: Knox W. Askins Clark Askins Assistant City Attorney 58 ORDINANCE NO. 2011- 33 )1 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 THIS 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 ", is hereby amended in its entirety 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, to read as follows: 1 DIVISION 1 GENERAL PROVISIONS Sec. 74 -36 Purpose and Policy This article sets forth uniform requirements for lUs 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.), and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this article 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 POTW 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 and adjust fees, as deemed appropriate, for the equitable distribution of the rising costs of operation, maintenance, and improvements /upgrades of the POTW. These fees assist in meeting federal and state regulations for the treatment of the incoming wastestream; and G. To enable the City of La Porte POTW to comply with its TPDES permit conditions and any other Federal or State laws. This article shall apply to all !Us of the POTW. This article authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires IU reporting and provides for setting of fees for the equitable distribution of costs resulting from the program established herein. 2 Sec. 74 -37. Administration Except as otherwise provided, herein the Director of Public Works (Director) shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel. Sec. 74 - 38. Abbreviations The following abbreviation shall have the designated meanings: BOD Biochemical Oxygen Demand BMP Best Management Practices BMR Baseline Monitoring Report CA Control Authority (The City of La Porte or "the City ") CFR Code of Federal Regulations COD Chemical Oxygen Demand EPA Environmental Protection Agency gpd Gallons Per Day IU Industrial User mg /I Milligram Per Liter NOV Notice of Violation POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIU Significant Industrial User SNC Significant Non Compliance SIC Standard Industrial Classification TPDES Texas Pollutant Discharge Elimination System TSS Total Suspended Solids U.S.C. United States Code Sec. 74 - 39. Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have meanings hereinafter designated. 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. Approval Authority — Is the Executive Director of the TCEQ. 3 Authorized or Duly Authorized Representative of the Industrial User 1. A responsible corporate officer: a. a president, secretary, treasurer, or a vice - president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision making- functions for the corporation; or b. the manager of one or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long -term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. If the IU is a partnership, or sole proprietorship an authorized representative shall mean a general partner or proprietor, respectively. 3. If the IU 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. By a duly authorized representative of the individual designated in paragraphs 1 -3 above may designate another authorized representative if the authorization is in writing if: a. The authorization is made in writing by the individual described in paragraphs 1 -3 above.; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or 4 having overall responsibility for environmental matters for the company; and c. The written authorization is submitted to the CA 5. If authorization under paragraph 4 of this section, is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirement of paragraph 4 of this section must be submitted to the CA prior to or together with any reports to be signed by an authorized representative. Best Management Practices The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Sections 74 -46 through 74 -49 (40 CFR 403.5(a)(1) and (b)). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage, leaks, sludge or waste disposal or drainage from raw material storage. BMPs also include alternative means (i.e., management plans) of complying with, or in place certain established categorical Pretreatment Standards and effluent limits. Biochemical Oxygen Demand ( BOD ) — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty degrees centigrade (20 ° ), usually expressed as a concentration [ e.g., mg /I]. Categorical Pretreatment Standard or Categorical Standard - Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 307 (b) and (c) of the act (33 U.S.C. 1317) which apply to a specific category of Ws and which appear in 40 CFR 405 -471 and 40 CFR Chapter I, Subchapter N. Categorical Industrial User - An IU subject to Categorical Pretreatment Standard or Categorical Standard. City - The City of La Porte or the City Council of La Porte. Chemical Oxygen Demand ( COD ) - The measure of oxygen consumed from a chemical oxidant, expressed as mg/I. Composite Sample — Composite samples are used to measure the average amount of pollutants, for which grab samples are not necessitated, discharged during the composite period. Composite samples consist of a 5 collection of numerous individual discrete samples taken either time - proportionally or flow - proportionally over a period of time, 24 hours or Tess (where there is intermittent or batch dischargers). Flow - proportional is preferable, but time - proportional composite samples may be permitted where flow - proportional samples are not feasible, as long as, it will still provide a representative sample. Control Authority (CA) — The City of La Porte or "City ". Daily Maximum — The arithmetic average of all effluent samples for a pollutant collected during a calendar day. Daily Maximum Limit — The maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limit is expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limit is expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. Director of Public Works or Designated Authorized Representative (Director) - The person designated by the City to Administer, manage and supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article. The term also means a Duly Authorized Representative of the Director of Public Works Environmental Protection Agency or EPA — The U.S. Environmental Protection Agency or where appropriate, the Regional Water Management Division Director of Public Works, the Regional Administrator, or duly authorized official of said agency. Existing Source — Any source of discharge that is not a "New Source ". Grab Sample — A sample that is taken from a waste stream with regard to the flow in the waste - stream and over a period of time not to exceed fifteen (15) minutes. Indirect Discharge or Discharge - The introduction of pollutants into the POTW from any non - domestic source. Instantaneous Limit — The maximum concentration of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. 6 interference — A discharge which alone or in conjunction with a discharge or discharges from other sources which inhibits or disrupts the POTW, its treatment processes, or operations, sludge processes or disposal or causes a violation of any requirement of the POTW 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 hereunder, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II or RCRA; any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; Clean Air Act; Toxic Substances Control Act; and the Marine Protection Research, and Sanctuaries Act. Monthly Average Limit — The highest allowable average of daily discharges over a calendar month , calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during the month. Medical Waste — Isolation wastes, infectious agents, human blood and blood by- wastes products, pathological waste, sharps, body parts, etiologic, contaminated bedding, surgical potentially contaminated laboratory wastes and dialysis wastes. 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 totally 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 7 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 commenced if the owner or operator has: (a) Begun, or caused to begin as part of a continuous onsite construction program: (1) Any placement, assembly, 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. (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within reasonable time. Options to purchase or contracts which can be terminated or modified without substantial Toss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. 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. 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. 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. pH — A measure of the acidity or alkalinity of a substance, expressed in standard units. 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 8 wastes, and the characteristics of the wastewater ( i.e.; pH, temperature, TSS, turbidity, color, BOD, CBOD, toxicity, and odor)). 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 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. Pretreatment Requirements — Any substantive or procedural requirement related to pretreatment imposed on an IU, other than a pretreatment standard. Pretreatment Standards or Standard — National Pretreatment Standard, shall mean prohibitive discharge standards, categorical pretreatment standards, and local limits. Process Wastewater — Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by- product, or waste product. Prohibitive Discharge — Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 74 -46 of this article. 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 only if they convey wastewater to a treatment plant. Septic Tank Waste — Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage — Human excrement and gray water (household showers, dishwashing operation, etc.); a combination of water - carried waste from residences, buildings, institution, and industrial establishments. Significant Industrial User ( SW ) — Shall apply to: 1) an Ills subject to categorical pretreatment standards; and 2) any other IU that; 9 a. discharges an average of 25,000 gpd or more of process wastewater ( excluding sanitary, non- contact cooling, and boiler blow down wastewater). b. 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, c. is designated as significant by the CA based on the reasonable potential that the IU can adversely affect the POTW's operation or for violating any pretreatment standard or requirement. Significant Non - compliance — Any IU in noncompliance with applicable pretreatment standards and requirements during the previous 12 month period as applicable with Section 74 -141. Slug Load — Any discharge at a flow rate or concentration which could cause a violation of the prohibitive discharge standards in Section 74 -146 of this article or any discharge of a non - routine, episodic nature, including but not limited to, an accidental spill or a non - customary batch discharge, which was a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits, or permit conditions. Standard Industrial Classification Code (SIC) - A classification pursuant to the Standard Classification Manual issued by the U.S. Office Management and Budget Storm Water — Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. Total Suspended Solids (TSS) or Suspended Solids — The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, that is removable by laboratory filtering. User or Industrial User - A source of indirect discharge. 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. 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. 10 DIVISION 2 GENERAL SEWER USE REQUIREMENTS Sec. 74 -46. Prohibitive Discharge Standards No IU 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 [Us of the POTW whether they are subject to categorical pretreatment standards or any National, State or local pretreatment standards or requirement. No IU 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 closed -cup flash point of less than one hundred -forty degrees Fahrenheit (140 ° F)(sixty degrees Centigrade (60 ° C)) using the test methods specified in 40 CFR 261.21. B. Any wastewater having a pH Tess 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, 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. 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 one hundred -fifty degrees Fahrenheit (150 F)( sixty -five degrees Centigrade (65 ° C) ) or which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater which causes the temperature at the introduction into the POTW to exceed one hundred and four degrees Fahrenheit (104 ° F)(forty degrees Centigrade (40 ° C)). 11 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. 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. 1. 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 POTW's effluent thereby violating the City's TPDES permit. Color, in combination with turbidity, shall not cause the POTW 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. J. Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Director in compliance with applicable State or Federal regulations. K. 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. L. Any sludge, screenings, or other residues from the pretreatment of industrial wastes. M. Any medical waste, except as specifically authorized by the Director in a wastewater discharge permit. N. Any wastewater causing the POTW's effluent to fail a toxicity test. 0. Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW. P. Any discharge of fat, oils, or greases of animal origin is limited to 200 mg /I. 12 Sec. 74 -47. National Categorical Pretreatment Standards [Us must comply with the national categorical pretreatment standards found in 40 CFR 405 -471 and 40 CFR Chapter I, Subchapter N. A. When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Director shall impose an alternate limit in accordance with 40 CFR 403.6(e). B. Once included in its permit, the Industrial User must comply with the equivalent limitations developed in this Section in lieu of the promulgated categorical Standards from which the equivalent limitations were derived. C. Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum Monthly Average, or 4 -day average, limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation. D. Any IU operating under a permit incorporating equivalent mass or concentration limits calculated from a production -based Standard shall notify the Director within two (2) business days after the IU has a reasonable basis to know that the production level will significantly change within the next calendar month. Any IU not notifying the Director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate. 74 - 48. State Pretreatment Standards lUs must comply with the state pretreatment standards found in Texas Administrative Code 30, chapters 307 and 315. 74 - 49. Local Limits A. The Director is authorized to establish Local Limits pursuant to 40CFR403.5(c). B. The following pollutant limits are established to protect against Pass Through and Interference. 13 Under this article, the maximum daily average allowable pollutant concentrations are stated in milligram per liter (mg /I). (1) Arsenic 1.108 (2) Cadmium 0.284 (3) Chromium 1.377 (4) Copper 0.43 (5) Lead 0.141 (6) Mercury 0.005 (7) Nickel 0.075 (8) Selenium 2.1 (9) Silver 0.66 (10) Zinc 2.295 C. The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metals unless indicated otherwise. The Director may impose mass limitations in addition to the concentration -based limitations above. 74 - 50. 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 74 -36 of this article or the general and specific prohibitions in Section 74 -46 of this article. 74 - 51. Dilution No IU 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 lUs, which are using dilution to meet applicable pretreatment standards or requirements, or in other case when the imposition of mass limitations is appropriate. DIVISION 3 PRETREATMENT OF WASTEWATER 14 74 -61. Pretreatment Facilities IUs shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all applicable categorical pretreatment standards, local limits and the prohibitions set out in Section 74 -46 above within the time limitations specified by the EPA, 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 IU'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 IU from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the POTW under the provisions of this article. 74 - 62. Additional Pretreatment Measures A. Whenever deemed necessary, the Director may require !Us to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and /or consolidate points, separate sewage waste - streams and such other conditions as may be necessary to protect the POTW and determine the IU's compliance with the requirements of this article. 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 Two Hundred percent (200 %) 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 City and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be cleaned /repaired as needed or more often if CA deems necessary, by the permittee at their own expense. These interceptors shall be subject to the CA's inspections. 15 D. lUs 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 an 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. 74 -63. Accidental Discharges /Slug Discharge Control Plan The Director shall evaluate within one year of being designated as an SIU, whether each SIU needs an accidental discharge /slug discharge control plan or other action to control slug discharges. The results of such activities shall be available to the Approval Authority upon request. The Director may require any IU to develop, submit for approval and implement such a plan or take such other action necessary to control Slug Discharges. Alternatively, the Director may develop such a plan for any IU. An accidental discharge /slug discharge control plan shall address, at minimum, the following: A. Description of discharge practices, including non routine batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the Director of any accidental or Slug discharge, as required in Section 74 -106 of this article; and D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but not limited to , inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading of operations , control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and /measures and equipment for emergency response. 16 74 -64. Hauled Waste A. Septic domestic tank waste may be introduced into the POTW only at location designated by the Director and at such times as established by the Director. Such waste shall not violate Division 2 of this article or any other requirements established by the City. The Director may require septic tank waste haulers to obtain wastewater discharge permit. B. No hauled in industrial waste may be discharged to the City's sanitary sewer system or the POTW. DIVISION 4. WASTEWATER DISCHARGE PERMIT ELIGIBILITY 74 -71. Wastewater Survey When requested by the Director, all lUs must submit information on the nature and characteristics of its wastewater by completing a Wastewater Discharge Survey and a Wastewater Discharge Permit Application thirty (30) calendar days prior to commencing their discharge. The Director is authorized to prepare forms for this purpose and may periodically require lUs to update this information, completing a Wastewater Discharge Survey and Application prior to commencing their discharge. Failure to complete or submit shall be considered a violation of the Industrial Waste Ordinance. 74 - 72. Wastewater Discharge Permit Requirements A. No SIU shall discharge wastewater into the POTW without obtaining a wastewater discharge permit from the Director, except that a SIU that has filed a timely application pursuant to Section 74 -73 of this article may continue to discharge for the time period specified therein. B. The Director may require other Users to obtain wastewater discharge permits as necessary to carry out the purposed of this article. C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in Division 10 through 12 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or requirements or any other requirements of Federal and State and local law. 17 74 -73. Wastewater Discharge Permitting: Existing Connections Any User required to obtain a wastewater permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within ninety (90) calendar days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 74 -75 below, and shall not cause and allow discharges to the POTW to continue after ninety (90) calendar days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Director. 74 - 74. Wastewater Discharge Permitting: New Connections Any User required to obtain a wastewater permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater permit, in accordance with Section 74 -75 of this article, must be filed at least thirty (30) calendar days prior to the date upon which any discharge will begin or recommence. 74 - 75. Wastewater Discharge Permitting: Extra Jurisdictional Connections A. All existing and/or new tUs located beyond the City limits shall submit a wastewater discharge permit application, in accordance with Section 74 -76 of this article. The Wastewater discharge application shall be submitted to the CA thirty (30) calendar days prior to date of permit expiration or proposed date of discharge or for new lUs at least thirty (30) calendar days from the date they receive a permit application from the City. B. Alternatively, the Director may enter into an agreement with the neighboring jurisdiction in which the IU is located to provide for the implementation and enforcement of the industrial waste pretreatment program requirements. 74 - 76. Wastewater Discharge Permit Application Contents All IUs required to obtain a wastewater permit must submit a permit application. Ills that are eligible may request a permit under Section 74 -76 of this article. The Director may require IUs to submit all or some of the following information as part of a permit application. 18 A. Identifying Information. 1. The name and address, including the name of the operator and owner. 2. Contact information, description of activities, facilities, and plant production processes; B. Environmental Permits. A list of any environmental control held by or for the facility. C. Description of Operations. 1. A brief description of the nature, average rate of production (including each product produced by type, amount, processes and rate production, and SIC number(s) of operation(s) carried out by each IU. This description should include a schematic process diagram, which indicates points of discharge to the POTW from regulated processes. 2. Types generated, and list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the POTW. 3. Number and type of employees, hours of operation, and proposed or actual hours of operation. 4. Type and amount of raw materials processed (average and maximum per day). 5. Site plans, floor plans, mechanical and plumbing plans and details to show all sewer, floor drains and appurtenances by size, location, and elevation, and all point of discharge. D. Time and duration of discharges; E. The location for monitoring all wastes covered by the permit; F. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from a regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in Section 74- 101(40 CFR 403.6(e)). G. Measurement of Pollutants 1. The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources. 19 2. The results of sampling and analysis identifying the nature and concentration, and /or mass, where required by the Standard or by the Director of Public Works, of regulated pollutants in the discharge from each regulated process. 3. Instantaneous, Daily Maximum, and long term average concentrations, or mass, where required shall be reported. a. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 74- 110 of this article. Where the Standard requires compliance with a BMP or pollution prevention alternative, the IU shall submit documentation as required by the Director or applicable Standards to determine compliance with the Standard. b. Sampling must be performed in accordance with procedures set out in Section 74 -111 of this article. c. In cases where the Standard requires compliance with a Best Management Practice or pollution prevention alternative, the IU shall submit documentation as required by the Control Authority of the applicable Standards to determine compliance with the Standard. 74 - 77. Application Signatories and Certification A. All wastewater discharge permit applications, IU reports and certification statements must be signed by an Authorized Representative of the IU and contain the certification statement in Section 74 -114 of this article. B. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility of environmental matters for the company, a new written authorization satisfying the requirements of the Section must be submitted to the Director prior to or together with any reports to be signed a Authorized Representative. 74 - 78. Wastewater Discharge Permit Decisions The Director will evaluate the data furnished by the IU and may require additional information. Within ten (10) business 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. 20 DIVISION 5 WASTEWATER DISCHARGE PERMIT ISSUANCE 74 -86. Wastewater Discharge Permit Duration A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit IU permit may be issued for a period of less than five (5) years, at the discretion of the Director. 74 - 87. Wastewater Discharge Permit Contents Wastewater discharge permits shall include such conditions as specified 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 when the wastewater discharge permit will expire and effective date. 2. A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the CA in accordance with Section 74 -90 of this article and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. 3. Effluent limits, including Best Management Practices, based on Pretreatment Standards; 4. Self- monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants or BMPs to be monitored, sampling locations, sampling frequency, and sample type. 5. Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or Local law. 21 6. Requirements to control Slug Discharge, if determined by the Director to be necessary. 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. 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. 3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. 4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW. 5. The unit charge or schedule of IU charges and fees for the management of the wastewater discharge to the POTW. 6. Requirements for installation and maintenance of inspection and sampling facilities and equipment. 7. 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. 8. Other conditions as deemed appropriate by the Director to ensure compliance with this article, and Federal, State laws rules, and regulations. 74 -88. Wastewater Discharge Permit Appeals Any person, including the 1U, may petition the City to reconsider the terms of a wastewater discharge permit within ten (10) business days of its issuance. 22 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) business 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. 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 thirty (30) calendar days of such final administrative action. 74 - 89. 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 IU'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; 23 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 ; 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. 74 -90. 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) calendar days advance notice to the CA and the Director approves the wastewater discharge permit transfer. The notice to the Director must include written certification by the new owner and /or operator and the following: A. Statement that the 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. 74 -91. 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 conditions pursuant to Section 74 -105. C. Misrepresentation of fully disclosing all relevant facts in wastewater discharge permit; 24 D. Falsifying self monitoring reports; E. Tampering with monitoring equipment; F. Refusing to allow the Director timely access to the facility premises and records; G. Failure to meet effluent limitations; H. Failure to pay fines; I. Failure to pay sewer charges; J. Failure to meet compliance schedules; K. Failure to complete a wastewater discharge survey or the wastewater discharge permit application; L. Failure to provide advance notice of the transfer or requirement, or any terms of the wastewater discharge permit or the article. 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. 74 - 92. Wastewater Discharge Permit Re issuance All Ills shall apply for a wastewater discharge permit re- issuance by submitting a complete wastewater discharge permit application, thirty (30) calendar days prior to the expiration of the IU's existing wastewater discharge permit in accordance with Section 74 -76 of this article. DIVISION 6 REPORTING REQUIREMENTS 74 -101. Baseline Monitoring Reports A. Within one hundred and eighty (180) calendar 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 Sills subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall 25 be required to submit to the CA a report which contains the information listed in all of paragraph (B), below. Ninety (90) calendar days prior to commencement of a discharge, new sources and sources that become [Us subsequent to promulgation of an applicable categorical standard shall be required to submit to the City a report which contains the information in all of 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 IU shall submit the information required by this section including: 1. Identifying Information. All information required in Section 74 -76 of this article, including the name, address, and contact information of the facility including the name of the operator and owners. 2. Wastewater Discharge Permits. A list of any environmental permits held by or for the facility. 3. Description of Operation. A brief description of the nature, average rate of production, and SIC numbers of the operation(s) carried out by such IU. 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 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 from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be 26 reported. The sample shall be representative of daily operations and shall be analyzed in accordance with sample procedures set out in Section 74 -110. In cases where the standard requires compliance with a Best Management Practice or pollution prevention alternative, the IU shall submit documentation as required by the CA of the applicable standards to determine compliance with the standard. c. Sampling must be performed in accordance with procedures set out in Section 74 -110 and 74 -111 of this article. 6. Certification. A statement reviewed by the IU's authorized representative and certified by the qualified professional, 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 standards; the shortest schedule by which the IU 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 74 -102 of this article. 8. All Baseline Monitoring Reports must be certified in accordance with Section 74 -114 of this article and signed by an Authorized Representative as defined in Section 74 -39 of this article. 74 - 102. Compliance Schedule Progress Report The following condition shall apply to the schedule required by 74 -101 (b)(7) of this article. 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 IU to meet the applicable pretreatment standards (such events include hiring an engineer, 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 IU shall submit a progress report to the Director no later than fourteen (14) calendar days following each date in the schedule and the 27 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 IU to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the Director. 74 -103. Report on Compliance with Categorical Pretreatment Standard Deadlines Within ninety (90) calendar 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 IU subject to pretreatment standards and requirements shall submit to the City a report containing the information described in Section 74 -101 (B) of this article. For IU subject to equivalent mass or concentration limits established in accordance with the procedures in 40CFR 403.6(c), this report shall contain reasonable measure of the IU's Tong -term production rate. For all other Ills 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 IU's actual production during the appropriate sampling period. For lUs, where a required BMP or pollution prevention alternative is part of the categorical standard, the IU must submit documentation to demonstrate compliance. All compliance reports must be signed and certified in accordance with Section 74 -76. 74 - 104. Periodic Compliance Reports A. All SIUs must, submit no less than twice per year in June and December reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured estimate average and maximum daily flows for the reporting period. In cases where the Pretreatment standard requires compliance with a Best Management Practice or pollution prevention alternative, the IU must submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the IU. B. All wastewater samples must be representative of the IU'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 IU to keep its monitoring facility in good working order shall not be grounds for the IU to claim that sample results are unrepresentative of its discharge. 28 C. If an IU subject to the reporting requirement in this section monitors any pollutant more frequently than required by the CA using the procedures prescribed in Section 74 -110 and 74 -111 of this article, the results of this monitoring shall be included in the report. D. All periodic compliance reports must be signed and certified in accordance with Section 74 -114 of this article. 74 - 105. Report of Changed Conditions Each IU is required to notify the Director of any planned significant changes to the IU's operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) calendar days before the change. A. The Director may require the IU 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 74 -76 of this article. B. The Director may issue wastewater discharge permit under Section 74 -72 of this article or modify a wastewater discharge permit under Section 74- 89 of this article. C. No IU shall implement the planned changed condition(s) until and unless the Director has responded to the IU'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. 74 - 106. Reports of Potential Problems A. In the case of any discharge including, but not limited to accidental discharges, discharges of a non - routine, episodic nature, a non - customary batch discharge, or a slug Toad which could cause potential problem for the POTW (including a violation of the prohibited discharge standard in Section 74 -46 of this article), it is the responsibility of the IU 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 IU. 29 B. Within five (5) calendar days following such discharge, the IU 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 IU to prevent similar future occurrences. Such notification shall not relieve the IU 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 IU of any fines, civil penalties, or other liability which may be imposed by this article. C. Failure to notify the Director of a potential problem discharge shall be deemed a separate violation of this article. D. A notice shall be permanently posted on IU'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. E. SIUs are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge. 74 - 107. Reports from Non - Categorical Industrial Users and Unpermitted Users A. IU's not subject to categorical pretreatment standards are subject to reporting requirements as specified in 40 CFR 403.12(h). B. All Users not required to attain an individual wastewater discharge permit shall provide appropriate reports to the Director as the Director may require. 74 - 108. Notice of Violation or Repeat Sampling and Reporting If sampling performed by the IU indicates a violation, the IU must notify the Director within twenty -four (24) hours of becoming aware of the violation. The IU shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) calendar days after becoming aware of the violation. Re- sampling by the IU is not required if the CA performs the sampling at the IU's facility at least once a month, or the CA performs sampling at the IU's facility between the time when the initial sampling was conducted and the time when the CA receives the results of this sampling, or if the CA has performed the sampling and analysis in lieu of the IU. 74 -109. Notification of Discharge of Hazardous Waste 30 A. Any IU 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 261, the EPA hazardous waste number, and the type of discharge (continuous batch or other). If the IU 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 IU: 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 74 -105 above. The notification requirement in this section does not apply to pollutants already reported under the self- monitoring requirements of Sections 74 -101, 74- 103 and 74 -104, above. B. Discharges are exempt from the requirements of paragraph (a) of the City's article 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 IU 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 IU must notify the POTW, the EPA Regional Waste Management Division Director of Public Works, and State hazardous waste authorities of the discharge of such substance within ninety (90) calendar days of the effective date of such regulations. 31 D. In the case of any notification made under this section, the IU 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. 74 - 110. 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 EPA. 74 - 111. Sample Collection A. Except as indicated in Section B and C, below, the IU must collect wastewater samples using 24 —hour flow proportional composite collection techniques unless time proportional composite sampling or grab sampling is authorized by the Director. Where time- proportional composite sampling or grab sampling is authorized by the CA, the samples must be representative of the discharge. Using protocols specified in 40CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24 -hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples can composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the CA, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits. B. Samples for oil and grease and temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using the grab collection techniques. C. For sampling required in support of baseline monitoring and 90 -day compliance reports require Section 74 -101 and 74 -103 (40CFR 403.12(12)(b) and(d)), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; 32 for facilities for which historical sampling data is available, the Director may authorize a lower minimum. For report required by paragraphs in Section 74 -104 (40CFR 403.12(e) and 403.12(h)), the IU is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements. All analytical results submitted must include a copy of the chain of custody forms. 74 - 112. Date of Receipt of Reports 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. 74 - 113. Record Keeping lUs shall retain, and make available for inspection and copying, all records and information required to be retained under this article, any additional records of information obtained pursuant to monitoring activities undertaken independent of such requirements and documentation of Best Management Practices established under Section 74 -49 (C) of this article. Records shall include the date, exact place method, and time of sampling, and the name of the person(s) taking the samplings ; the date analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this article, or where the IU has been specifically notified of a longer retention period by the Director. The City shall maintain records of all information resulting from any monitoring activities required by 40 CFR Part 403, including documentation associated with BMPs. 74 - 114. Certification Statement A. Certification of Permit Applications, IU Reports The following certification statement is required to be signed and submitted by IUs submitting permit applications in accordance with Section 74 - 77 of this article; Ills submitting baseline monitoring reports under Section 74 -101 B(5) of this article; lUs submitting reports on compliance with categorical Pretreatment Standards deadlines under Section 74 -103 of this article; and !Us submitting periodic compliance reports required by Section 74 -104 A -D, of this article . The following certification must be signed by an Authorized Representative as defined in Section 74 -39 C of this article: 33 "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." DIVISION 7 COMPLIANCE MONITORING 74 -121. Inspection and Sampling The CA shall have the right to enter the facilities of any IU to ascertain whether the purpose of this article, and any permit or order issued hereunder, is being met and whether the IU is complying with all the requirements thereof. lUs 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 IU has security measures in force which require proper identification and clearance before entry into its premises, the IU 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 IU's property, or require installation of, such devices as are necessary to conduct sampling and /or metering of the IUs operations. C. The CA may require the IU 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 IU at its own 34 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 IU at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the IU. E. Unreasonable delays in allowing the CA personnel access to the IU premises shall be a violation of this article. F. The CA will conduct a minimum of one (1) on -site facility inspection during each pretreatment year and collect a minimum of one (1) monitoring samples during each pretreatment year on all Sills and CIUs. 74 -122. Search Warrants If the Director has been refused access to a building, structure or property or any part thereof, and, if the Director has demonstrated probable cause to believe that there may be a violation of this article, or that the need to inspect as part of a routine inspection program of the City designed to verify compliance with this article 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. DIVISION 8 CONFIDENTIAL INFORMATION 74 -131. Information on Industrial Users Information and data on an IU 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 IU 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 35 State law. When requested and demonstrated by the IU 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 available immediately upon request to governmental agencies for uses related to the NPDES/TPDES program or industrial waste 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 Division 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 IU 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. DIVISION 9 PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE 74 -141. Publication of Industrial Users The CA shall publish annually, in a newspaper of general circulation that provides meaningful notice within the jurisdiction(s) served by the POTW, a list of lUs 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 for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement , including Instantaneous Limits as defined in Division 2 and 40CFR 403.3(1); B. Technical Review Criteria (TRC) violation, defined here as those in which thirty -three percent (33 %) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined in Division 2 and 40CFR 403.3(1) multiplied by the applicable criteria TRC (TRC= 1.4 for 36 BOD,TSS, Fats, Oil, and Grease, and 1.2 for all other pollutants except pH); C. Any other violation of a pretreatment Standard or Requirement as defined by 40 CFR 403.3(1) (daily maximum, long -term average, instantaneous limit, or narrative standard) that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); 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; E. Failure to meet within ninety (90) calendar days after the schedule date, a compliance schedule milestone contained in the IU's permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide, within thirty (30) calendar days after the due date, required reports such as baseline monitoring reports (baseline profile), best management practices (BMP) compliance information, BMP periodic compliance 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 may include a violation of Best Management Practices, which the Director determines will adversely affect the operation or implementation of the local pretreatment program. DIVISION 10 ADMINISTRATIVE ENFORCEMENT REMEDIES 74 -151. Notification of Violation Whenever the Director finds that any IU has violated or continues to violate, any provision this article, their wastewater discharge permit, a pretreatment requirement or any other violation of this article hereunder, the Director or his 37 agent may serve upon that IU a written Notice of Violation (NOV). Within ten (10) business days of the receipt of such notice, an explanation of the violation and plan for the satisfactory correction and prevention thereof, to include specific required action, shall be submitted be the IU to Director. The submission of this plan in no way relieves the IU of liability for any violations occurring before or after the receipt of the Notice of Violation. Nothing in this division shall limit the CA to take any action, including emergency actions, or any other enforcement action, without first issuing Notice of Violation. 74 - 152. 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 IU responsible for noncompliance. Such orders will include specific action to be taken by the IU to correct the noncompliance within a time period also specified by the order. Consent Orders shall be judicially enforceable. 74 - 153. Show Cause Hearing The Director may order any IU which cause or contributes to violation(s) of this article, wastewater discharge permits, or orders issued hereunder, or any other 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 IU specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and request that the IU 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) business days prior to the hearing. Such notice may be served on any authorized representative of the IU. Whether or not [Us appear 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 IU. 74 - 154. Compliance Orders When the Director finds that an IU has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any Pretreatment Standard or Requirement, The Director may issue an order to the IU responsible for the discharge directing that the IU come into compliance within a specified time. If the IU does not come into compliance within the time provided, sewer service may be discontinued unless 38 adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the non compliance, including additional self - monitoring and management practices designed to minimize the amount of pollutant discharged to the POTW. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the IU of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the IU. 74 - 155. Cease and Desist Orders When the Director finds that an IU has violated, or continues to violate, any provision of this article, a wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the IU's past violations are likely to recur, the Director may issue an order to the IU directing it to cease and desist all violations and directing the IU 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 violations, including halting operations and /or terminating the discharge. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the IU. 74 - 156. Emergency Termination of Services The Director may immediately suspend a IU's discharge (after informal notice to the IU) 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 an IU'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 IU notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of an IU's failure to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the 39 sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director shall allow the IU to recommence its discharge when the IU has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings set forth in Sections 74 -153 and 74 -157 of this article are initiated against the IU. B. A IU 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 74 -153 and 74- 158 of this article. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. 74 - 157. Termination of Discharge In addition to those provisions in Section 74 -91 of this article, any IU that violates the following conditions of this article, wastewater discharge permit, or orders issued hereunder, is subject to discharge termination. A. Violation of wastewater discharge permit conditions. B. Failure to accurately report the wastewater constituents and characteristics of its discharge. C. Failure to report significant changes in operation or wastewater volume, constituents and characteristics prior to discharge. D. Refusal of reasonable access to the IU's premises for the purpose of inspection, monitoring or sampling. E. Violation of the pretreatment standards in Division 2 of this article. F. When compliance has not been met on any enforcement action listed above that states termination as the next step of enforcement, such IU will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this Section 74 -153 of this article why the proposed action should not be taken. 74 -158. Administrative Orders 40 A. When Director finds that an IU has violated, or continues to violate, any provision of this article, wastewater discharge permit or order hereunder, or any Pretreatment Standard or Requirement, Director may fine such IU in an amount not to exceed the maximum fine allowed under State Law. Such fines shall be assessed on a per violation per day basis. In the case of monthly or other long -term average discharge limit, fines shall be assessed for each day during the period of violation. B. Unpaid charges, fines, and penalties after sixty (60) calendar days, the Director may assess an additional penalty of fifteen percent (15 %) of the unpaid balance, and interest shall accrue thereafter at a rate of five percent (5 %) per month. A lien against the IU property may be sought for unpaid charges, fines and penalties. C. The Director may add the cost of preparing administrative enforcement actions, such as notices and orders to the fine. D. Ws desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within thirty (30) calendar days of being notified of the fine. Where a request has merit, Director may convene a hearing on the matter. In the event the IU appeal is successful, the payment, in addition to any interest accrued thereto, shall be returned to the IU. DIVISION 11 JUDICIAL ENFORCEMENT REMEDIES 74. 166. Injunctive Relief Whenever the IU has violated a pretreatment standard or requirement, or continues to violate the provisions of this article, 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 article on activities of the IU. 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 an IU. 74.167. Civil Penalties 41 A. Any IU which has violated or continues to violate this article, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of Two Thousand Dollars ($2,000.00) per violation per day. In the case of a monthly or other long -term average discharge limit, penalties shall accrue for each day during the period of the violation. B. The 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 IU, the compliance history of the IU, and other factor as justice requires. D. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against an IU. 74 - 168. Criminal Prosecution A. Any IU that willfully or negligently violates any provision of this article, 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 Two Thousand Dollars ($2,000.00). Each day such violation continues shall constitute a separate offense. B. Any IU 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 Two Thousand Dollars ($2,000.00). Each day such violation continues shall constitute a separate offense C. Any IU 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 article, wastewater discharge permit, or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be deemed guilty of a misdemeanor and, upon conviction, be fined a maximum sum of Two Thousand Dollars ($2,000.00). Each day such violation continues shall constitute a separate offense. 42 74 -169. Remedies Nonexclusive The provisions in Divisions 9 -12 of this article are not exclusive remedies. The City reserves the right to take any, all, or any combination of these actions against a non- compliant IU. 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 IU when the circumstances warrant. Further, the City is empowered to take more enforcement action against any non - compliant IU. These actions may be taken concurrently. DIVISION 12 SUPPLEMENTAL ENFORCEMENT ACTION 74 -176. Performance Bonds The Director may decline to reissue a wastewater discharge permit to any IU which has failed to comply with the provisions of this article, any orders, or a previous wastewater discharge permit issued hereunder, unless such IU 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. 74 - 177. Liability Insurance The Director may decline to reissue a wastewater discharge permit to any IU which has failed to comply with the provisions of this article, any orders, or a previous wastewater discharge permit issued hereunder, unless the IU first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. 74 - 178. Water Supply Severance Whenever an IU has violated or continues to violate the provisions of this article, orders, or wastewater discharge permits issued hereunder, water service to the IU may be severed. Service will only be reconnected, at the IU's expense, after it has satisfactorily demonstrated its ability to comply. 74 - 179. Public Nuisances Any violation of this article, 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 subject to the provisions of Chapter 34 of this code governing such 43 nuisance, including reimbursing the City for any cost incurred in removing, abating or remedying said nuisance. DIVISION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 74 -186. Act of God. A. Act of God. The Act of God defense constitutes a statutory affirmative defense [Texas Water Code 7.251] in an action brought in municipal or State court. If a person can establish that an event that would otherwise be a violation of a pretreatment ordinance, or a permit issued under the article, was caused solely by an act of God, war, strike, riot or other catastrophe, the event is not a violation of the article or permit. B. An IU who wishes to establish an Act of God Affirmative defense shall demonstrate, through relevant evidence that: 1. An event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the article occurred, and the sole cause of the event was an act of God, war, strike, riot or other catastrophe; and 2. The IU has submitted the following information to the POTW and the City within twenty -four (24) hours of becoming aware of the event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the article (if this information is provided orally, a written submission must be provided within five (5) calendar days), a) a description of the event, and the nature and cause of the event; b) the time period of the event, including exact dates and times or, if still continuing, the anticipated time the event is expected to continue; and c) steps being taken or planned to reduce, eliminate and prevent recurrence of the event. C. Burden of proof. In any enforcement proceeding, the IU seeking to establish an Act of God affirmative defense shall have burden of proving by a preponderance of the evidence that an event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the 44 article, was caused solely by an act of God, war, strike, riot or other catastrophe. 74 - 187. General / Specific Prohibitions An IU shall have an affirmative defense to an enforcement action except for those circumstances specifies in Section 74 -46 A and B and Section 74 -64 B of this article 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 local limit exists for each pollutant discharged and the IU was in compliance with each directly prior to, and during, the pass through or interference, or • No local limit exists, but the discharge did not change substantially in nature or constituents from the IU's prior discharge when the City was regularly in compliance with its TPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements 74 - 188. Bypass A. For the purposes of this Section, (1) Bypass means the intentional diversion of wastewater from any portion of an IU's facility. (2) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic Toss caused by delays in production. B. An IU may allow any bypass to occur which does not cause Pretreatment Standard or Requirements to be violated, but only if it is for essential maintenance to assure efficient operation. C. Bypass Notifications 45 ( 1 ) If an IU knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) calendar days before the date of the bypass if possible. (2 ) A IU shall submit oral notice to the Director of an anticipated bypass that exceeds applicable Pretreatment Standards within twenty -four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) calendar days of the time Ills becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and step taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case -by -case basis if the oral report has been received within twenty -four (24) hours. D. Bypass ( 1 ) Bypass is prohibited, and the Director may take an enforcement action against an IU for a bypass, unless ( a ) The bypass was unavoidable, to prevent loss of life, personal injury, or severe property damage; ( b) There were no feasible alternatives to the bypass, such as the auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment down time. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (c ) The IU submitted notices as required under paragraph C. of the Section. ( 2 ) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three (3) condition listed in paragraph D. (1) of this Section. DIVISION 14 CONTROL OF ADMISSIBLE WASTE 46 74 -196. 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 cleaned /maintained and repaired by the person or permittee, at their expense, in continuously efficient operation at all time. These interceptors shall be subject to the City's inspections. Where the CA finds that the pretreatment is not being maintained in a manner that will keep the IU in compliance with this article, the CA may specify required cleaning frequency which will be imposed through their wastewater discharge permit. Restaurants, food service operations and other establishments with commercial kitchen facilities shall have grease interceptors sized and designed by a registered professional engineer in accordance with the City's current adopted plumbing code. 74 - 197. Sample Wells A. Within sixty (60) calendar days from the date of this article, 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. Where the installation of a sample well is required by the Director, the IU shall have sixty (60) calendar days to install one after the requirement is written into their permit. 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 47 readily and safely measure the volume and obtain samples of the flow at all times. Plans for construction of the sample well(s) shall be included with the Wastewater Discharge Permit Application, and are subject to approval by the Director. B. 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 article. The method used in the examination of all industrial wastes to determine BOD and TSS shall be defined in 40 CFR Part 136. DIVISION 15 INDUSTRIAL COST RECOVERY SURCHARGE 74 -206. Industrial Cost Recovery. A permittee discharging industrial wastes with a BOD exceeding 250 mg /I, or a TSS content of greater than 300 mg/I, or both, and meet all other applicable requirements, including those established under this article, 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 CA, via their wastewater discharge permit, providing for a surcharge over and beyond the normal sewer rate. The industrial waste surcharge for industrial discharge is to be calculated as follows: IWS = (BOD + TSS ) x (O &M cost ) x (VOL) ; 250 300 IWS = represents Industrial Waste Surcharge in Dollars; BOD = represents the Biochemical Oxygen Demand in milligram per liter (mg/I). Note: Concentration less than or equal to 250 mg /I will be considered a value of zero. 48 TSS = represents Total Suspended Solids or Suspended Solids in milligram per liter (mg /I) Note: Concentration Tess than zero or equal to 300mg /I 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 industrial waste surcharge shall be reevaluated at least on an annual basis. (d) The industrial waste surcharges provided for in this article 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 industrial waste surcharges. DIVISION 16 MISCELLANEOUS PROVISIONS 74 -211. Pretreatment Charges and Fees The City may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the Industrial Waste 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 collection and analyzing an IU's discharge, and reviewing monitoring reports submitted by lUs; 49 C Fees for reviewing construction plans and responding to accidental discharges; D. Fees for filing appeals; E. Other fees as the City may deem necessary to carry out the requirements of its' industrial waste pretreatment program. These fees related solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the City. Section 2. Appendix B, Chapter 74, "Utilities ", Article 11, Industrial Waste, is hereby amended, and shall hereafter read as follows, to -wit: "Article 11. INDUSTRIAL WASTE (a) Fine for violations of this Article $2,000.00 74 -168" 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 11, Industrial Waste, as codified in the Code of Ordinances of the City of La Porte, is amended in its entirety as provided herein 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 amendment of said ordinances. Section 5. The City Council of the City of La Porte shall review this ordinance at least once every three (3) years; 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 as of the effective date established in the issued TPDES permit or permit amendment that TCEQ will issue upon their final approval 50 of this ordinance. 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 once 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 public as 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 2011. CITY OF LA ' "�i • TE, TEXAS By: � � I Tit. R. Rio ayor ATTEST: , - Patrice Fogarty, City Secretary A.. • •VED: i ,, -z 164/ nark Askins Assistant City Attorney 51 • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13, 2011 Appropriation Requested By: David Mick . • Source of Funds: N/A Department: Public Works Account Number: N/A Report: Resolution: XX Ordinance: XX Amount Budgeted•N /A Exhibits: 2003 Ordinance (markup and clean) Amount Requested: Exhibits: Proposed Ordinance Budgeted Item: N/A Exhibits: SUMMARY & RECOMMENDATION The City of La Porte has operated an Industrial Waste Pre - treatment Program since the mid 1980's as required by State and Federal Mandate. In September 2009, the Texas Commission on Environmental Quality (TCEQ ) conducted an audit of the City's Pretreatment Program / Municipal Pollution Prevention Assessment. The findings of the audit identified deficiencies which require the City to: 1. Revise the Industrial Waste Ordinance to comply with current federal regulations; and 2. To align the ordinance with specific components of the Industrial Waste program The proposed 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. Changes to the current ordinance include the addition, deletion, and revision to numerous definitions, the addition and deletion of metal maximum contaminate levels based on current influent and effluent contaminates levels, and modifications to regulatory authority, other language and typographical changes. Additionally, the TCEQ requires a "Funding Resolution" by the governing body to ensure that adequate funding is provided for the operation and maintenance of the City's Pretreatment Program for the protection of the City's treatment works, personnel and the public. Current Significant Industrial Users (SIU's) are aware of the changes and none have expressed concern at this time. The Industrial Waste program is funded in the Wastewater Treatment Division budget through various accounts including an Industrial Waste Inspector, laboratory testing, equipment and supplies, etc. Staff plans to review current fees and return to Council with revised rate plan structure in the future. Actio ' • e• ired by Council: • •prove n:,. ordinan• - •, d • • i r A , Cit • , ncil A • enda rc 64 71 Ron : otto ' ty Manager Date RESOLUTION NO. dam'( (--- 0 '7 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS AUTHORIZING FUNDING FOR THE CITY OF LA PORTE INDUSTRIAL WASTE PRETREATMENT PROGRAM AS APPROVED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. WHEREAS, the City of La Porte, Texas is required to develop and implement an Industrial Waste Pretreatment Program to prevent the introduction of pollutants into the treatment works which may interfere with the operation, compromising the quality of the receiving waters; as the same is approved by the Texas Commission on Environmental Quality; and WHEREAS, the City of La Porte, Texas shall allocate sufficient funding each fiscal budget year for the operation and maintenance of the pretreatment program; and WHEREAS, the City of La Porte, Texas shall be responsible for ensuring compliance with all pertinent federal, state, and local laws and regulations. NOW, THEREFORE, BE IT RESOLVED, that the City of La Porte City Council shall assure that funding is available for the operation and maintenance of the City of La Porte Pretreatment Program for the protection of the city's treatment works, personnel and public. PASSED, APPROVED AND ADOPTED this day the /3 ' E 2011. i t s Louis ' -gby, Ma li AT ST: r . 1 ..„ 4 'd A, .._J Patrice Fogarty, Cit /ecretar APPR // OVED: L % «/44 ¶k T. Askins, Assist. City Attorney 8 Q REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13, 2011 Budget Requested By: D. Wilmore Source of Funds: Department: Planning Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Underground Fuel Tank Report Budgeted Item: YES X NO Exhibits SUMMARY & RECOMMENDATION At the January 26 Council Meeting, a question relating to underground fuel tanks at three locations (including 1708 S. Broadway) was raised and staff was asked to research the matter and provide a report to Council. At the March 28 meeting, a report was provided and staff was asked to obtain some cost estimates on core sampling, pumping and/or removal of the tanks. The attached Underground Fuel Tank Report identifies the costs requested and outlines a potential course of action should Council desire to move forward with abatement and/or removal of the tanks. Action Required by Council: Recei sta report and provide direction, if needed. A ► troy ifor • + /dilAenda 71 C 4 4 / Ron Bottoms, City Manager Date UNDERGROUND FUEL TANK REPORT At the January 26 Council Meeting, a question relating to underground fuel tanks at three locations (including 1708 S. Broadway) was raised and staff was asked to research the matter and provide a report to Council. At the March 28 meeting, a report was provided and staff was asked to obtain some cost estimates on core sampling, pumping and/or removal of the tanks. Locations Discussed: Site #I 1702 S. Broadway (Old Porky's site) - CLP Tax Case — Jan. 2000 HCAD Ownership - 6101 Investments, LLC (Sept. 2010) TCEQ records: Reflects all (3) tanks removed in 1993 Site #2 3104 S. Broadway (Old Belcher property) - Harris Co. Tax Case - Oct. 2010 HCAD Ownership - Harris County, et al TCEQ records: no record of tanks; No visual sign of tanks on site Site #3 1708 S. Broadway (Old Angel's) — HCAD Ownership - La Porte Industries, LLC TCEQ records: Reflects (3) tanks on site; Visual confirmation of (3) tanks Environmental Consultant Estimates: I. Core Sampling — Not a recommended method. Cost is comparable to pumping of the tanks and blind coring creates the possibility of comprising one of the existing tanks. II. Tank Pumping - Estimated cost is $2,720.00. Estimate includes: vacuum truck, fluid disposal, supervisor monitoring, manifest fees and truck clean -up. III. Removal - Estimates for the removal of (3) tanks vary depending on the contractor. Estimates range from $21,000.00 to $50,000.00 for a simple removal (without soil contamination). No one was willing to provide an estimate for a job that includes soil contamination. Currently the City has no ordinance allowing enforcement/right -of -entry authority to require an owner to pump and/or remove their underground tanks, allow for the subsequent pumping /removal by the City, or allow for a lien to be placed to recover costs. Research found no explicit enabling authority for a city to do this. A municipality would have to show there is an active and immediate threat to the environment (our water supply) that compels emergency remediation. The Water Code Chapter 26 indicates TCEQ authority pre -empts municipal regulation and specifically identifies TCEQ as the regulatory agency for such matters. Enacting new regulations would afford "no protection to the city" for civil damages should it be sued for taking such measures. Underground Fuel Tank Report Con't..... Page 2 The enforcement office at the Texas Commission of Environmental Quality (TCEQ) was contacted and advised it formally notified the owner of a violation and provides a deadline for payment of assessed penalties. Should the owner not comply by the deadline, the violation is then forwarded to the office that handles "litigation" rather than handling the actual abatement. During the litigation process, penalties continue to accumulate to encourage compliance. Should Council desire to move forward with City remediation and/or removal, the City Attorney recommends a different approach to resolution. Since the property has delinquent taxes that exceed $5,000.00, a taxing entity can foreclose a property tax lien and take ownership of the property. The ownership change would allow tank removal without liability provided the removal complies with TCEQ standards and guidelines. In this situation, the City would be responsible and bear the entire cost of the remediation/removal. b REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 13, 2011 Mioropriatioil Requested By; Mike Rna7e Source of Funds: N/A Department: Fire Account Number: Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested Exhibits: PowerPoint Presentation Budgeted Item: YES No Exhibits: Exhibits: SUMMARY & RECOMMENDATION Fire Department yearly presentation. 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